THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA RIVERSIDE GIFT OF M. Win slow - II c. EXAMPLES OF PRIVATE Corn COINS IN CIRCULATION BETWEEN 1830 AND 1 860. See page 22. MONEY AND BANKING ILLUSTRATED BY AMERICAN HISTORY REVISED AND CONTINUED TO THE YEAR 1908 BY HORACE WHITE THIRD EDITION GINN & COMPANY BOSTON NEW YORK CHICAGO LONDON COPYRIGHT, 1895, 1902, 1908 BY HORACE WHITE ALL RIGHTS RESERVED 48.8 gfrt gtftengum GINN & COMPANY . PRO- PRIETORS BOSTON U.S.A. PREFACE TO THE THIRD EDITION WHEN the second edition of this work was published in 1902 the question of the standard of value, which had been in dispute for a quarter of a century, had been definitely settled in favor of gold. This was a long step toward sta- bility in the medium of exchange, but some unsettled ques- tions still remain. There are $346,000,000 of legal-tender notes outstand- ing. Whatever reasons there might have been for their existence in 1862 have long since passed away. They are a menace to the business interests of the country, an expen- sive kind of circulating medium, and a stumbling-block to, currency reform. At every panic or unusual pinch in the money market we hear demands for fresh issues of legal- tender notes, and every movement in Congress for a more elastic bank-note system is met by similar demands. The greenbacks ought to be put out of existence by redeeming $150,000,000 of them with the gold now held for that pur- pose, and by canceling the rest as fast as they come into the Treasury, or by funding them in bonds to be sold at not less than par. The Independent Treasury, established sixty years ago for the purpose of divorcing the government from the money market, has worked contrary to the intentions of its framers, and has resulted in abuses far greater than those which it was expected to correct. Thus we have seen public money, to the amount of hundreds of millions of dollars, deposited in banks IV x PREFACE without interest and distributed and redistributed among them according to the caprice or favoritism of the Secretary of the Treasury. Abuses more flagrant than any that were charged against the Bank of the United States in President Jackson's time are of common occurrence and pass almost unnoticed. The excuse for these transactions is that the keeping of public money locked up in the Treasury would be artificial contraction of the currency, that it would bring on a panic, and that it would be the greatest abuse of all. This plea is virtually an accusation against the government* as a whole for looking at this growing evil supinely and with- out remedial action for twenty years. We have a bank-note currency incapable of adjustment to the varying demands of trade. It is lacking in the ele- ment of elasticity which is the raison d'etre of a bank's circu- lation. Such changes of volume as occur take place in long undulations, so that expansion does not become effective until after the immediate demand for it has ceased, and .when the demand has ceased and contraction ought to fol- low, it is prevented or retarded by law. To retire $100,000,- ooo of redundant notes requires eleven months' time under the present statute. The alternative is the exportation of gold or the heaping up of a surplus in the central reserve cities, thereby promoting unhealthy stock speculations. Both of these operations are going on at the present time. There is also a gorge of $60,000,000 of bank notes in the Treasury now notes sent in for redemption and actually redeemed, but which the clerical force of the department, although recently increased for this purpose, is inadequate to handle and to return to the issuing banks. This $60,000,000 repre- sents a call loan due from the banks to the government, a loan involuntary on both sides, and it has been growing for several months, although the government has been struggling like Laocoon to cast off the incumbrance. PREFACE V This ironbound currency would have come to a timely end by the payment of the national debt had not its adherents devised a scheme for extending, for some thirty years, $600,- 000,000 of bonds maturing in 1904, 1907, and 1908, thus putting an unnecessary burden of interest on the taxpayers and preventing the government from using its surplus to pay its debts. The existence of a growing surplus without such an outlet is a prolific source of demoralization, leading to ruinous extravagance in public expenditures. This is so grave a menace that one of the greatest blessings to the country possible at the present time would be a Treasury deficit. This blessing we are likely to find soon. The panic of 1907 brought the country to a realization of the fact that there is something radically wrong in our banking system. Business conditions in the United States in the period preceding the panic were not unlike those pre- vailing in the commercial world generally. Our resources were greater than those of any other country, yet ours was the only one afflicted by a general bank suspension. Why was the richest country in the world prostrated by the finan- cial gale, while all others stood upright ? Why did we remain prostrate two months, struggling desperately, with illegal shinplasters, to pay the wages of labor and to carry on retail trade ? This question needs an answer before the next cycle of speculation comes to an end. Circumstances seem favorable for a revision of this book, for weeding out matter that has become obsolete by the passage of time, and for the introduction of other matter of more immediate interest. Some chapters in the second edition have been expunged entirely and new ones added, including one on the recent panic and one on the central bank question. It has been the author's endeavor also to bring all the statistical parts down to date, and also to take notice of all the important changes in banking law that have VI PREFACE been made, either here or in foreign countries, since the last edition was printed. Attention has been given to the testimony taken by the House Committee on Banking and Currency during the recent session of Congress. The text and an analysis of the act of May 30, 1908, are given in an appendix. H. W. NEW YORK, June, 1908 CONTENTS BOOK I. EVOLUTION OF MONEY PAGB CHAPTER I. MONEY A COMMODITY i Difference between Money and Promises to Pay. Aristotle on the Origin of Money. Various Kinds of Money. Wampum and Beaver. Disappearance of Wampum. Tobacco Money in Virginia. Rapid Decline in Price. Tobacco Riots in 1683. Tobacco Paper Currency. Early Massachusetts Currency. Early New York Money. Rice Currency. Early California Devices. Private Coins and " Slugs." General Principles. The Value of Gold. All Trade is Barter. Portability. Stability. Uniformity. Durability. Divisi- bility. Cognizability. Gold not wholly Free from Variations in Value. A Standard of Deferred Payments. Money a Product of Evolution. Recapitulation. Authorities. CHAPTER II. COINAGE 16 Principles of Coinage. Subsidiary and Token Coins. Shape of Coins. Materials. Weight Coins. The Monetary Standard. An "Ideal Dollar" Impossible. Seigniorage. Deposits of Gold Bullion. Assaying. Coining. Private Coining Inadmissible. The Mint Price of Gold. A " Premium on Gold." Abrasion of Coin. The Spanish Dollar. Gresham's Law. Early Colonial Coins. The Pine-Tree Shilling. The Proclamation of Anne. It is disregarded. Money of Account. Recapitulation. Authorities. CHAPTER III. LEGAL TENDER 30 Roman Law of Tender. Origin of Modern Law of Tender. Our First Coinage Act. Double Legal Tender. Its Failure. Our Second Coinage Act. Silver Coins in the United States prior to 1853. Our Third Coinage Act. Our Fourth Coinage Act. The Trade Dollar. Present Varieties of Legal Tender. Recapitulation. Authorities. Vlll CONTENTS PACK CHAPTER IV. GOLD AS A METAL 41 Where Gold is found. Its Affinity for Quicksilver. Placer Gold. Methods of Collection. Hydraulic Mining. Quartz Crushing. Chlorination. The Cyanide Process. Recapitulation. CHAPTER V. GOLD PRODUCTION 49 First Half of the Nineteenth Century. California and Australia. The Comstock Lode. South Africa. The Klondike. Cripple Creek, Colorado. Second Half of the Century. Effect of New Gold on Prices. Its Modus Operand!. Prospect of Continued Advance. The Quantity Theory. Recapitulation. Authorities for Chapters IV and V. CHAPTER VI. THE GOLD STANDARD 60 Market Values of the Precious Metals. Experience of England. Act of 1774. A Tentative Step. Gold Standard Adopted. The United States and Portugal. Experience of Germany. Act of 1871. Act of 1873. Treasury Order of 1900. Bimetallist Agita- tion Ineffectual. French Monetary Law of 1803. Did not keep the Market Ratio Steady. The Latin Monetary Union. Austria- Hungary. Adopts the Gold Standard in 1892. Her Modus Operand!. British India. Petition for the Gold Standard. The Herschel Commission of 1893. Fowler Committee of 1898. Japan adopts the Gold Standard. Her New Coinage Law. Russia adopts the Gold Standard. New Russian Coinage Law. Inter- national Monetary Conferences. Obstacles to Bimetallism. Reca- pitulation. Authorities. BOOK II. GOVERNMENT PAPER MONEY CHAPTER I. COLONIAL BILLS OF CREDIT .... 79 First Bills of Credit. Strife with the Mother Country. And with the Colonial Governors. Prohibitions by Parliament. Rhode Island an Awful Example. Testimony of Thomas Paine. Loans from the Treasury. Other Pretexts for Bills of Credit. False Reports. Forcing Laws. Usual Career of Bills of Credit. Extending Time for Redemption. Counterfeiting. Depreciation. Swindling. Mob Law. Repudiation. Economic Effect of the Loan Bills. A Con- spiracy of Landowners. Recapitulation. Authorities. CONTENTS IX PAGE CHAPTER II. REVOLUTIONARY BILLS OF CREDIT. 91 Franklin's Warning. First Issues. Pelatiah Webster. Early Depreciation. Price Convention in New England. Burglary legal- ized. Price Convention of the Middle States. Washington's First Views. Subsequently changed. The Final Cataclysm. Social Ter- rorism. Mutiny of Soldiers. "New Tenor." Counterfeiting. Spe- cific Supplies. A Complete Failure. Impressments. Also a Failure. "Scales of Depreciation." "Not worth a Continental." Con- tinental Money considered as a Tax. Or as Confiscation. The Alternative. Display of Luxury during the War. Post-Revolu- tionary Bills. Recapitulation. Authorities. CHAPTER III. THE GREENBACKS 106 Treasury Notes before the Civil War. War Loans of 1861. Sus- pension of Specie Payments. The Legal-Tender Bill. Bankers remonstrate against it. Mr. Chase assents to it. The Bill passes. The Second Issue. The Coin Purchase Act. Third Issue. Depre- ciation. Interest-Bearing Notes. Compound-Interest Notes. Frac- tional Currency. The 10-40 Bonds. Maturing Bonds paid in Gold. Funding Clause repealed. The Anti-Gold Law. Its Repeal. Were Legal-Tender Notes Necessary ? Other Methods of War Finan- ciering. Effect of Legal Tender on Wages. Effect on Prices of Com- modities. First Trading in Gold. Gold Exchange organized. Gold Exchange Bank. Gold Clearings. A Commercial Necessity. Gam- bling Raids. " Selling Short." Black Friday. California adheres to the Gold Standard. Early Embarrassments. Severe Losses. Confusion in Business. Greenbacks not Legal Tender for Taxes. Rise of the Rate of Interest. Specific Contract Law. Sustained by the Supreme Court of the United States. Supreme Court Deci- sions. Gold Contracts Enforceable. The Hepburn Case. The Hepburn Judgment reversed. Judge Strong on "Value." The Latest Decision. George Bancroft's Criticism. Recapitulation. Authorities. CHAPTER IV. CONFEDERATE CURRENCY 140 First Steps. A Produce Loan. The Currency not Legal Tender. Failure to Tax. Compulsory Funding. Partial Repudiation. Final Collapse. Fatal Mistakes. State and Private Currency. Recapit- ulation. Authorities. X CONTENTS PAGE CHAPTER V. AFTER THE WAR 150 Money as an Educator. Paying Bonds with Greenbacks. Policy of Contraction adopted. Repealed. Greenbacks reissued. Inflation Bill of 1874. Vetoed by President Grant. Specie Resumption Act of 1875. Doubts as to its Meaning. Attempts to repeal it. Politi- cal Campaign of 1875. Resumption accomplished. Gold Imports in 1879 and 1880. The $100,000,000 Reserve. The Sherman Act. Silver and Tariff Bills in 1890. The Treasury Deficit. Gold Ex- ports. The Currency Act of 1900. Treasury Divisions of Issue and Redemption. The " Endless Chain." Treasury Notes of 1890 to be retired. Minor Provisions of the Act of 1900. Denomina- tions of Paper Currency. Recapitulation. CHAPTER VI. SILVER DOLLARS AND THE PANIC OF 1893 167 First Silver Agitation. The "Crime of 1873." Movement for Remonetization. New Alignment of Parties. The Bland Bill. The Allison Amendment. Vetoed and passed. Modus Operandi. Slow Circulation of the New Dollars. Rapid Movement in 1879 an d 1880. Crisis in 1884. Small Silver Certificates introduced. Panic predicted. The Act of 1890. Gold Movements of 1891 and 1892. Action of Secretary Foster. Panic of 1893. Commercial Crises. Causes of the Panic. End of the Silver Purchasing. " Coining the Seigniorage." Indifference of Congress. Bond Sales in 1894. Bond Syndicate of 1895. Panic of 1895. $100,000,000 Bond Sale. Coin- age of the Silver Bullion in the Treasury. Act of 1900. Its Defect. Direct Redemption of the Silver Dollar Desirable. Recapitulation. Authorities for Chapters V and VI. BOOK III. BANKING CHAPTER I. FUNCTIONS OF A BANK 193 Original Meaning of the Term. A Manufactory of Credit. Dis- counting Commercial Paper. Two Kinds of Deposits. Utility of Bank Credits. Limit to Bank Credits. Bank Reserves. Bank Notes. Of the Same Nature as Checks. Issue of Notes Auto- matic. Utility of Bank Notes. Evolution of Bank Notes. A Common-Law Right. Why Interest is paid for the Use of Bank CONTENTS XI PAGE Notes. How Banks aid in the Work of Production. Recapitula- tion. Authorities. CHAPTER II. A BANK STATEMENT 205 Loans and Discounts. Accommodation Paper. "Cash Credits." Drafts and Bills of Exchange. Acceptances. Bills of Lading. Letters of Credit. United States Bonds. Other Interest-Bearing Securities. Real Estate. Due from Other Banks. National Bank Notes. The Cash Reserve. Bank Note Redemption Fund. Country Bank Deposits. Interest on Deposits. Certificates of Deposit. Certified Checks. Cashier's Checks. Capital and Surplus. Profits. Recapitulation. CHAPTER III. THE CLEARING-HOUSE SYSTEM . . 216 The Essence of Clearing. The Old System. New York Clear- ing House. Preparations for Clearing. The Operation. The Result. Present System of Payment. Magnitude of Clearings. Other Varieties of Clearing. Clearing-House Loan Certificates. "Pooling" the Reserves. Form of Certificates. Effect on the Public Mind. The Case of a Small Town. That of a Large City. Suspension not always prevented. Benefit of the System. Small Certificates for Retail Trade. Recapitulation. Authorities. CHAPTER IV. COLONIAL BANKING 232 Colonial Ideas of Banking. The Bank of Amsterdam. The Fallacy of Land Banking. " The Fund at Boston in New England." The Massachusetts "Projection" of 1714. Crude Conceptions. The New London Bank of 1732. The Company suppressed. Pri- vate Note Issues in 1731. A New Hampshire Experiment. The Massachusetts Land Bank of 1740. Its Note Issue. Opposition of Governor Belcher. Political Consequences. Parliament takes Action. Mob Violence. Recapitulation. Authorities. CHAPTER V. EARLY AMERICAN BANKS 244 Bank of North America. Chartered by Congress in 1781. Its Service in the Revolution. Rechartered by Pennsylvania. Attacks on the Bank after the War. The Charter repealed. And reenacted. Bank of Massachusetts. First Legal Restrictions. Bank of New Xll CONTENTS PAGB York. At First Unpopular. Legal Restrictions. Question of Small Notes. Restriction of Debts and Credits. Other Prohibitions. New York Restrictions. Recapitulation. Authorities. CHAPTER VI. FIRST BANK OF THE UNITED STATES 254 Hamilton's Report. The Bank's Capital. Regulations of its Charter. Constitutionality of the Bill. Reasons for Regulations. The Government as a Shareholder. Voting Power of Shareholders. Other Provisions. Great Financial Success. A Regulator of the Currency. Renewal of Charter proposed. The Spoils System. Opposition to the New Charter. Alleged Foreign Influence. The Government's Shares in the Bank. Senatorial Debate. Charter refused. Mr. Gallatin's Opinion. Recapitulation. Authorities. CHAPTER VII. SECOND BANK OF THE UNITED STATES 267 Financial Distress in 1814. A National Bank proposed. The Bank Charter of 1816. Public Deposits. Other Regulations. Deposits payable in Specie. Duties and Taxes. Post Notes. Branch. Drafts. Penalty for Suspension. Bonus for Charter. Branch Banks. Scandalous Beginnings. The Bank in 1829. Recapitulation. CHAPTER VIII. THE BANK WAR 276 The Question of a Recharter. First Signs of Political Conflict. Isaac Hill. Amos Kendall. Jackson's first Message. Its Mis- statements. Benefits of the Bank. Bank sustained by Congress. The Previous System. Biddle and Ingham. Jackson's Message of 1830. Milder Tone of the President. Baltimore Platform of 1831. Henry Clay and the Bank. Affair of the 3 Per Cents. Mr. Biddle's Duplicity. The Charter passed. The Charter vetoed. Jackson's Victory. The Deposits removed. The Pennsylvania Charter. Wild Speculation. Final Collapse of the Bank. Reca- pitulation. Authorities for Chapters VII and VIII. CHAPTER IX. THE SUFFOLK BANK SYSTEM ... 291 Stock Notes. Struggle to compel Payment of Capital Stock. Chaos of Banking in New England. The New England Bank. The Suffolk Bank. Country Banks asked to redeem in Boston. CONTENTS Xlll PACK The Forcing Process. Basis of the Suffolk System. Its Popu- larity and Success. Small Losses. The " Banking Principle." The " Currency Principle." Specie Reserve. Massachusetts General Laws. Recapitulation. Authorities. CHAPTER X. THE SAFETY FUND SYSTEM .... 303 Banks and Politics. The Manhattan Company. Joshua For- man. Safety Fund System. Notes made a Prior Lien. Reason for this. Fraudulent Overissues. Faults of the System. The Safety Fund in Canada. Recapitulation. CHAPTER XI. THE FREE BANK SYSTEM 311 The Evils of Monopoly. Political Revolt. Free Banking Law. A Bad Beginning. Abuses of Free Banking. Faults of the System. System perfected. Elasticity of Note Issues. Free Banks in Illinois. Final Collapse. Indiana. Wisconsin. Free Banking in Canada. Recapitulation. Authorities for Chapters X and XI. CHAPTER XII. CHAOS OF BANKING IN THE XIX CENTURY 322 Speculation in Bank Charters. Bank Failures. Chaos in North Carolina. In Georgia. In Michigan. " Wild-Cat Banks." Coun- terfeit and Spurious Notes. Counterfeit Detectors. Minor Abuses. Recapitulation. Authorities. CHAPTER XIII. SOME NOTABLE BANKS 333 State Bank of Indiana. Its Branch System. Charter Regula- tions. Circulating Notes. The System of Examinations. Final Liquidation. Crisis of 1857. Mortgage Loans. George Smith. The Wisconsin Marine and Fire Insurance Co. Efforts to sup- press Smith. " George Smith's Money." The " Raison d'etre." Smith's Retirement. Louisiana Bank Act of 1842. Recapitula- tion. Authorities. CHAPTER XIV. THE NATIONAL BANK SYSTEM . . 348 Origin of the System. Difficulty of passing the Bill. Comp- troller. Organization. Capital Stock. Powers. Deposit of Bonds. Directors. Liability of Shareholders. Circulating Notes. Their XIV CONTENTS PAGB Redemption. Retirement of Circulation. Redemption of Failed Bank Notes. Tax on Circulation. Legal Reserve. Usury. Re- strictions. Reports. State Taxation. Bank Examiners. Receivers. Public Deposits. Bank Statistics, August 22, 1907. Recapitu- lation. CHAPTER XV. STATE BANKS AND TRUST COM- PANIES .361 State Banks. Private Banks. Cash Reserves. Trust Com- panies. New York State Law. Bank Notes as Reserves. Cash Reserves. Swapping Bank Notes for Gold. Is it Inflation ? Recapitulation. CHAPTER XVI. FOREIGN BANKING SYSTEMS ... 369 THE BANK OF ENGLAND Successful Beginning. Monopoly of Note Issues. The "Restriction" of 1797. Sir Robert Peel. The Act of 1844. Suspension of the Bank Act. The Arguments Pro and Con. The Bank keeps the Gold Reserve of the Nation. THE SCOTCH BANK SYSTEM Cash Credits. The Branch System. Note Issues. Economy in the Use of Gold. THE CANADIAN BANK SYSTEM Note Issues. Safety Fund. Branch Banks. Bank Note Inspection. THE BANK OF FRANCE Note Issues. Cash Reserves. Suspension of Specie Pay- ments. Branches and Discounts. Great Service to the Government. THE IMPERIAL BANK OF GERMANY Its Organization. Note Issues. The Elastic Feature. Vari- ous Provisions. Dividends. Recapitulation. Authorities. CHAPTER XVII. RECENT HISTORY 401 Inflexibility of Note Issues. Seasonal Demand for Notes. Unnecessary Contraction and Expansion. Extending the Public Debt. Loss of Interest. Bad Financiering. Secretary Shaw's CONTENTS XV PAGE Policies. Various Bonds as Security for Government Deposits. No Bank Reserve against Government Deposits. Stimulating Gold Imports. Moving the Crops. Omniscience in the Treasury Department. CHAPTER XVIII. THE PANIC OF 1907 411 The Knickerbocker Trust Company. The Run on Other Trust Companies. Drain on Bank Reserves. Premium on Currency. Importation of Gold. Action of the Government. Cause of the Panic. CHAPTER XIX. PRESENT PROBLEMS 416 State of Public Opinion. Defect of the Bond Deposit System. No Panic in Foreign Countries in 1907. Branch Banks. Their Relation to Note Issues. Legal Cash Reserve. Bank Notes as Reserves. Frequent Redemption Desirable. " Emergency Circu- lation." The Proposed Tax. The German Practice. CHAPTER XX. THE CENTRAL BANK QUESTION . . 424 Fortification of Credit. Functions of a Central Bank. Its Note Issues. Drains on Bank Reserves. How Banks drain Each Other in the United States. Is a Central Bank Feasible ? Advan- tages of Union. Plan for a Central Bank. Powers of a Central Bank. The Comptroller of the Currency favors a Central Bank. Desirable Features of his Plan. Conclusion. APPENDIX A. THE NEW YORK CHAMBER OF COM- MERCE REPORT ON THE CURRENCY 431 APPENDIX B. AMERICAN BANKERS' COMMISSION REPORT ON THE CURRENCY 433* APPENDIX C. CURRENCY BILLS IN CONGRESS ... 440 THE ALDRICH-YREELAND ACT. FULL TEXT AND ANALYSIS THE FOWLER BILL. SUMMARY BIBLIOGRAPHY 456 INDEX 461 MONEY AND BANKING BOOK I EVOLUTION OF MONEY CHAPTER I MONEY A COMMODITY MONEY 'is a commodity which mankind voluntarily accepts in exchange for all other commodities and services. We are now speaking of real money, not of promises to pay money. All of our paper circulating medium and all of our Difference be- smaller coins are, either directly or indirectly, tween Money and promises to pay money. In the case of the to pay. f ormer t h e p rom ise is stamped on it. In the case of the latter it is merely, expressed in the laws. The difference between real money and a promise to pay money is the same as that between a meal and a meal ticket, or between a trunk and a trunk check. A commodity which is universally accepted as a medium of exchange naturally becomes a standard of value, by being continually brought into comparison with other com- modities. Aristotle gives us the following definition of money and account of its origin : It is plain that in the first society (that is, in the household) there was no such thing as barter, but that it took place when the 2 EVOLUTION OF MONEY community became enlarged : for the former had all things in common, while the latter, being separated, must exchange with each other according to their needs, just as many Anstotle on the barbarous tribes now subsist by barter : for these Origin of Money. J . ' merely exchange one useful thing for another, as, for example, giving and receiving wine for grain and other things in like manner. This kind of trading is not contrary to nature, nor does it resemble a gainful occupation, being merely the complement of one's natural independence. From this, never- theless, it came about logically that as the machinery for bringing in what was wanted, and of sending out a surplus, was inconven- ient, the use of money was devised as a matter of necessity. For not all the necessaries of life are easy of carriage ; wherefore, to effect their exchanges, men contrived something to give and take among themselves, which, being valuable in itself, had the advan- tage of being easily passed from hand to hand for the needs of life such as iron or silver or something else of that kind, of which they first determined merely the size and weight, but eventually put a stamp on it in order to save the trouble of weighing, for the stamp was placed there as the sign of its value. 1 Among the things used as money by various people within the historical period are cacao beans, salt, silk, furs, tobacco, dried fish, wheat, rice, olive oil, 101 cocoanut oil, cotton cloth, cowry shells, iron, copper, platinum, nickel, silver, and gold. It would be difficult to say what had not been used as money at some time or place. Our own history furnishes an abun- dance of curious examples, the most instructive being the tobacco currency of the colonial period. It may be said that Virginia grew her own money for nearly two centuries, and Maryland for a century and a half. The first settlers of New England found wampumpeage, sometimes called wampum and sometimes peage, in use among the aborigines as an article of adornment and a medium of exchange. It consisted of beads made from 1 Politics, I, 9. MONEY A COMMODITY 3 the inner whorls of certain shells found in sea water. The beads were polished and strung together in belts or sashes. They were of two colors, black and white, the black bein S double the value of the white. The early settlers of New England, finding that the fur trade with the Indians could be carried on with wampum, easily fell into the habit of using it as money. It was practically redeemable in beaver skins, which were in constant demand in Europe. The unit of wampum money was the fathom, consisting of 360 white beads worth sixty pence the fathom. In 1648 Connecticut decreed that wampum should be " strung suitably and not small and great vncomely and disorderly mixt as formerly it hath been/' Four white beads passed as the equivalent of a penny in Connecticut, although six were usually required in Massachusetts and sometimes eight. In the latter colony wampum was at first made legally receivable for debts to the amount of \2ii. only. In 1641 the limit was raised to 10, but only for two years. It was then reduced to 40^. It was not receivable for taxes in Massachusetts. The use of wampum money extended southward as far as Virginia. The decline of the beaver trade brought wampum money into disrepute. When it ceased to be exchangeable in large sums for an article of international trade the basis of its value was gone. Moreover it was extensively counterfeited, and the white beads were turned into the more valuable black ones b Y dyeing. Never- theless it lingered in the currency of the colonies as small change till the early years of the eighteenth century. While it was in use it fluctuated greatly in value. The first General Assembly of Virginia met at James- town July 31, 1619, and the first law passed was one fixing the price of tobacco " at three shillings the beste, and the 4 EVOLUTION OF MONEY second sorte at i&J. the pounde." Tobacco was already the local currency. In 1642 an act was Money p assec j forbidding the making of contracts payable in money, thus virtually making tobacco the sole currency. 1 The act of 1642 was repealed in 1656, but nearly all the trading in the province continued to be done with tobacco as the medium of exchange. In 1628 the price of tobacco in silver had been $s. 6n dU ru ^ e ' ^ or a l tnou gh our colonial ancestors for a time went back to a system almost as rude as that of the Homeric period, they eventually abandoned it and resumed metallic money, which always served as a mental standard even when it was not a legal one. It is a fact of prime importance we meet it everywhere in colonial history that in all trading, whether the medium of exchange was wampum, beaver, tobacco, or what not, there was a mental reference to metallic money, most commonly silver. In other words, silver, although 14 EVOLUTION OF MONEY a latent standard, was the real standard at all times and places. The question may be asked, Why did our ancestors endure the burden of an inferior kind of money so long, when they knew that it was inferior? The answer is that a metallic money is an expensive tool acquired by a community at a considerable cost and sacrifice. The early settlers had very little capital, and preferred to put as little of it as possible into the shape of money, and as much as possible into food, clothing, and implements. They could not have both a metallic currency and an axe. They chose the axe as being more important to them, and got along without the coin. Hence the prevalence of paper money. Moreover, the one form of ready capital which was acceptable to all, and there- fore could be used as a medium of exchange, was a ready article of export, e.g., in New York, beaver skins ; in Vir- ginia, tobacco ; in South Carolina, rice, etc. These were the natural money in those sections. Silver could not be kept in circulation, as it was inevitably exported to be ex- changed for more valuable kinds of capital (axe, food, clothing). The faster it was coined or imported from the West Indies, the faster it left to buy goods abroad. RECAPITULATION Money is a common measure of value, a medium of exchange, and a standard of deferred payments. Like most other commodities, it is the product of labor. Any portable article may answer the purpose of money; some com- modities are more convenient than others. Mankind has experimented with many different ones, and has selected gold as the best. The selection has been made by tacit agreement, not by convention. All trade is essentially barter, even when carried on by the use of gold. MONEY A COMMODITY 15 The value of any standard money depends upon its utility or usefulness, i.e., upon what the consumers of the com- modity are willing to pay for it for other than monetary uses ; for instance, for ornament. In every exchange the gold is of the same value as the thing for which it is exchanged, or is so considered by the traders. The requisites of a good kind of money are portability, homogeneity, durability, divisibility, cognizability, and sta- bility of value. These requisites are found to exist in the greatest perfection in gold. By the value of gold we mean the quantity of other com- modities that it will exchange for, at a given time. As value is a relation existing between different things, it follows that variations of value may arise from causes affecting either of them. Gold is not wholly free from variations of value, but is subject to fewer changes than any other substance which is fitted to be used as money. AUTHORITIES Felt's Historical Account of Massachusetts Currency. Bronson's Historical Account of Connecticut Currency, etc. Sumner's History of American Currency. Weeden's Economic and Social History of New England. Documents Relating to the Colonial History of New York. Brock's History of Tobacco (in Vol. Ill, Tenth U. S. Census). Hening's Statutes of Virginia. Ridgway's Origin of Currency and WeigJit Standards. Hill's Handbook of Greek and Roman Coins (London, 1899). CHAPTER II COINAGE COINAGE is the process of identifying and stamping a piece of metal intended to be used as money. Coins are of two kinds, namely : I. Those made by the government for private persons, from metal deposited by them, without limit as to quantity, and full legal tender. II. Subsidiary coins made by the government for itself, such coins being restricted in quantity, and sold to private persons at more than cost, and being usually limited legal tender. As regards coins of the first class, the government's stamp is merely a certification of the weight and fineness of the metal composing them. The prime requisites of such a coinage are : 1. That the coins shall contain exactly the amount of fine metal that the law prescribes ; 2. That they shall be easily recognized ; 3. That they shall not be easily counterfeited or altered ; 4. That they shall not be easily abraded by ordinary use. The word " subsidiary " is usually applied to coins which constitute the small change of a country and which are legal tender only for limited amounts. In the United States the silver dollar must be classed as subsidiary also ; for, although it is full legal tender, the government does not coin it for private individuals as it coins gold. It is subsidiary, or subordinate, 16 COINAGE 17 to gold coins. It passes for much more than the value of the metal contained in it. Professor Taussig has fitly applied the term " large change " to the silver dollar. Coins made of copper or other base metal are called " token " coins. They are subsidiary coins for the smallest transactions. Subsidiary coins, however much their metallic value may fall below their nominal value, may be kept at par either by restricting their quantity, or by redeeming them on demand. If the quantity is restricted to the actual needs of the coun- try for small change, they will be at par because they are among the necessities of life. Our government redeems its coins smaller than one dollar when presented in sums not less than twenty dollars. By the coinage act of 1873 the weight of our subsidiary coins was increased slightly, to make them correspond with the legal-tender silver of France. Two half dollars (384 grains) were raised to 25 grams (385.8 grains), equal to the five- franc piece. This change was of no practical importance. If subsidiary silver coins circulate at a value which is largely imaginary, the question may be asked, Why not make them of some other metal, or even of Metal*' paper ? There are no reasons except custom and convenience. A coin not heavier than a half dollar is more convenient than a piece of paper ; it is cleaner, and in the long run is probably cheaper, as it does not require frequent renewal. A cheaper coin might be made out of some other metal, but it is generally best to conform to the habits of the people. Having been always accustomed to a silver subsidiary coinage, no good reason is apparent why we should depart from it. The shape of coins is usually circular, but some are square, others oblong, others cubical. Many ancient coins were dish-shaped ; others in the form of rings. The first coins struck by the government in California were octagonal. 1 8 EVOLUTION OF MONEY The copper coins of China, called "cash," have square holes in the center by which they are strung on a wire and hung over the owner's neck. The objects Shape of Coins. . . . . ' to be aimed at in determining the shape of a coin are freedom from abrasion, exemption from alteration, and convenience in handling. Modern commerce tends to minimize the use of gold except to settle international bal- ances. For this purpose fine gold bars are best, as they are subject to hardly any abrasion and are much more convenient to bankers than ordinary coins. Coins have been made, at different times and places, of iron, lead, tin, brass, copper, nickel, platinum, silver, and gold. There were coins of electrum in the ancient world. This was a mixture of silver and gold found in a natural state in the Tmolus Mountains in Asia Minor and else- where. Specimens found in the Tmolus range Materials. in modern times have yielded 73 per cent gold and 27 per cent silver. Electrum was also produced artificially, with a larger proportion of silver, in order to debase the currency. In early Rome small payments were made by tale (i.e., by counting), and large ones by weight. The Latin word pendo, from which our words " compensation," Weight Coins. " expenditure, and " stipend are derived, means to weigh. The shekel, the talent, the drachma, the pound, the penny, the peso, the livre, the franc, and the mark were originally the names of weights. They are instances of the transference of the name of a weight to a coin. A standard is a measure, by comparison with which the length, size, weight, capacity, fineness, value of other things is determined, as a standard inch, a standard gallon, etc. It is proper, therefore, to speak of a standard of weight, a standard of fineness, a standard of value. Our law says COINAGE 19 that the dollar composed of 25 T 8 ff grains of gold, nine-tenths fine, shall be the standard unit of value, and that ten times this amount shall be the eagle, etc. The amount of fine gold in the dollar is 23.22 grains. The smallest standard 6 * &^ com now P r duced at the mint is the quarter eagle (two dollars and a half) of the standard weight of 64^ grains. The gold dollar is too small a piece for convenient use. Its coinage was discon- tinued by the act of September 26, 1890. The coins now authorized to be struck at the mint of the United States are the gold quarter eagle, half eagle, eagle, and double eagle ; the silver dollar, the half dollar, the quarter dollar, and the dime ; the five-cent piece of nickel and copper, and the one-cent piece of copper. We sometimes read of an "ideal dollar," a phrase imply- ing that there may be a dollar whose value is not embodied in any tangible substance, but is purely a iar " im ^ibie menta ^ conception. This is impossible. Money must be something which shall serve as a medium of exchange. There may be as many different ideas as there are different people. How should we choose an umpire to furnish ideas of the relative values of different kinds of property? Yet the Supreme Court of the United States, in the Legal Tender Cases, gravely maintained that "value is an ideal thing" and that "the gold or silver thing we call a dollar is in no sense a standard of a dollar." The government receives all the gold deposited at the mint by private individuals and converts it into coin or bars free of charge. All silver, nickel, and copper Seigniorage. coins are made by the government from its own metal and are sold to the public for gold or its equiv- alent. The profit which the government makes on such sales is called "seigniorage." It is the difference between the cost of the bullion and the price received for the coins. 2O EVOLUTION OF MONEY The same term is applied to any charge which a govern- ment makes for coining a metal for private individuals. Formerly the seigniorage on silver subsidiary coins was only 5 to 7 per cent. Since the great decline in the price of silver took place, it has become more than 100 per cent. Formerly the government could buy only sixteen pounds of silver bullion with one pound of gold. Now it can buy more than thirty-five pounds for the same money. Although the law contemplates the deposit of gold bullion at the mint, or assay offices, of the United States, and the coinage of the same for the depositor, yet Bumon 8 f GOM Poetically the Treasury buys the bullion and pays for it. The practice of the assay office in paying for gold varies according to the kind of bullion in the deposit. A depositor of bars from known assayers, or smelters, or of foreign coin of which the fine- ness can be readily approximated, is allowed at once 90 per cent of the value ascertained by weight and calculation of the fineness. The balance is paid after melting and assaying. When the deposit is small, or when bullion is tendered without well-known "ear-marks," no advance pay- ment is made, but the full payment is made after assaying without waiting for coinage. Having bought the bullion, the director of the mint determines what portion shall be coined and what portion converted into bars. A certain portion is always converted into " fine bars " for commer- cial use, the remainder into mint bars (^ fine) suitable for coinage. The successive steps in the making of coins are : (i) assaying, (2) refining, (3) alloying, (4) coining. The bul- lion is first melted in a crucible. While in the molten state it is stirred until thoroughly mixed. It is then allowed to cool in the form of a brick. Small pieces are clipped from two corners of the brick most distant from each other and COINAGE 21 given to two different assayers to test the fineness of the metal. If their tests do not agree within a certain fraction, the brick is returned to the melting pot and Assaying. the process repeated. When the test is sat- isfactory and the amount of foreign substance is known, the whole of the impurity is removed by chemical means. Then the requisite amount of alloy is added, by remelting and mixing, to harden the mass. Thus, to nine pounds of pure gold one pound of copper is added, so that the coins shall be nine-tenths fine. The bullion is rolled into strips or ribbons a little wider than the coin to be struck. It is then " drawn " in a machine which reduces it to the thickness of Coining. the coin. The strips are then passed through another machine, which cuts out of them circular pieces, of the proper size, called "blanks." Each blank is examined by an expert both by weighing and by sounding. If one is found too light, or if it does not " ring true," it is returned to the melting pot. If it is too heavy, the excess of metal is removed by filing. The blanks are sent to a machine by which a slight rim is raised around the edge of the piece on both sides, so that its weight shall rest on the rim and not on the whole surface of the coin, in order to minimize the abra- sion. This process is called "milling." The blanks are then put in a cylindrical case and sent to the coining machine. At each revolution of the machine one blank drops from the bottom of the cylinder, is seized and conveyed to a sunken steel bed which contains a die that prints one sur- face of the coin. This bed has a serrated edge or " collar." Directly above this sunken die is a steel stamp containing a die which prints the other surface of the coin. This stamp descends on the blank underneath with sufficient force to impress upon it the letters and figures of both surfaces of 22 EVOLUTION OF MONEY the coin. The pressure also squeezes the coin against the serrated collar, producing an indentation on the edge of the coin, the object of which is to prevent any clandes- tine removal of metal. If a piece were clipped from the edge, or if any portion were removed by filing, the fraud would be detected by the absence or irregularity of the indentations. Experience has shown that the work of coining cannot be safely intrusted to private enterprise. Between the years 1830 and 1860 there were numerous private fT 16 C >!, ning manufactories of gold coins in the United Inadmissible. States. They were situated in Georgia, North Carolina, California, Oregon, Utah, and Colorado. 1 They turned out coins of varying goodness, all purporting, how- ever, to be of the weight and fineness of the government's coins. They were not counterfeits. They did not imitate the designs on the coins of the United States. Many of them bore the names and places of business of the manufacturers. They were ingots purporting to be worth the number of dol- lars stamped on them. The value of these five-dollar pieces 1 The mint at Philadelphia has upwards of sixty specimens of private gold coins and many copper ones which circulated in the United States at one time and another. Examples of these private gold coins are shown in the frontispiece, viz. : 1. Coined by Templeton Reid of Georgia. Value about $5.00. Mr. Reid afterward removed his coining apparatus to California. 2. Bechtler Mint at Rutherfordton, N. C. Value about $4.90. 3. Letters over the figure of a beaver are the initials of the persons composing the Oregon Exchange Company. Value about $4.84. 4. Letters J. S. O. mean J. S. Ormsby, the coiner of these pieces. Value 59-37- 5. Mormon coin. Letters above the clasped hands mean Great Salt Lake City Pure Gold. Value $4.36. 6. Pike's Peak (Colorado) coin. Value not known. 7. Ingot of Moffat & Co., San Francisco. Value $16. COINAGE 23 ranged from $4.36 to $5.00. The people who took them in trade could not distinguish between them and were therefore liable to be cheated. The government did not forbid the private coining of gold until June 8, 1864. The weight of a new gold eagle, or double eagle, must not vary more than half a grain from the standard weight fixed in the law. That of the smaller gold coins must in not var y more tnan a quarter of a grain. This allowable variation is called the " tolerance of the mint." The " mint price " of gold is the amount of money which a given weight of standard gold will produce when coined. An ounce of gold nine-tenths fine will produce approximately $18.604. The fine ounce is worth $20.671. As the gold dollar contains 23.22 grains, the $20 piece con- tains 464.4 grains. The troy ounce contains 480 grains, or 15.6 grains more than $20. Then 23.22 : 100 : : 15.6 : 67.1 approximately. The mint price of gold in England is .3 17^. io$d. per ounce. This is the exact amount of money which an ounce of gold of the English standard, \^ fine, will produce by coinage. Anybody can take gold to the British mint for coinage. In order that the holders of gold need not lose time waiting to have it coined, the law requires the Bank of England to buy all the gold offered to it at the price of ^3 ijs. f)d. per ounce. The difference between this price and the mint price (i-^/.) is compensation to the Bank for interest and for the labor of weighing, assaying, etc. Coin- age in the United States is free ; that is, without expense to the depositor of gold bullion, but he is required to deposit also the alloy used in making the coins, or to pay the cost of it. We sometimes hear that the Bank of England has raised the price of gold, or is paying a premium for it. This means that its desire to obtain gold is such that it will forego a 24 EVOLUTION OF MONEY part of the \\d. Strictly speaking, there cannot be a pre- mium on gold in a country which has the single gold standard, since that would imply that one gold A ' I 74 a proclamation was issued by Queen Anne on this subject. It first stated the actual value of foreign coin circulating in America, in terms of sterling money, according to the assays of the mint. " Sevil pieces-of-eight old plate, 1 17 pennyweight 12 grains," were equal to 4^. (yd. The proclamation then says that " from and after the first day of January next no Sevil, pillar, or Mexico pieces-of-eight shall be accounted, received, taken, or paid within any of our colonies or plantations at above the rate of six shillings per piece, current money, for the dis- charge of any contracts or bargains to be made after the said first day of January next." Six shillings was consid- ered by the home government a fair average of the various colonial valuations of the Spanish dollar. This valuation came to be known everywhere by the term " proclamation money" or " proc. money." One hundred pounds sterling was the equivalent of ^133^ proclamation money. The proclamation was generally disregarded, because it interfered with the habits of the people. See- it is disregarded. . ing that the proclamation was not regarded, Parliament, in 1707, embodied it in a law and decreed a penalty of six months' imprisonment and a fine of 10 for each violation of it. This act was disregarded as com- pletely as the previous proclamation had been. Each col- ony continued to keep its accounts in its customary pounds, shillings, and pence, which were different from those of England and which differed among themselves. Thus, in New York, the Spanish dollar was rated at 8s. and in Pennsylvania at "js. 6d. 1 The word " plate " (Spanish plata, silver) is here used to signify Spanish silver money, not bullion. Old plate meant old coinage. 28 EVOLUTION OF MONEY The phrase " money of account " means the money in which people keep their accounts and in which they think. The money of account of all the American colonies was pounds, shillings, and pence, but there were no such things in circulation except a limited amount of the pine-tree coinage. The money in actual use was the Spanish dollar and its fractions, more or less clipped and abraded. The division of the dollar into one hundred parts was not made till 1792. By a law of that year Congress enacted that the money of account of the United States should be dollars, dimes, etc., but it did not become so in practice until after the Civil War. Before that era the price of merchandise, was quoted in dollars, shillings, and sixpences. RECAPITULATION Coins are pieces of metal stamped to indicate their weight, fineness, and the rate at which they shall pass in trade. Ours are of two kinds : (i) full legal tender, being pieces of gold deposited as bullion by private persons, upon which the government has put a stamp showing its weight and fine- ness ; (2) limited legal tender, or subsidiary, being small pieces of silver, nickel, or copper, made by the government from its own material, and sold to citizens for small change. The standard unit of value in the United States is the gold dollar, but, being inconveniently small, it is not now coined. The gold coins struck at the mint are the double eagle (twenty dollars) and its submultiples down to two dollars and a half. The subsidiary coins are the silver dollar (one hundred cents) and its submultiples down to one cent. 1 exceptional character of the silver dollar will be considered more fully hereafter. COINAGE 29 Seigniorage is the profit made by the government in the manufacture of coins. In the United States this profit arises from silver, nickel, and copper coins only. Coining is now universally considered an attribute of sov- ereignty. There have been times, however, when private coining was permitted, and such was the case in the United States prior to 1864. Gold coins when abraded more than one-half of one per cent are legal tender only in proportion to their weight. The " mint price of gold " is the amount of money that a given weight of gold, say one ounce, will produce when coined in accordance with law. When two kinds of money differing in actual value are equally current, the worse drives the better out of circulation, because brokers, bullion dealers, etc., select the better for hoarding, or melting, or exportation. This principle is called " Gresham's Law." AUTHORITIES Linderman's Money and Legal Tender. Muhleman's Monetary Systems of the World. Watson's History of American Coinage. Snowden's Coins in the Cabinet of the United States Mint. J evens' Money and the Mechanism of Exchange. Falkner's article on the Private Issue of Token Coins, in the Political Science Quarterly, June, 1901. CHAPTER III LEGAL TENDER ANYTHING which can be lawfully used in payment of a debt expressed in terms of money, and which creditors are required to accept, is called legal-tender currency, or simply legal tender. The principle of legal tender did not have its origin in an act of conscious legislation. The government begins, at a time when metal is circulating by weight, to certif y the wei g ht and fineness. It stamps small ingots in order to avoid the necessity of frequent weighing. This is coinage. Then people make contracts in terms of the government coinage, and the government enforces the contracts. Under Roman law the creditor was obliged to take in payment whatever the gov- ernment was coining. The origin of legal tender in the modern world is con- nected with the reestablishment of the double standard of gold and silver in Western Europe in the thirteenth century, in place of the single silver standard which previously pre- vailed. The double standard means that debts may be paid at the debtor's option with either one of two metals coined into money according to a ratio fixed b y P ublic authority -providing, for exam- pie, that one pound weight of gold shall be the equivalent in law of fifteen pounds of silver, the mints coining both metals without limit for private persons. The establishing of such a ratio was considered, from very 3 LEGAL TENDER 31 early times, an attribute of sovereignty, and in monarchical countries a prerogative of the crown. Each proclamation of the ratio was virtually a legal-tender act. Debts had to be paid in one or the other of two metals. Consequently any man, or body of men, who could fix the ratio, could decide how much of either should be paid. From the analytical point of view, a legal-tender act is nothing but an act of legal force, establishing a new defini- tion of an old term for instance, " dollar " which has been customarily used in making contracts. It is essen- tially ex post facto legislation, binding the courts to a new interpretation of existing contracts, and incidentally inflict- ing various degrees of injury on those whose position is such that they cannot take advantage of circumstances to modify existing contracts as for wages. Extreme cases may be imagined where such action might be needful in the interest of the general welfare, but with very few exceptions the passage of such an act is a subterfuge of a government for giving to itself, or to some favored class, immediate advantage over part of the community concerned. Gold and silver were made full legal tender by the Con- gress of the United States at the ratio of i to 15 in 1792. The coinage act was based upon a report of Alexander Hamilton, Secretary of the Treasury. Hamilton examined . the question of the standard with great care, and although the conclusion he reached was erroneous, it is interesting to observe how near he came to the truth. He thought that gold was better fitted to be the standard than silver because it was less liable to fluctuations of value and also because it was the standard de facto. He observed that the silver dollar of Spain in actual circulation had no standard value by weight and fineness, but circulated by tale, " very much as a mere money of convenience," whereas gold money had a fixed weight by the custom of merchants. This fixed 32 EVOLUTION OF MONEY weight was 24! grains of fine metal per dollar. 1 While this consideration favored the adoption of the single gold standard, Hamilton says that "to annul the Our First Coin- c *.!_ 1.1. . i r t t n age Act use eitner * ^e metals as money [of full legal tender] is to abridge the quantity of circu- lating medium, and is liable to all the objections which arise from a comparison of the benefits of a full with the evils of a scanty circulation." He thought also that a country could draw to itself a greater quantity of the precious metals in international trade by means of the double than of the single standard. This conception was erroneous, but it was the common belief of the time. Hamilton accordingly recommended the double standard at the ratio of 15 to i. He had not failed to note that the Spanish silver dollars in circulation were of two different coinages, varying slightly in weight. He decided to take neither of them as the exact basis of our coinage, but to take instead the average of the dollars in actual circulation. By reason of abrasion they were somewhat lighter than the new coins then issuing from the Spanish Tender ^ mints ' With these facts before him and having regard also to the market ratio of the two metals in Europe, he decided that the ratio of 15 to i would be not far from the true metallic equivalent. Taking 1 Hamilton here perceived the fact that a standard of value may exist, and have controlling force in mercantile circles, without any stat- ute law, and without any conscious action on the part of merchants themselves. The gold standard was in practical operation in his time, just as the silver standard was in operation in the colonies when tobacco and other forms of barter currency were used. The mind of the trader was fixed upon, and governed by, a standard different from the one that most commonly passed from hand to hand. In a book of merit and originality, entitled The Evolution of Modern Money (Macmillan, 1901), Mr. W. W. Carlile has traced the existence of what we may call the " latent gold standard " in Europe for a long period before gold became the avowed standard. LEGAL TENDER 33 the gold valuation of the dollar (24^ grains of pure metal) as the starting point, and multiplying by 15, the product, 37 1 grains of pure metal, was adopted for the silver dollar. The smaller coins were to be of proportionate weight and full legal tender. Congress followed these recommendations in the coinage act of 1792. The mint began to coin silver in 1794 and gold in 1795. It was supposed that there would soon be a plentiful supply of coins of both metals ; but, in order to provide for the interval while the mint was in course of erection and equip- ment, Congress passed a law making certain foreign coins, of both gold and silver, legal tender in the United States according to their weights respectively. This act was to remain in force three years after the starting of our mint and no longer, but by reason of the difficulty experienced in retaining our own coins in circulation the legal tender of foreign coins was kept in force by repeated reenactments for more than sixty years. We did not have any settled money of our own until after the passage of the act of 1853 providing for a subsidiary coinage. The first silver dollars turned out by our mint were a little lighter than new Spanish dollars, but they passed in trade for the same value, both here and in the West Indies. Brokers began to collect and export them to the Spanish colonies, where they were exchanged for Spanish dollars, and the latter were brought back for recoinage at our mint. There was a profit of one per cent in the Its Failure. operation. As coinage was free, the govern- ment was working for bullion brokers without pay, and was not accomplishing the end aimed at. It was not supplying the American people with American money. Accordingly President Jefferson, in 1806, gave an order to the mint to stop the coinage of silver dollars altogether. This order remained in force thirty years. 34 EVOLUTION OF MONEY The legal ratio of 15 to i, although pretty close to the market ratio at the time when the coinage act of 1792 was passed, did not long remain so. In 1797 the market ratio in Hamburg was 15.47. Gresham's Law asserted itself. American gold coins began to grow scarce. They were melted or exported because they were worth more for that purpose than for debt-paying at home. As early as 1817 they had entirely disappeared from circulation, although the coinage of them continued at the usual rate. In 1834 the market ratio in Hamburg was 15.73 and gold bore a premium in brokers' offices in the United States of 4^- per cent over silver. Congress had had the subject of a change of the legal ratio under consideration since 1818. In 1834 it passed the Gold Bill, so called because it was intended to bring gold again into circula- tion. The ratio adopted was approximately co[nageAct I ^ > to I- ^ e amount of pure metal in the silver dollar remained unchanged. That of the gold dollar was reduced from 24.75 grains to 23.2 grains, but was increased in 1837 to 2 3- 22 grains, at which weight of pure metal it now stands. This made the gold dollar 2 per cent less valuable than the silver one at that time. It was a debasement of the currency to that extent. There was strong opposition to the bill, on the ground that it would drive our silver coins out of circulation. Neverthe- less, the majority in favor of the bill was very large in both branches of Congress, about four to one in the House and five to one in the Senate. When the law of 1834 was parsed, the premium on gold in the market was 4^- per cent. Anybody having $100 gold could buy $104.50 silver to pay his debts with. The government had never promised to hold the market ratio of the metals steady at 1:15. This had come in the course of time to be 1:15.625. Under the new law anybody LEGAL TENDER 35 having $100 silver could buy $102 gold to pay his debts with. In other words, the standard was debased 2 per cent. The law of 1834 ought to have provided that preexisting contracts should be settled on the preexisting basis. There were no silver dollars in circulation, since the coin- age of them had been discontinued by order of President Jefferson, as already stated. As our smaller Silver coins in silver coins were of full weight, they were the United States prior to 1853. melted and exported, and their place in the circulation was taken by light-weight foreign coins, principally Spanish and Mexican. Two halves or four quarters, if new and full weight, were worth about 2 cents more than a gold dollar. Consequently they were collected by brokers and exported. But two halves, or four quarters that had lost 2 cents' worth of silver by abrasion, would circulate, because there would be no motive to melt or export them. From 1834 to 1856 the silver money of this country consisted, to a large extent, of foreign coins, more or less worn, chiefly Spanish and Mexican, but with a con- siderable sprinkling. of English, French, German, and Scan- dinavian pieces. Every merchant kept a coin-chart manual for handy reference to determine the value of these pieces as they were offered in trade. In the act of 1853 we adopted the principle of the British act of 1 816.* The debates in Congress on this bill show that it was the fixed intention of its promoters to establish the single gold standard, and that there was scarcely any opposition to the project. They failed to carry out this intention, however, since they left the silver dollar in the list of coins to be struck at the mint if anybody should choose to deposit silver bullion for that purpose. Our silver dollar was still a favorite coin in China, where it 1 See page 63. 36 EVOLUTION OF MONEY passed by weight. This was probably the reason why it was not treated like our other silver coins in the act of 1853. The silver dollar was worth four cents age Act"* 1 C in " m re than the S ld d Ilar in the bullion mar ' ket. Consequently none were to be found in circulation, although upwards of $5,600,000 were coined between 1853 and 1873. All of these must have gone to China except a few which were retained in coin collections and as curiosities. The act of 1853, however, accomplished its main object. It gave the country an abundance of new and bright half dollars, quarters, dimes, and half dimes that would stay at home and serve the purpose of small change. The weight of the half dollar was reduced about 7 per cent, /'. The & old is P reci P itated b y zinc shavings, and falls to the bottom of the box in the form of a slime. Another method of precipitating the gold is by electrolysis. A current of electricity is passed through the solution, and the gold is precipitated on GOLD AS A METAL 47 thin sheets of lead suspended in it and to which it adheres. These are melted in order to recover the gold. More recently sheets of aluminum have been used instead of lead, as the gold can be removed without injury to the sheets. The cyanide process has added largely to the productiveness of the gold fields of South Africa, and has made the accumulated tailings of past years a source of profit. It has made many mines profitable that could not be worked before. There are also many methods of extracting gold from metals associated with it, by smelting. It was the opinion of Professor Newberry twenty years ago that nine-tenths of all the gold in the possession of mankind had been obtained from placer deposits. At the present time the greater part of the annual increment is obtained from veins in rock formation. RECAPITULATION The metal gold is the common medium of exchange and measure of value among civilized peoples. It was used for purposes of ornament in the ancient world before it was used as money. It is found in detached fragments and particles in the beds of existing rivers and also of ancient ones now dry. In this situation it is called placer gold. The greater part of the metal now in the possession of mankind is placer gold. The most important agent for the recovery of placer gold is quicksilver, which dissolves it and forms an amalgam with it, the earthy matter being rejected. The quicksilver can be easily separated from the amalgam and used again. Placer gold has been detached from rock forma- tions and conveyed by running water to the places where it is found. 4 EVOLUTION OF MONEY Gold exists in rock formations in a comparatively pure state, and also in chemical combination with other sub- stances. It has been found in the United States in rocks of all geological ages. Placer gold is easily separated from the earthy matter associated with it by means of water and quicksilver. Gold in rock formation is obtained by crushing the rock and either amalgamating with quicksilver, or treating it by chlorination or cyanide of potassium, or by smelting. CHAPTER V GOLD PRODUCTION ACCORDING to the statistics of the Director of the Mint, the world's production of gold for the first half of the nine- teenth century was $787,463,000, and for the second half $6,914,679,100. The chief gold-producing countries at the beginning of the century were Mexico, Colombia, Brazil, Peru, and Buenos Ayres in the western hemisphere, and Russia and Hungary in the eastern. Small quantities were obtained also from the East Indies and from Africa. From 1801 to 1810 the average annual yield from all countries was about $12,000,000, two-thirds of which came from American mines. Revolutionary disturbances in Mexico and South America, which broke out in 1810 and continued till First Half of 1824, caused a great reduction of their out- the Nineteenth Century. P ut of both gold and silver. The world s production of gold declined to an average of $7,600,000 per year, which was not sufficient, in the opinion of Mr. William Jacob, a leading authority for that period, to supply the amount used in the arts and make good the loss by abrasion, shipwreck, and other accident. After the restoration of peace in those countries there was a gradual gain in their production of gold. That of Russia increased also, her average output from 1837 to 1848 being $12,500,000 per year, or more than that of the whole world at the beginning of the century. The details of production 49 50 EVOLUTION OF MONEY for the first half of the century, as computed by the Director of the Mint, are the following : ANNUAL TOTAL FOR PERIOD AVERAGE PERIOD 1801-1810 $11,815,000 $118,152,000 1811-1820 7,6o6,OOO 76,063,000 1821-1830 9,448,000 94,479,000 1831-1840 13,484,000 134,841,000 1841-1850 36,393,000 363,928,000 Half century .... $15,749,200 $787,463,000 On the igth of January, 1848, James Wilson Marshall found a small lump of gold in the tail-race of Sutler's saw- mill in El Dorado County, California. This discovery led to a search in the bed of the stream and in the adjoining ground, which was found to contain rich deposits of the precious metal. The news spread like wildfire through- out California and the Pacific coast of North and South America, and later to the Atlantic States, and all civilized countries, leading to a great immigration of gold-hunters. The production of the metal in California alone in 1850 was $36,000,000, being equal to the annual average of the whole world during the preceding decade. It reached $56,000,000 in 1851. In the latter year a similar discovery of placer 'gold was made in New South Wales, Australia, followed by a still more important one in the colony of Victoria. These dis- coveries were also attended by public excitement and heavy immigration. The production of gold in Australia and New Zealand rose to $65,000,000 in 1854. Concurrently with these discoveries, there was a considerable increase of production in Russia, which reached $25,000,000 per annum. The next great discovery of the precious metals was that of the Comstock lode in Nevada. This is a fissure vein GOLD PRODUCTION 51 four miles long in rock of the Tertiary age. It is situated at the base of Mount Davidson in the Virginia range, an offshoot of the Sierra Nevada. In the central part of the fissure its width is about 3000 feet. The gangue, or vein- stone, is quartz, not uniformly distributed in 0( ^ e Oi the fissure, but coagulated in large bodies called " bonanzas." The magnitude of this deposit may be inferred from the fact that, since 1861, when it was first worked scientifically, it has yielded $350,000,000 of bullion, and that 190 miles of shafts and galleries have been excavated in it. Forty per cent of the bullion produced was gold and 60 per cent silver. In 1882 the richest ore bodies of the Comstock lode had been exhausted, and the annual yield had fallen to $1,333,000, from which point, however, there was a recovery to $7,000,000 in 1887, due to the working of low-grade ores that had been previously neglected. In the meantime (in 1884) a discovery had been made in South Africa that was destined to surpass in magnitude the Comstock and every other deposit of the South Africa. precious metals that the world had ever seen. This was in the Witwatersrand of the Transvaal. Here the country rock is a bed of sandstone, interlaminated with deposits of conglomerate, which the Dutch call "banket." This conglomerate carries the gold, the average being ten pennyweights per ton of material. Borings to the depth of 3500 feet have found the gold-bearing reef undiminished. The outcroppings of the reef have been traced for a dis- tance of forty miles. The production of the Transvaal in 1898 was $78,070,761. There was an interruption of the working of the Rand mines in the latter part of 1899 and in 1900 by reason of the war with Great Britain. In the latter year the production fell to less than $10,000,000, but after the war it rose, in 1903, to $59,000,000, notwithstanding a 52 EVOLUTION OF MONEY great scarcity of labor in South Africa. There are other deposits of gold in the Transvaal and in Rhodesia, which may prove to be important. One of the most surprising discoveries of modern times is that of the gold placers of the Klondike in the Yukon territory of Canada. These are deposits underneath ground which is perpetually frozen. The method of The Klondike. . , , obtaining the gold is by sinking a shaft through the frozen ground by means of hot bowlders. Then a drift is run by building a fire against the face of the ground. The gravel is thrown, out and left till summer, when it thaws and is washed by panning. All the gravel thrown out by two men in eight months of winter can be washed in two months of summer. Of course these deposits must have been laid down at a time when the climate of that region was much warmer than it is now. The output of the Klondike reached its maximum (about $21,000,000) in the year 1900, that of Canada entire being slightly under $28,000,000. There has been a gradual decline since that time, the production of Canada falling in 1903 to $19,500,000. Placer beds similar to those of the Klon- dike exist at Cape Nome, Alaska. The yield of these beds reached $5,000,000 in 1900, and the output now shows a yearly increase. The most important gold-bearing district in the United States now is that of Cripple Creek, Colorado. The ore at this place is a telluride known to mineralogists as calaverite - The country rock (says Mr. Philip Argall in Mineral Industry} is altered andesite, granite, or phonolite, containing thinly disseminated iron pyrites and tellurium minerals. At or near the surface the tellurium is oxidized, and the gold, when visible, exists as an ochre-like powder, " mustard gold." By roasting, the tellurium is oxidized and the gold set free in the metallic GOLD PRODUCTION 53 state easily soluble by cyanide or chlorination. The yield of Cripple Creek and the adjoining territory was curtailed in the year 1903 to the extent of $6,000,000 by labor troubles. In recent years there has been a remarkable increase of the yield of Australia, which rose to nearly $89,000,000 in 1903, the increase being due chiefly to new workings in West Australia, which now furnishes one-half of the entire output of Australasia. Statistics of the world's production of gold fhece d nfu a ry f in the second half of the century, as pub- lished in annual reports of the Director of the Mint, are as follows : ANNUAL TOTAL OF PERIOD AVERAGE PERIOD 1851-1855 $132,513,000 $662,566,000 1856-1860 134,083,000 670,415,000 1861-1865 122,989,000 614,944,000 1866-1870 129,614,000 648,071,000 1871-1875 115,577,000 577,883,000 1876-1880 114,586,000 572,391,000 1881-1885 99,116,000 495,582,000 1886-1890 112,895,000 564,474,000 1891-1895 162,947,000 814,736,000 Forty-five years . . . $124,892,000 $5,621,602,000 Single Years : 1896 $202,251,600 1897 238,812,000 1898 287,428,600 1899 306,584,900 1900 (estimated) 258,000,000 Second half century $6,914,679,100 First half century 787,463,000 Century $7,702,142,100 Probably 10 per cent of the world's gold production escapes the notice of statisticians altogether. 54 EVOLUTION OF MONEY The world's production of gold during the first six years of the present century has been computed by the Director of the Mint as follows : 1901 ... $263,374,000 1905 . . . $377,647,700 1902 . . . 298,452,000 1906 . . . 400,342,100 1903 . . . 328,540,000 Total . 52(OI5i733)000 1904 ... 347,377,200 The production of the year 1906 came from the following named sources : Africa . . . $135,472,500 Mexico . . $18,534,700 United States 94,373,800 Canada . . 12,023,900 Australia . . 82,391,400 British India . 12,087,700 Russia . . . 19,494,700 All other . . 25,963,400 Total . . $400,342,100 The production of the United States came from the fol- lowing named sources : Colorado . . . $22,934,400 Montana . . . $4,522,000 Alaska. . . . 21,365,100 Arizona . . . 2,691,300 California . . 18,832,900 Oregon . . . 1,320,100 Nevada . . . 9,278,600 Idaho .... 1,035,700 South Dakota . 6,604,900 All other . . 657,900 Utah . . . 5,130,900 Total _ The amount of gold in various forms in Europe and America in 1848 was estimated by Tooke & Newmarch (History of Prices, VI, 230) at $2,800,000,000, and of silver at $4,000,000,000, both metals being then available as money. These figures have been criticised by other statis- ticians as being too high, but we cannot hope for accuracy in a case where the data are so obscure and uncertain. To this mass, whether greater or less, there was added in the next twenty years $2,000,000,000 of gold and $680,000,000 of silver. It was the opinion of Cairnes and Jevons of England, of Levasseur of France, and of Soetbeer of Germany, eminent GOLD PRODUCTION 55 economists and statisticians of the last half century, that the great output of gold in the fifties and sixties had caused an average increase of the prices of commod- G^d'on'pricr ^ es e( l ua ^ to aDOUt 20 per cent. In some cases the increase was greater than the aver- age, in others less, and in still others it counteracted a decline of price which would ordinarily have taken place by reason of new inventions and improved processes of pro- duction. The four authorities named, working independ- ently of each other, reached this opinion about thirty years ago, and it may be accepted as one of the established facts of statistical science. The way in which new supplies of gold operate on prices will now be considered. The essential quality of gold is that it constitutes purchasing power. It is per se a demand for goods. People do not mark up the prices of the things they offer for sale merely because new gold mines have been discovered, however rich they may be. If a portion of the community (gold miners or others) should find two dollars in their pockets where there had been only one dollar before, prices would not rise in consequence merely of that fact. Tradesmen would ask the same prices for their wares, laborers would work for the same wages as before, buyers would expect to receive the same quantities of goods for a dollar as before. But the possession of double the quantity of money by the fortunate persons would double their demand for goods, and this increase of demand would cause an advance of prices. The attempt to supply the demand would call for more labor and cause an advance of wages. Then the advance of wages would enable the wage-earners to improve their style of living by buying more goods, and there would be a further advance in prices unless it should be counter- acted by new facilities of production and transportation. 56 EVOLUTION OF MONEY It was in this Way that the new supplies of gold operated to cause the advance of both prices and wages in the twenty years succeeding the great gold discoveries of Cali- fornia and Australia. The community was not made richer by using two dollars instead of one to transact a given amount of business, but an advantage was given, as Profes- sor Cairnes showed at the time, to wage-earners over rentiers and others having fixed incomes. The former had steadier employment and better pay, and a fairer chance to rise in the world, while the latter were obliged to pay higher prices for consumable goods without any enlargement of their income. Another fact shown by the foregoing statistical tables is that the production of gold in the second half of the century reached a minimum in the period 1881-1885, the average annual output being less than $100,000,000, and that soon afterwards an extraordinary increase took place. In the last decade, 1891-1900, the production was more than twice as great as that of the first decade, 1851-1860. Why has not the same effect on prices been noticed as was observed after the great output of California and Australia? There has been some advance in prices during recent years, which may be fairly attributed to the new supples of gold. The counteracting forces of new inventions and facilities of production and transportation, and the bringing of new land under cultivation, have been very active and potent during this time. Yet it is difficult to escape the conviction that we are on the eve of another period of advancing prices, due to the great outpour of gold described above, which seems likely to continue and increase for some years. In a recent monograph 1 Professor Kemmerer of Cornell 1 Money and Credit Instruments in their Relation to General Prices, by Edwin Walter Kemmerer, New York, 1907. GOLD PRODUCTION 57 University, has sought to prove by the trade and labor sta- tistics of the period 1879-1904 that general prices in the \ commercial world vary inversely with the quantity of money in use. This is called the quantity theory of mone y- Jt ^HZPtStejp 68 rise as the quantity of money falls, and vice versa, pro- vided that other things are equal. Thus stated, it is generally accepted by economists. But the other things assumed to be equal to-day may not be so to-morrow. Among them must be reckoned the rapidity of the circulation, the pro- gress of invention, the vicissitudes of the crops, peace and war among nations, banking facilities, and the state of busi- ness confidence or depression. Professor Kemmerer reckons bank checks, and all other credit instruments which perform the office of money, as real money for the purposes of his argument. He attacks the problem with mathematical for- mulae where few critics will have patience to follow him. One such (Professor Persons of Dartmouth College) has sought to do so, and his conclusion is that "whatever may be the fact, the statistics presented by Kemmerer do not demonstrate that general prices move in sympathy with rela- tive circulation." In his opinion the statistics available are not adequate to answer the problem. 1 The amount of gold coin and bullion in the United States June 30, 1907, was given in the Mint Report as $1,466,- 056,632. RECAPITULATION The production of gold in the first half of the nineteenth century was little more than sufficient to supply the amount used in the arts and to make good the losses from abra- sion and accident. About the middle of the century there was a great increase, due to discoveries of placer mines in 1 " The Quantity Theory, as tested by Dr. Kemmerer," by Warren M. Persons, Quarterly Journal of Economics, February, 1908. 58 EVOLUTION OF MONEY California and Australia. The annual production of the world was quadrupled. Ten years later the Comstock lode of Nevada began to yield large amounts of the precious metals, $350,000,000 having been taken from it in about twenty years, 40 per cent of which was gold. In 1884 the greatest discovery of gold the world has ever known was made in the Transvaal republic of South Africa. These mines, although yet in their infancy, have yielded $78,000,000 in a single year. Discoveries only second in importance to those of South Africa were made in the last decade of the century in the Klondike region of Canada, in Alaska, in Cripple Creek, Colorado, and in West Australia. The world's gold production in the second half of the century was nine times as great as during the first half. That of the whole century was nearly eight thousand millions of dollars. The new supplies of the mid-century caused an average advance in the prices of commodities of about 20 per cent. As gold is purchasing power, new supplies of it constitute new demand for goods. Prices rise in consequence ; first, in the mining districts, then gradually throughout the civil- ized world. The new demand calls for more labor and leads to an increase of wages. The wage-earners are ena- bled to buy more goods, and this causes a further advance of prices. A redistribution of earnings takes place to the advantage of the producing classes and to the disadvan- tage of those having fixed incomes. Prices of commodities follow the law of supply and demand in this case as in others. The new supplies of gold in the last decade of the nine- teenth century and in the first decade of the twentieth appear to have caused an advance of prices. GOLD PRODUCTION 59 AUTHORITIES FOR CHAPTERS IV AND V Jacob's The Precious Metals. Cairnes' Essays in Political Economy (" The Gold Question "). Jevons' " On the Variation of Prices and the Valuation of the Currency since 1787," in the Journal of the Statistical Society of London, June, 1865. Tooke and Newmarch's History of Prices, Vol. VI. Lock's Gold, Its Occurrence and Extraction. Percy's Metallurgy, Silver and Gold. Phillips and Louis' On Ore Deposits. Rothwell's Mineral Industry (annual). CHAPTER VI THE GOLD STANDARD SPEAKING broadly, it may be said that the ancient world had the double standard of silver and gold ; that the single silver standard prevailed during the Middle Ages, from the seventh century to the thirteenth ; that the double standard was then reintroduced and prevailed in Europe and America till the beginning of the nineteenth century, and that it has now been superseded by the single gold standard. The gold florin, first coined by the city of Florence about the year 1252, was introduced to meet the needs of the growing commerce of the Italian republics. The conven- ience of gold in making large payments had been observed by the crusaders at Byzantium. The idea of a gold cur- rency was brought back in this way to Western Europe, from which it had disappeared long before in the penury of the dark ages. Gold thus became an addition to, not a substitute for, silver money, and thus the double standard was reestablished. The market values of the two metals, gold and silver, are subject to the law of supply and demand like other com- modities ; they are liable to change of value with reference to each other. Sixteen pounds of silver may Market Values b e WO rth more than one pound of gold to- of the Precious Metals. day, and less at another day. One of them may be in greater demand in India than in England, and so on. There are persons in every com- munity (bankers, brokers, and bullion dealers) who seek to 60 THE GOLD STANDARD 6l make a profit out of these changes by exporting or melting coins. Theirs is a perfectly proper vocation, as legitimate as the getting of gain from any mercantile transaction, yet it has been held in great opprobrium at some periods in the world's history, has bee'h treated as a crime, and severe laws have been passed to punish persons guilty of it. The community was put to inconvenience by finding either gold or silver coins growing scarce in the circulation. These were called "coins of the realm." They were regarded as belonging in a peculiar sense to the country whose stamp they bore, whereas they were the exclusive property of individuals, who had the same right to dispose of them as of their sheep or oxen. The enactments in various coun- tries against trading in the precious metals, and especially against exporting or melting them, form a remarkable chapter of human fatuity and folly. It was impossible to execute the laws passed for this purpose. A remedy for the alternate drains of gold and silver was accordingly sought by changing the legal ratio. " In France," says Mr. W. A. Shaw, 1 " the ratio of gold to silver was changed in a single century more than one hundred and fifty times." To enumerate all the changes of ratio that took place in Europe from the middle of the thirteenth century to the beginning of the nineteenth would be a hopeless undertaking. The true solution of these difficulties was first reached in England. This country had had her share of the loss and vexation due to changes of the ratio. "^ ne ^ a< ^ a ^ so v ^ s ^ te( l crue ^ punishments on individuals for melting and exporting the precious metals. All attempts to enforce these foolish laws were eventually abandoned, and it came to pass in the reign of Charles II that the guinea of gold, although proclaimed by royal authority to be the equivalent of 2os. in silver, 1 History of Currency, p. 31. 62 EVOLUTION OF MONEY passed in trade for 2 is., and no attempt was made by the government to interfere. The guinea remained as a trade coin till the third year of George I (1717), when another proclamation was issued making it legally equal to 2 is., at which figure the ratio to silver was about 15 to i. As gold was slightly overrated at the ratio of 15^, there was a tendency to export silver; and for this purpose the full-weight coins were selected. So it came about in the course of half a century that the only silver coins remaining in circulation were those which had been much reduced in weight by abrasion or by fraudulent clipping. The evil became so intolerable that Parliament, in 1774, passed a law providing that silver coin should not be legal tender for more than ^"25 in one payment, except by weight at the rate of 5-$-. 2d. per ounce. It was enacted at the same time that gold coins deficient in weight should be called in and recoined, and that thereafter such coins, if under a certain weight, should not be legal tender at all. The restriction of the legal tender of silver was to continue two years. The expectation of Parlia- ment was that some effectual and permanent steps would be taken to deal with the evil of light coins in that inter- val, but since nothing was done, the act of 1774 was renewed in 1776 for two years more. In 1778 it was renewed for seven years, and then by repeated renewals it was carried forward to 1798. Another clause was now added that no more silver should be coined at the mint for private persons. The significance of this legislation was not perceived at the time. It had not been the intention of Parliament to establish the single gold standard. The ques- tion of standard was not under consideration t>tep. at all. What Parliament did in 1774 was: (i) to put the gold coin in a state of perfection by recoining THE GOLD STANDARD 63 the defective pieces and making light coins unavailable in payments thereafter; (2) to limit the legal-tender faculty of the silver money then in circulation. The mint was still open, and anybody could have silver bullion coined into money of full weight and full legal tender. But since silver was undervalued at the ratio of 15^, nobody would take it to the mint. Thus all the conditions of the single gold standard were in practical operation without any fixed inten- tion of Parliament to bring it about, or any knowledge that it had been done. 1 It was noticed, however, that the inconveniences of a shifting ratio had disappeared. There was plenty of gold money for large transactions and of silver money for small ones. Although the silver coins were deficient in weight, they answered the purposes of small change. After the experience of a quarter of a century, Parliament and people were convinced that the act of 1774, although adopted as a temporary measure, ought to be made permanent. Accordingly it was made so in 1799. Yet it was not until 1816 that the true philosophy of the step was well enough understood to secure its enactment into a settled law. In that year it was enacted that the gold coin of the realm, when of full weight, should be full legal tender and should be coined for pri- vate persons to any amount, and that silver coin should not be legal tender for more than 40^. in one payment, and should be coined only on government account and should 1 " The fact that a change in the monetary standard of the country, while it was in actual process of accomplishment under their eyes, could have escaped the recognition of contemporary observers, seems at first sight to be of so marvelous a character as to pass the bounds of belief. Yet that it was a fact is beyond all question." CARLILE'S Evolution of Modern Money, p. 18. The truth was pointed out by Lord Liverpool in 1805 and Mr. Carlile properly calls it "a genuine stroke of genius" on his part. 64 EVOLUTION OF MONEY be reduced in weight 6 per cent. This law, which estab- lished the single gold standard, remains in force to the present d,ay. In 1853 the United States followed the example of Great Britain, by reducing the weight of its silver coins smaller than $1.00 and making them legal tender 01 - onl y 5.o in one payment. The states- men who passed this law supposed that they were adopting the single gold standard, but this was not legally accomplished until 1873, as has been explained in Chapter III. The kingdom of Portugal adopted the single gold standard in 1854. In the year 1857 the states composing the German Zoll- verein and the empire of Austria entered into a monetary treaty by which they adopted the single silver Germany" f standard. The treaty provided that any of the contracting states might coin gold crowns and half crowns to circulate at their market value. It was expressly stipulated that these should not be legal tender. They might be received at the public treasuries, however, at rates to be fixed by the respective governments at least once every six months, but the rate should not be higher than the average commercial rate for the preceding six months. The official rate might be changed oftener if the market rate should make such change necessary. It happened at this time that France was importing gold and exporting silver on a very large scale. As the market ratio was now 15.27 and the legal ratio 15.50, there was a profit to bullion dealers of i per cent in the traffic. The gold crowns of Germany were drawn to Paris as fast as they came from the mints, and the country was left with silver coins only for her domestic trade. These were so bulky and inconvenient that they were largely supplanted by THE GOLD STANDARD 65 issues of bank notes which were subject to varying rates of discount in different cities and states. This condition was considerably aggravated by the heterogeneous- Act of 1871. ness of the silver coins of the several states thalers, marks, florins, gulden, kreutzers, etc. There was a very general demand for a uniform system of coins ; and, when the question was brought up for solution after the consolidation of the German Empire, it was decided by the government to make gold the standard, with a silver sub- sidiary currency in other words, to adopt the English system. The first bill for this purpose became a law December 4, 1871. It discontinued the coinage of silver except for the government. It provided for the coinage of ten-mark pieces of gold (equal to $2.38), of which 139^ should contain one pound of pure metal ; also twenty-mark pieces of double the weight ; and all gold coins were made unlimited legal tender. For the purpose of settling preex- isting contracts and of exchanging gold for silver coins, it established the ratio of 15^, which was the market ratio at the time. Provision was made for calling in and melting the outstanding silver money and exchanging gold for it out of the funds in the Imperial Treasury practically the French war indemnity. Another law containing further details was passed July Q, 187^?. This law definitely Act of 1873. established the gold standard and provided a new subsidiary coinage based upon the silver mark, which should be legal tender for only twenty marks in one pay- ment. It was provided that the old thalers (three-mark pieces) should be full legal tender as long as they should remain in circulation. Under the law for taking in and melting the old silver coins upwards of 7,000,000 pounds weight of fine silver were sold in the open market between 1873 and 1879. The price of silver declined ^d. per ounce during that time. The sales were then suspended, 66 EVOLUTION OF MONEY leaving 339,000 pounds of silver bullion in the Imperial Treasury. An order was issued in the year 1900 to convert the residue of bullion into silver subsidiary coins during the next ten years. There are still in circula- tion in Germany about 125,000,000 of silver thalers, or three-mark pieces, which are full legal tender. They occupy the same position as our silver dollars and the French five-franc pieces. The Imperial Bank, or any other bank in Germany, can pay them out at par in liqui- dation of all claims against them. While this condition exists Germany cannot be considered strictly on the gold basis. There was a brief bimetallist revival in Germany in 1894-96. It grew out of the low price of grain, which was erroneously ascribed by the landowners, or Agrarian party, to the demonetization of silver. Chancellor Caprivi so far yielded to the demands of this party as to authorize a commission to investigate the question. It consisted of six- teen members, and it held twenty-one sessions and took a large amount of testimony, but came to no resolution whatever. Soon after this com- mission came to an end Chancellor Caprivi retired from office and was succeeded by Prince Hohenlohe. Thereupon the Agrarians in the Reichstag started up afresh and on the i6th of February, 1895, prepared a motion asking the government to take the initiative in calling a new inter- national monetary conference. This motion was supported by a large majority of the Reichstag, and the government somewhat reluctantly referred it to the Bundesrath, whose consent was necessary. Nearly a year was consumed in the deliberations of the several states composing the Bund. On the 1 6th of February, 1896, Prince Hohenlohe announced that the German states had unanimously rejected the motion to convoke an international monetary conference. THE GOLD STANDARD In 1874 Sweden and Norway followed the example of Germany by adopting the gold standard, and Holland did the same in 1875. At the beginning of the nineteenth century France had the double standard at the ratio of 15^. This ratio had been adopted in 1785, at the instance of French Monetary Calonne Comptroller-General. The Revolu- Law of 1803. tion came on and the monetary system was plunged in chaos by issues of irredeemable paper so vast that they could only be cleared off by repudiation. Then the statesmen of the republic passed the coinage law of 1803, intending to establish the single standard of silver. The law began with a general provision that five grams of silver -^ fine should constitute the monetary unit bearing the name of the franc. The measure was before the legis- lative body three years. Eight reports were made upon it, the point in controversy being the various methods proposed for utilizing gold in the currency while making silver the sole standard. No decision was ever reached on this point, but at the last moment a clause was added to the bill pro- viding that gold pieces of 20 francs should be coined at the rate of 155 to the kilogram. Under this law five grams of silver would constitute i franc, and five grams of gold 15^ francs. The debates and reports show that there was a general understanding that if the market ratio should change so as to make a recoinage necessary, the gold should be recoined and the silver franc kept as the invari- able measure of value. There was nothing on the subject of legal tender in the law, but since all debts were payable in francs, and since two kinds of francs were authorized to be coined, the law really established the double standard at the ratio of 15^-, which ratio already existed by virtue of the law of 1785. It has been frequently asserted that the French law of 68 EVOLUTION OF MONEY 1803 kept the market ratio of the two metals steady at the legal ratio, i.e., at 15^-, until 1873. This is an entire mis- take. There were only six years in the seventy in which the market ratio was approximately 15^.' These were 1806, 1807, 1811, 1820, 1851, and 1867. In 1821 Did not keep the g O \d money had nearly disappeared from Market Ratio / , ,* steady. .trance and the circulation consisted of silver exclusively, and so continued until 1851, when the great outflow of gold from California and Australia cheapened that metal, putting the market ratio below 15^-. The ratio remained below 15^ till 1867. During that inter- val France imported gold to the amount of $600,000,000, and exported so much of her silver to India that she suffered inconvenience for the want of small change. She was com- pelled to coin gold pieces as small as five francs. The government attempted at first to adopt the English system of subsidiary silver coins, limiting their legal-tender faculty to fifty francs in one payment. Accordingly in 1864 it brought before the Corps Legislatif a bill lowering the fine- ness of the coins smaller than five francs to ^Vo' tnus reducing their value about 7 per cent. The next step taken was the formation of the Latin Monetary Union. This was an attempt, beginning in the year 1865, to estab- lish uniform coinage on a bimetallic basis, with concurrent circulation, by treaty among four European countries (France, Belgium, Switzerland, and Italy), in which bimetallism already prevailed. The union proved to be an embarrassment to all the nations concerned, and resulted in the Moneteryunion. ad P tion of the sin g le S old standard by all of them in succession. This change was adopted by simply discontinuing the coinage of silver for private indi- viduals and limiting it to subsidiary coins struck on govern- ment account. The union still exists, but it has been a source of trouble, waste, and loss to all the countries so united. tHE GOLD STANDARD 69 Under the treaty of 1857 with the states of the German Zollverein the single silver standard prevailed in Austria- Hungary, but the currency in actual use was Austria-Hungary. . irredeemable paper. The monetary unit was the silver florin, the normal value of which was 45.3 cents of our money. In 1879, in consequence of the heavy decline in the price of silver, the government gave orders to the mints in both Austria and Hungary to receive no more of that metal from private individuals for coinage. The effect of this order was to make government paper money the standard, and this paper varied somewhat from day to day in comparison with gold, but it no longer followed the down- ward course of silver. The paper florin was worth in 1879 about 42 cents. In 1892, before the currency reform wa * adopted, it was worth 41 cents. If it had kept pace with the decline of silver, it would have been worth only 30 cents. Austria had a gold coinage at this time, but it was not legal tender. In 1892 she decided to resume specie payments in gold. She first fixed a ratio at which all paper money and paper obliga- tions should be redeemable. The ratio decided upon was 119 paper to 100 gold, as this had been the average ratio prevailing in the market during the thirteen years from 1879 to 1892. The next step taken was to pass a coinage law. The krone (crown) of gold was made the monetary unit, con- taining 4.7 grains of fine gold, the ten-crown piece being worth $2.026 of our money. Silver was to be operand! 18 coined only for the government and to be legal tender for fifty crowns. The government was authorized to borrow gold sufficient to redeem its outstand- ing notes amounting to 312,000,000 florins. Gold to the amount of 112,000,000 florins was borrowed, and this, to- gether with some reserves in the Treasury, was applied to 7O EVOLUTION OF MONEY the purpose of retiring 200,000,000 of the notes. The method adopted was not direct redemption. The govern- ment deposited the gold in the Austro-Hungarian Bank and redeemed its own notes partly with bank notes and partly with new silver money which was needed to replace the small notes thus retired. In this way 200,000,000 florins of old notes were withdrawn and canceled before the end of the year 1897, leaving only 112,000,000 outstanding. When this was 'accomplished the value of the paper florin became very nearly equal to gold of the new standard. There is now no premium on gold in Austria-Hungary. After many struggles with the double standard the single standard of silver was established in British India in the year 1835, the unit of value being the rupee. Prior to 1873 this coin was worth about is. io4W., but was British India. * usually reckoned as the equivalent of 2s., or 48 cents, the price of silver being about 6o f ,46,000 Connecticut bills authorized for this purpose between 1713 and 1732, ^"29,885 went to the pay- ment of colony debts. In this case the General Court did not wait to see what margin would be left after replacing the old and worn bills, but dipped into the reservoir to meet current charges. Similarly, Maryland once issued bills of credit as a sheer gift to a portion of the inhabitants, "the taxables." Reports were made from time to time to the home govern- ment, in response to inquiries as to the amount of bills outstanding. Often these were ingeniously prepared to convey false impressions. To avoid discovery the New York Assembly repealed all safeguards against the reissuing 84 GOVERNMENT PAPER MONEY of bills of credit that had been redeemed. When the governor disallowed the act the treasurer reissued the bills nevertheless. The governor so reported to False Reports. the Lords of 1 rade, and added that the treas- urer refused to let him know the amount of bills outstanding when requested to do so. In addition to legal-tender acts, there was a great variety of laws to compel people to sell their property at the same price for bills of credit as for silver. The "debtor class" were not satisfied with forcing depreciated paper upon creditors for past obligations, but insisted Forcing Laws. 1,11, that they ought to be able to buy as much property with the paper as with specie. Those who had been forced to take the paper for past debts naturally joined in this demand, and the legislatures agreed with them. Hence we find in nearly all the colonies severe penalties on those who charged more for their goods, lands, or services in bills of credit than in money. In some cases the penalty was a fine, in others imprisonment, in others confiscation of the property offered. The usual course of events where bills of credit were issued was as follows : (i) emission ; (2) disappearance of specie ; (3) counterfeiting; (4) wearing out of bills 5 (S> callin g in and replacing worn and counterfeited issues with new ones ; (6) extending the time for old ones to run, especially those which had been placed on loan ; (7) depreciation ; (8) repudi- ation of early issues in part and the emission of others, called " new tenor." Dr. Douglass says that Massachusetts had at one time "old tenor, middle tenor, new tenor first, new tenor second." Rhode Island had an indefinite number of tenors. In all cases, except where the bills were placed on loan, taxes were laid to sink them at some time, near or remote. COLONIAL BILLS OF CREDIT 85 This was necessary to give them any credit at all, but it was very easy to extend the time. Consequently postpone- ments were frequent. When Parliament took hold of the sub J ect it: prohibited all extensions and deprived the bills of their legal-tender character after the allotted time had expired. This was regarded as" a great grievance. The New York Legislature even resolved that bills not tenderable were useless. Counterfeiting and wearing out were invariable and very trying evils. The former was punishable with death in all the colonies except one or two, Bronson says in all except Connecticut, but, although there were many convictions, the extreme penalty was hardly ever enforced. The expul- sion of specie which followed after the first emission of bills of credit usually left the people without Counterfeiting. ' *. . small change. I hen the practice of halving and quartering the bills came into vogue, and this opened a new door to fraud. The counterfeiters halved and quartered their own bills and united the parts to the corre- sponding parts of genuine ones and sometimes attached the half of a five-pound note to the half of a ten. There was, indeed, no end to their tricks. Some bills of small denomi- nations circulated after they were known to be counterfeit, because there was no other small change. Worn-out bills likewise were an ever-recurring nuisance. All sorts of opprobrious epithets were heaped upon them. They were called, in various statutes, old, worn, torn, tat- tered, shattered, ragged, mutilated, defaced, obliterated, illegible, and "unfit to pass." The depreciation of the colonial bills varied in the differ- ent colonies. In Massachusetts the maximum depreciation was ii for i (the standard being "proclamation money"). In Connecticut it was 8 for i. In 1763 the value of the New Hampshire shilling was a little less than a half-penny; in 86 GOVERNMENT PAPER MONEY 1771 it vanished altogether. Rhode Island old-tenor bills in 1770 were worth 26 for i. Those of North Carolina were 10 for i ; of South Carolina, 7 for i. The Depreciation. ,.,,,, ,, , bills of the middle colonies were kept within reasonable bounds, a result due mainly to the stubborn- ness of their governors in resisting the legislatures and keeping the issues of bills within limits. The maximum depreciation in New York was only 25 per cent, in com- parison with proclamation money. The pamphlets and records of the colonial period are filled with accounts of the distress and demoralization caused by depreciated paper made legal tender. As all loans were so payable, the accumulations of age and the inheritances of orphans dwindled. So, too, did the earn- Swindling. ings of the wage-worker. In order to avoid the losses from a depreciating standard of value, resort was had by workingmen to " store pay," and here they were gen- erally cheated. Trustees and executors who had money in their hands which belonged to other people, and who saw how things were going, often postponed payment on frivo- lous pretexts, since each delay enabled them to settle their accounts with less value, thus " devouring widows' houses." Not only was bad blood stirred up by the Mob Law. resistance of the royal governors, but a spirit of lawlessness was engendered against the local assemblies if they showed a disposition to resist the demands of the greenbackers of that day. Even after the Revolution the Legislature of New Hampshire was mobbed because it refused to issue legal-tender bills. One of the demands of Shays' rebellion in Massachusetts was for more paper money. In Rhode Island after the Revolution a general Repudiation. . . system of repudiation of debts, public and private, was undertaken and carried through by means of legal-tender paper, in spite of the decisions of her courts. COLONIAL BILLS OF CREDIT 87 Now it may be asked what happened when colonial bills of credit were issued as loans to private individuals. What the borrowers wanted was circulating capital. They bor- rowed the bills in order to spend them for store g ods > provisions, building materials, labor, etc. The wages they paid to laborers were expended for store goods, provisions, etc. ; so we may say that the borrowers of the bills of credit aimed to get control of the useful things that were on sale in the com- munity, and that they succeeded in doing so. Now, whether the bills depreciated or not, it is evident that the borrowers got an advantage over their neighbors, because they obtained control of this circulating capital at lower rates than others had to pay. This was precisely the reason why they wanted the loan bills to be issued. If they could have borrowed at the same rate in the open market, there would have been no reason for borrowing from the gov- ernment. But the injustice did not stop there. What- ever they took out of the loan market in this way caused a scarcity, and a rise of the rate of interest, for other bor- rowers. One of the most observing pamphleteers of the day tells us that the rate of interest on "natural loans" always advanced after a public loan. This was due in part to the withdrawal of loanable capital, and in part to the fear of lenders that the bills would depreciate in consequence of the new emission. Most commonly they did depreciate. The borrowers were for the most part land- Landowners 7 owners. Only two kinds of security were , allowed by law, land and bullion. Very little bullion was ever offered at the loan offices. The land- owners controlled the legislative assemblies everywhere. Thus the emission of bills of credit on loan was, in effect, a conspiracy of needy landowners against the rest of the community. 88 GOVERNMENT PAPER MONEY RECAPITULATION Most frequently the issue of legal-tender notes has its beginning in an emergency of war; when the government finds itself unable to meet its obligations with money, or hopes to escape paying the rate of interest demanded for loans. Such paper is usually put in circulation by the govern- ment paying it to its creditors as the equivalent of specie, and authorizing them to pay it to their creditors, and so on. Such were the conditions under which colonial bills of credit were first issued in this country. Afterwards the practice of issuing them for the ordinary expenses of govern- ment was adopted, and still later the colonies issued such bills as loans to private individuals. In all cases the bills depreciated more or less. In some instances their value fell to zero and they were repudiated in whole or in part. In others the depreciated bills were followed by fresh issues called " new tenor," which depre- ciated in like manner, and were succeeded by third and fourth " tenors," which took the same downward course. This teaches us that a popular government, when once started after the ignis fatuus of irredeemable paper, cannot readily stop itself. The effect of a depreciating currency is similar to that of clipped coin. If all the money in the country were metallic, if each man, upon receiving a piece, should be privileged to shave off one per cent before passing it, and if the law required everybody to accept the remainder at its face value, the consequences would be like those which followed the emission of colonial bills of credit. In the course of time the whole coinage would be reduced to a fraction of its original weight. If the rulers of the people should then decree that the pieces should pass only for their metallic COLONIAL BILLS OF CREDIT 89 value, and that new coins should be struck at the mint of full weight, but that clipping might go on as before, we should have old tenor and new tenor just as they had in New England in the eighteenth century. There is one difference, however, in favor of clipped coin. Nobody loses anything by merely holding it. Nobody can shave off any part of it except the owner. In the case of a depreciating currency, the longer one keeps it the more he loses. The colonial bills of credit were always made receivable for taxes. Generally the laws provided that they should be sunk by taxes within a specified time, meaning that they should all be taken in by taxation or redeemed with the proceeds thereof, within the specified' time, and then be canceled. If these provisions and promises had been adhered to, the disorders in the currency would have been much less serious than they were, but the importunity of debtors was always influential with the legislative assem- blies. In order to postpone payment of their debts to the government they persuaded the government to postpone payment of its debts to the bill-holders by extending the time for redemption and even adding new bills before the old ones had been retired. If no more bills had been issued than could be sunk by taxes within one year, and if the law to this effect had been rigidly enforced, the evil consequences would have been slight. AUTHORITIES William Douglass' Discourse concerning the Currencies of the British Plantations in America. (Republished by the American Economic Association, 1897.) Palfrey's History of New England. Felt's Historical Account of Massachusetts Currency. 90 GOVERNMENT PAPER MONEY Hutchinson's History of Massachusetts, 1628 to 1774. C. H. J. Douglas' Financial History of Massachusetts, includ- ing catalogue of colonial pamphlets on currency and banking. (Columbia College series, 1892.) Bronson's Historical Account of Connecticut Currency. Arnold's History of the State of Rhode Island and Providence Plantations. Belknap's History of New Hampshire. Phillips' Historical Sketches of American Paper Currency. Ramsay's History of South Carolina. Hickcox's History of Bills of Credit issued by New York from 1709 to 1789. Documents relating to the Colonial History of New York. Parker's Taxes and Money in New Jersey before the Revolution. Bullock's Essays on the Monetary History of the United States (1900). A. McFarland Davis' Currency and Banking in the Province of Massachusetts Bay (American Economic Association, 1900). CHAPTER II REVOLUTIONARY BILLS OF CREDIT BAD as the colonial bills of credit were, those of the Revo- lutionary period were worse. Our ancestors went to war without any preparation. They had no money. They had no system of taxation. They had no central authority capable of enacting and enforcing one, and what was even worse they objected to being taxed either by Great Britain or by their own local governments. All the separate colo- nies began to issue bills of credit, even before the Continental Congress assembled. Nevertheless, the experience of the past had not been wholly forgotten. Even Franklin, who had been an advo- cate of government paper in earlier times, now recoiled. When the first paper money was proposed in the Conti- nental Congress (June, 1775) he urged that warning S tne ^^ s should bear interest, in order to pre- vent depreciation. When the second issue was proposed, he urged that Congress should borrow on interest the bills already authorized. Both of these plans were rejected. The third issue bore interest, and now Franklin urged that the interest should be payable in "hard dollars." This was voted to be impracticable. There was much confusion of ideas concerning details. While taking time to consider them, it was voted in July, 1771;, to issue due bills for two million Span- First Issues. . ish milled dollars, to be sunk by taxes in four successive years, beginning November 30, 1779, the taxes 91 92 GOVERNMENT PAPER MONEY to be levied and collected by the states in proportion to their population. The bills were not legal tender. The Congress had no power to make them legal tender, but in January, 1777, it recommended that the states should do so ; and this they did, one after another, in one way or another. Before the two millions were issued, another million was wanted and was authorized, together with three millions more before the end of the year. Nine millions more, or fifteen in all, were out before independence was declared. This was called " continental " currency, to distinguish it from the issues of the separate states. From this time the demon of " fiat money " had posses- sion of the country and worked its will on the inhabitants. The issues ran on, in an increasing volume, till they amounted to two hundred and forty-two million dollars in the year 1779. In 1781 the whole mass became worthless. On this subject the essays of Pelatiah Web- Pelatiah Webster. ster have become classic. Mr. Webster was a merchant of Philadelphia and an ardent patriot. He wrote while the paper-money experiment was going on. We can readily believe him when he says : " We have suffered more from this than from every other cause of calamity ; it has killed more men, pervaded and corrupted the choicest interests of our country more, and done more injustice than even the arms and artifices of our enemies." In his first essay (October 5, 1776) Mr. Webster says that he cannot discern any depreciation as yet, or any advance in the prices of goods beyond what a state of war would occasion, even if the currency consisted Early Deprecia- Q goM and silyer exdusively- On the other hand, Professor Sumner has collected evidence showing that at some places goods were sold at lower prices for silver than for bills, even before the Declaration was REVOLUTIONARY BILLS OF CREDIT 93 signed. 1 It is certain that committees were at work early in 1776 attending to the cases of persons who discriminated against paper money. The most common punishment for this offense was seizing some portion of the offender's goods and declaring him an enemy of his country. That this was no trifling penalty is attested by the fact that nearly every one recanted and promised amendment. Nevertheless the number of offenders increased continually. In Philadel- phia, in the latter part of 1776, one of the penalties was the closing of the shops of the guilty parties. This caused prices to rise by giving a monopoly to the others ; and so, when this effect was observed, the first culprits were allowed to reopen. Early in 1777 the depreciation had become too great to be ignored. Committees were appointed in nearly all the states to prevent engrossing and forestalling. 2 One way to do this was to buy all the goods of a particular kind in sight for the army and to require the owners to accept continental money for it. This involved the necessity of deciding how much the owners were entitled to retain for their own use or to meet engagements previously made. It was necessary also to fix the rate of wages of labor for reproducing the goods. At a later period the depreciation was so rapid that Professor Sumner says a man might lose his whole wages while earning them. Price conventions were the next resort. The first one, held at Providence, was composed of delegates from the four New England states. It fixed the prices at which 1 There are several histories of the continental currency. That of Professor Sumner, in his Financier and Finances of the American Revo- lution, is much the best. Mr. A. S. Bolles, in his Financial History of the United States, has been an industrious collector of facts. 2 Forestalling is buying goods before they reach the market, in order to sell them at a higher price. Engrossing is the same as monopolizing. 94 GOVERNMENT PAPER MONEY imported goods might be sold, but an exception was made of arms and ammunition in order to encourage their im- portation. Retailers were not to charge more Price Conven- than 20 per cent advance. The regulation of tion in New England. prices of domestic products was left to the states, as was also the penalty for over-charg- ing. Rhode Island enacted, in addition to other penalties, that if anybody withheld from sale any goods required for the army or navy, the state officers might seize them and, if necessary, break open buildings. A little later it was enacted that buildings containing any goods needed by the community and withheld by the owners might be broken open and the contents sold at the statutory prices. An exception was made of salt, as being, like arms and ammu- nition, an indispensable article. The effect of these laws was to discourage importation. Nobody would bring in goods to be exposed to legal pillage. Accordingly the Rhode Island laws against engrossing were repealed after a few months. The course of proceedings in Connecticut was substantially the same. This state, however, had a law to prohibit persons from buy- ing any more goods than the selectmen should judge to be necessary for the use of their respective families. Anything like prudence in laying in supplies was thus forbidden. A price convention of the six Middle States was held at York, Pa., in March, 1777, but was unable to agree upon a single point. Three states voted that maxi- Price Convention mum p r i ces should be fixed, that sales by of the Middle states. auction should be forbidden, and that impor- tation (which had fallen off, in consequence of the disorderly proceedings of committees) should be encouraged by bounties. Three voted against these propo- sitions, believing that they would only aggravate the evils. The subject was accordingly referred back to the states, REVOLUTIONARY BILLS OF CREDIT 95 but the execution of the price-limiting laws was oftener carried out by mobs than by the constituted authorities. In Albany two persons who had sold rum for more than the established price were taken to the market place and put on a scaffold, when they fell on their knees, acknowledged themselves guilty, and promised to observe the law and help to enforce it upon others. Every method of evasion, such as trade by barter, subjected persons to suspicion. Thus, Richard Henry Lee, who commuted his rents to payment in produce, was denounced as a Tory and left out of Congress at the next election. Mr. Webster, in one of his essays, said that not more than one man in ten thousand was capable of understanding the subject. The greatest man of the period did not under- stand it ; for Washington wrote to Reed, the president of Pennsylvania, December 12, 1778, commend- Krsfvtews' 8 m & ki g zea l "i n bringing. those murderers of our cause, the monopolizers, forestallers, and engrossers, to condign punishment. It is much to be lamented," he continued, "that each state, long ere this, has not hunted them down as pests to society and the greatest enemies we have to the happiness of America. I would to God that some one of the more atrocious in each state was hung in gibbets upon a gallows five times as high as the one prepared by Haman." Yet he had written, more than a year earlier (September 28, 1777), to John Parke Custis, directing him to see that the rent of certain land and slaves should be so arranged that the payments should have a value relative to the currency. " I do not mean by this," he says, " that I am unwilling to receive the paper money. On the contrary, I shall with cheerfulness receive payment in anything that has currency at the time of pay- ment, but of equal value then to the intrinsic worth at the time of fixing the rent." Only two months before he wrote 96 GOVERNMENT PAPER MONEY to Reed about hanging monopolizers, forestallers, and engrossers, he wrote (October 10, 1778) to Custis, advisi ing him not to accept money for a piece of land he was about to sell, but to take other land in exchange for it, because the money might lose its value. This was just what the monopolizers, forestallers, arid engrossers apprehended. Washington was an honest man. It never occurred to him that he was doing with his land and slaves exactly what the others were doing with their provisions and store goods. But, a year later, his eyes were wide open. In August, 1779, he wrote to his agent, Lund Washington, that he would no longer accept continental money on contracts made before the war, unless other people did the same. " The law '" he sa y s " undoubtedly was well designed. It was intended to stamp a value upon, and to give a free circulation to the paper bills of credit, but it never was nor could have been intended to make a man take a shilling or sixpence in the pound for a just debt, which the debtor is well able to pay, and thereby involve himself in ruin." When the Father of his Country could make such mistakes, we need not wonder that the common people were befogged. Washington here says that it was merely intended by Con- gress to " stamp a value " upon certain pieces of paper. If value can be stamped upon paper, it is obviously useless to work for a living. All that is required to insure plenty and prosperity is to pass a law, and then set a few printing presses at work. If Congress attempts to stamp a value upon a thing that is intrinsically worthless and fails in the attempt, its intentions may form a subject of curious interest, but they are of no practical importance. After the Revolution and to the end of his life, Washing- ton was an inflexible opponent of bills of credit, and he had need to use all his influence against that form of debauchery in Virginia. REVOLUTIONARY BILLS OF CREDIT 97 With the mass of the people nothing could be done. All of them, the wise and unwise together, were hurrying to a cataclysm. The fatal error (says Pelatiah Webster), that the credit and currency of the continental money could be kept up and supported by acts of compulsion, entered so deep into the The Final mind of Congress and all departments of adminis- Cataclysm. tration through the states that no considerations of justice, religion, or policy, or even experience of its utter ineffi- ciency could eradicate it. It seemed to be a kind of obstinate delirium, totally deaf to every argument drawn from justice and right, from its natural tendency and mischief, from common sense and even common safety. This ruinous principle was continued in practice for five successive years, and appeared in all shapes and forms, i.e., in tender acts, in limitations of prices, in awful and threatening declarations, in penal laws with dreadful and ruinous punishments, and in every other way that could be devised, and all executed with a relentless severity, by the high- est authorities then in being, viz., by Congress, by assemblies and conventions of the states, by committees of inspection (whose powers in those days were nearly sovereign), and even by military force ; and though men of all descriptions stood trembling before this monster of force, without daring to lift a hand against it, during all this period, yet its unrestrained energy ever proved ineffectual to its purposes, but in every instance increased the evils it was designed to remedy, and destroyed the benefits it was intended to promote ; at best, its utmost effect was like that of water sprinkled on a blacksmith's forge, which indeed deadens the flame for a moment, but never fails to increase the heat and force of the internal fire. Many thousand families of full and easy fortune were ruined by these fatal measures, and lie in ruins to this day, without the least benefit to the country, or to the great and noble cause in which we were then engaged. When the price conventions failed of their object, new ones were held fixing new limits, as, for example, fourfold 98 GOVERNMENT PAPER MONEY the prices of 1774, then eightfold, then tenfold, then twenty- fold, terrorism being applied in each case to enforce the decrees. Country folks accused town folks of extortion, and threatened to come in and take what they wanted by force. Town folks accused country folks of withholding their produce. Laws were enacted against withholders. Anony- mous handbills and broadsides were circulated, threatening vengeance on merchants. Turmoil was every- Social Terrorism. . . where. Society was like a tram of Eskimo dogs when the driver hits with the whip the leader, which turns and falls upon the dog behind him, and presently the whole pack are piled together in battle, not one knowing what it is all about. As a result of such irrational business disturbances Boston was, in October, 1779, on the verge of starvation ; money transactions had nearly ceased, and business was done by barter. In May, 1779, two regiments of Connecticut troops revolted on account of their bad pay. In January, 1781, the Pennsylvania line broke into mutiny for Mutiny of Soldiers. ,1-1,1 i the same reason and killed a captain who tried to bring them to submission. A soldier's pay had dropped by depreciation from $7.00 per month to 33 cents, although it had been twice raised by Congress. Washington could not move his soldiers to Yorktown till Robert Morris had borrowed hard money from Rochambeau for their back pay. In March, 1780, Congress tried the colonial experiment of " new tenor " in a very awkward and roundabout way, and declared old tenor to be worth 40 for i, the actual depreciation being 60 for i. As it was sup- ' ' Hew Tenor. ' ' posed that $200,000,000 of continental money was now out, this was a repudiation of all but $5,000,000 of it. The depreciation then went on more rapidly than before. The new-tenor bills started at a depreciation of 2 for i, which became 3 for i before they reached the army REVOLUTIONARY BILLS OF CREDIT 99 and dropped to 6 for i in a few months. Old tenor went at a galloping pace down to 500 for i in Philadelphia, when it ceased to circulate. In the remoter districts of the South it continued in circulation nearly a year longer, and until the depreciation had reached 1000 for i. The Southern people, when they learned that they had been using the tuff long after it had become worthless in the North, thought that they had been cheated by the Yankees, thus .intensifying thesectionaj_distrust which was already so dangerous. Counterfeiters had been at work all the time and with so much success that Congress was obliged to call in the entire issues of certain dates and declare them Counterfeiting. . . uncurrent after a fixed period. The issues thus branded fell 25 per cent as compared with those not branded. Still, counterfeiting only hastened the impending crisis, and in that respect it was a public advantage ; for, as soon as paper money was dead, hard money sprang to life, and was abundant for all purposes. Much had been hoarded and much more had been brought in by the French and English armies and navies v When the paper had become clearly unmanageable, early in 1779, Congress bethought itself of specific supplies as a means of feeding the army. Under this plan requisitions were made upon the states for beef, pork, Specific flour, corn, forage, etc. Contrary to expecta- tion, this was found to be the worst device of all, since it called for a vast new system of transportation, warehousing, and accountability, and opened the door to innumerable frauds. Robert Morris, the Superintendent of Finance, protested against it in the beginning as the most wasteful method of supplying the army, but his protest was unheeded. Nothing would open the eyes of Congress but an experiment. Instantly there was a tangle of the public accounts which nobody could unravel. In some cases flour IOO GOVERNMENT PAPER MONEY collected for the army was not forwarded because there was no money to pay teamsters, but it remained at the place of collection till it was spoiled. Other consignments which were actually sent arrived too early or too late and were left on the ground exposed to the weather. Cattle forwarded for beef were allowed to wander away. Collections were made and not reported. In August, 1780, FaSure Plete Washington was obliged to send word to a body of militia, who were about to march to his aid, not to come, because he could not feed them. Com- municating this fact to Congress, he said, "The present mode of obtaining supplies is the most uncertain, expen- sive, and injurious that could be devised." He said that it had made impressment necessary, and that impressment could not last long. Many of General Greene's soldiers could not leave their tents because they had no clothes. This experiment of specific supplies was an attempt to carry on government without any medium of exchange. It was a complete failure. Impressment, somewhat disguised, had been resorted to from the time when continental money began to depreciate. To seize a man's goods and tender him irredeemable paper, at a rate which would not enable him to Impressments. replace the goods, was confiscation of the difference between the value of paper and that of specie. All the price conventions were, in fact, impressment con- ventions under another name. Congress recommended the impressment of horses and wagons " at a reasonable rate " as early as 1775. This method of securing supplies was not unknown to the colonies. New York had resorted to it in the old French wars, and South Carolina in her Indian wars. Lists of articles impressed, with the prices attached, are of frequent occurrence in colonial statutes. These, however, implied payment in full measure, not long deferred. REVOLUTIONARY BILLS OF CREDIT IOI When the continental money began to depreciate rapidly, impressments became more frequent. In Pennsylvania so many horses and wagons were impressed that the country people stopped bringing fuel to the towns. This led to an exception, by the Council of Safety, of teams engaged in hauling wood or provisions. In Virginia impressments were so numerous that the people sent their teams over the mountains or into North Carolina for safety. Also a Failure. , . , , , Others made a practice of removing and hid- ing a wheel or some other indispensable part of a wagon, so that it might be useless when the impressing officers came. When Washington arrived in camp at Yorktown, ample supplies of bacon had been collected and stored for the army, south of the James River, but they could not be moved because the impressing officers could not find any teams to haul them, in the oldest settled part of America. Teamsters who had been impressed threw out their loads at the wrong places. Others ran away with them and did not return. Hamilton wrote to Greene that public credit was so totally lost that nobody would furnish aid, even in the face of impending ruin. All this was at the very crisis of the war, while the fleet of De Grasse was sailing into Chesapeake Bay. But for that fortunate conjuncture the war could not have been continued, so greatly had the people been alienated by bad money and the harsh treat- ment which it led to. In May, 1781, Congress recommended that the states should repeal their legal-tender laws. Some of them had already done so, and now the rest followed Deprecation " suit A11 of them ad P ted "scales of depre- ciation " for the settlement of debts. These were tables showing how much the money was worth in specie at various times and how disputed accounts should be settled. The tables were notoriously incorrect. The one IO2 GOVERNMENT PAPER MONEY recommended by Congress placed the currency at par in September, 1777, whereas it was worth at that time only 33 cents on the dollar. New confusion and new wrongs were introduced by the new policy. " The courts could not do justice," says Professor Sumner, " because depreciation introduced a fraud into the very essence of the case, and the agent of the fraud was almost always innocent, so far as his intention was concerned. If, therefore, the court under- took to release the victim of the fraud from all effect of the fraud, the injury was simply thrown back on the perpetrator, who, being innocent, suffered as much wrong as the victim would have suffered if nothing had been done." Continental money was now an object of execration and afterwards of derision. " Not worth a continental " became a synonym for absolute worthlessness. In the act of Con g ress approved August 4, 1790, authority was granted for funding the bills in 6 per cent bonds "at the rate of one hundred dollars in the said bills for one dollar in specie." Only $7,000,000 turned up to take advantage of this provision. When the final catastrophe came, some of the wise men of the period exclaimed that the continental money was simply a form of taxation, and that it had been paid and canceled. Franklin consoled himself with Continental t hi s ^ea, saying that the bills clothed and Money consid- ered as a Tax. fed the army and that they operated as a tax, bearing most heavily on the rich, as was proper, since the rich had the most money. Strange that so great a man could have been so deceived ! If the con- tinental money was a tax, it did not bear heaviest upon those who had the most, but upon those who kept it longest. Those who had money due them at fixed times and could not hasten the payment were taxed, not in proportion to their wealth, but in proportion to the time the debts had to REVOLUTIONARY BILLS OF CREDIT 103 run. All who depended upon regular interest payments and most of the charitable and educational institutions of the day were in this category were taxed at various rates up to 97^ per cent of their entire income. It is a complete subversion of ideas to call this a tax. The word " tax " is from the Latin taxare, to value or to appraise. It presumes a methodical arrangement of the taxable persons so that justice shall be done and each shall know what he has to pay. Taxation is the opposite of con- fiscation. It was adopted in order that confiscation might be avoided. Confiscation, however, has the catf(m CC merit of enabling the government and people to know how much has been taken, and from whom, so that when more propitious times come, or a higher sense of justice prevails, restitution may be made. The kind of confiscation or taxation that continental money pro- duced was hurly-burly. The government plundered right and left, and, instead of keeping an account of persons and things, it told the victims to rob the next ones they came to. A euphemism which still lingers is that "the continental money fell gently asleep in the arms of its last possessor." A truer figure of speech would be that it passed out of the world like a victim of delirium tremens. It may be asked what else could have been done. If the continental money was a disguised tax, certainly an undis- guised one would have been better. What the government required was army supplies. These were partly the products of the country and partly imported, the latter being paid for with the products of the country. The The Alternative. . people did not avoid the necessity of parting with their products by the device of issuing paper money. Except what was borrowed and begged abroad, the whole cost of the war was paid by the thirteen states out of their annual produce. Therefore it was a question merely of 104 GOVERNMENT PAPER MONEY how the contributions should be levied. Regular taxation is always better than confiscation, because it is more eco- nomical and because it conserves the public morals, the confidence of the citizens in their own government, and the respect of the world. One of the striking phenomena of the Revolution was the great display of luxury. Franklin wrote in 1779 : " The extravagant luxury of our country in the Display of midst of all its distresses is to me amazing." Luxury during the War. Another writer says : " Every form of waste- fulness and extravagance prevailed in town and country, nowhere more than in Philadelphia under the very eyes of Congress, luxury of dress, luxury of equipage, luxury of the table." 1 This is not hard to understand. If a man owed $1000 gold value and was enabled to pay it with $100, he had $900 disposable for other purposes. As this money had not come by hard labor, he would naturally be somewhat free in spending it. He would give good dinners, drive fast horses, and buy fine clothes and jewelry for his family. It was the transfer of property from frugal persons to spend- thrifts. While it continued, it gave a deceitful appearance of prosperity. Like conditions prevailed during the Civil War, both North and South. After the war seven states (Rhode Island, New York, New Jersey, Pennsylvania, the Carolinas, and Georgia) plunged into paper-money debauch- ery afresh. There were also severe struggles over the question in New Hampshire, Massachusetts, Mary- land, and Virginia. 2 1 Greene's Historical View of the American Revolution, 2 See the first volume of McMasters' History of the People of the United States, where these movements are well described. REVOLUTIONARY KILLS OF CREDIT 105 RECAPITULATION The Revolutionary bills of credit were of the same gen- eral character as the colonial bills which preceded them, except that they were issued only for war purposes. To prevent depreciation it was deemed necessary to fix the prices of merchandise by law and to punish persons who should sell at higher prices for paper than for silver. Severe punishments were inflicted for this offense, but they did not stop or even retard the depreciation. The bills eventually became worthless and were repudiated. Many of the most patriotic families of that day were ruined by the use of these bills, without any benefit to the public cause. AUTHORITIES Pelatiah Webster's Political Essays. Sumner's Financier and Finances of the American Revolution. Bronson's Connecticut Currency, Continental Money and the Finances of the Revolution. Belles' Financial History of the United States. Ramsay's History of the American Revolution. Hildreth's History of the United States. Bancroft's History of the United States. McMasters' History of the People of the United States. CHAPTER III A J*' THE GREENBACKS DURING the War of 1812 the government of the United States issued Treasury notes to the amount of $36,680,794. All except $3,392,994 were payable to order and payable at a definite time and bore interest at the rate of 5| per cent. About two-thirds of them were of denomina- Treasury Notes tions of $100 or more. They did not become before the Civil ... . . War . a part of the circulating medium and were not intended to. They were paid to such creditors of the government as were willing to receive them, and they were generally at par until specie payments were suspended in September, 1814. On November 12, 1814, Mr. Hall, a member of Congress from Georgia, introduced a bill in the House for an issue of Treasury notes to be legal tender. The House, by a vote of 42 to 95, and with- out debate, refused to consider this bill. No other attempt was made to pass a legal-tender bill until 1862. In the panic and crisis of 1837-43, during a portion of which time specie payments were suspended, the govern- ment issued Treasury notes to the amount of $47,000,000 to meet deficiencies of revenue. All of these notes bore interest and were payable at a fixed time. They did not become a part of the circulating medium. A few were issued by the Secretary of the Treasury in 1842 bearing only a nominal rate of interest (one mill per $100 per annum). Such notes had not been contemplated by Con- gress. The Committee of Ways and Means of the House, to 1 06 THE GREENBACKS IO/ whom the subject was referred, reported that the Secretary had exceeded his authority, but Congress took no action on the report. It was the opinion of the Committee that these notes were " bills of credit " within the meaning of the Con- stitution and that Congress had no power to issue bills of credit. In 1847, during the war with Mexico, Treasury notes to the amount of $26,122,100 were issued. They bore interest at the rate of 5f and 6 per cent. They did not enter into the circulation and were not intended to. The foregoing issues of interest-bearing Treasury notes were merely government loans, of which the securities were in small denominations and had only short periods to run. When specie payments were suspended in 1814, and again in 1837, silver small change disappeared because it was worth more per dollar than the bank notes in circula- tion. On both occasions private notes and tickets of less denominations than $1.00, and copper coins, were issued and put in circulation by bridge, ferry, and turnpike com- panies and by tradesmen and manufacturers. One hundred and sixty-four varieties of private copper coins of the period of 1837 have been preserved in numismatic collections. Most of them bore the names of the issuers, who promised to redeem them. Prior to the Civil War the fiscal operations of the gov- ernment were transacted exclusively with coin, by its own officers, without the intervention of banks. In August, 1861, Mr. Chase, the Secretary of the Treasury, negotiated three loans of $50,000,000 each from the banks of New York, Boston, and Philadelphia. In anticipation of War Loans of 1861 . , , such loans, Congress had passed a law author- izing him " to deposit any of the moneys obtained on any of the loans in such solvent specie-paying banks as he might select," and to withdraw the same as required for the pay- ment of public dues. The object of this law was to enable 108 GOVERNMENT PAPER MONEY him to leave the money in the banks as a deposit till wanted for actual disbursement, and then to withdraw it by checks, which would be settled at the clearing house. This was a discretionary power, and Mr. Chase decided not to make use of it. The bankers argued that the financial operations of the government could be best carried on by leaving their gold in their own vaults as the basis of credit. Against the strong opposition of the banks, he required them to pay their gold into the sub-treasury at New York at the rate of about $5,000,000 per week. This policy does not appear to have had any harmful effect, except that of exciting the fears of the bankers them- selves. 1 The public creditors, who received the gold, depos- ited it again in banks, where it became the property of the latter, like any other funds or securities among their assets. The largest amount of gold in the banks of the three cities at any time during the year was $63,200,000, August 17. On December 7 following, it was $58,100,000, although in the meantime they had loaned the government $100,000,000 and had agreed to loan $50,000,000 more. These loans had been largely, but not wholly, reimbursed to the banks by the sale to the public of the securities they received from the government. Everything appeared to be going on well, but early in December, two untoward events occurred. The first was the report of the Secretary of the Treasury. It had been generally felt that the plan of borrowing from the banks to carry on the war could be only a temporary makeshift intended to serve until a permanent 1 In the first edition of this book I ascribed the suspension of specie payments in December, 1861, to the removal of the gold from the banks by Secretary Chase. An article on this subject by Mr. Wesley C. Mitchell, in the Journal of Political Economy, June, 1899, has convinced me that I attached too much importance to that action. THE GREENBACKS IOQ policy could be matured. It was hoped that the finance report in December would present a programme of adequate taxation. The disappointment over its failure to do so was keen, and the suspi- cion that the Secretary was not equal to his great task injured the credit of the government. The second event was the Trent affair, which threatened for a time to involve the Federal Government in a war with England. The moral effect of these events was immediately seen. The credit of the government declined, so that it became impossible for the banks to sell the government securities, which they held to a large amount, except at a great pecuniary sacrifice. This cut off one source from which they had been obtaining specie. At the same time people became frightened, stopped depositing money in the banks, thus cutting off the other source. Even worse, the deposits began to be withdrawn and the specie reserve dwindled at an appalling rate. About twenty-seven million in specie were drawn inland from the New York banks in the month of Decem- ber, by far the larger part of it in the last two suspension o weeks. It was all outgo now, and no income. Specie Payments. The end was but a question of time. After stand- ing the strain upon their reserves for two weeks, the New York banks were compelled, in order to save themselves from complete exhaustion, to suspend specie payments on the thirtieth day of December. Banks in other cities speedily followed suit. The suspension of the national Treasury was entailed as a necessary consequence of the suspension of the banks. Thus the first day of the new year 1862 saw the collapse of the whole scheme of national finance. 1 Among the various devices for raising money at the begin- ning of the war, was that of issuing non-interest-bearing Treasury notes in small denominations fitted to be used as currency. Sixty millions of these had been authorized before Mr. Chase negotiated the above-mentioned loans. These notes were payable on demand and were receivable 1 Mr. Wesley Mitchell in the Journal of Political Economy, June, 1899. 110 GOVERNMENT PAPER MONEY for taxes and duties on imports, but were not legal tender. Mr. Chase was paying them to such of the public creditors as were willing to receive them, simultaneously with his disbursement of the gold drawn from the banks. Thirty- three millions were outstanding when specie payments were suspended. They were called " demand notes " in distinc- tion from the subsequently issued legal-tender The Legal-Tender nQtes The bm for ^ ^^ ^ ^ prQ _ posed by Mr. Elbridge G. Spaulding, a mem- ber of the Committee of Ways and Means, and was reported by the Committee by a majority of one vote on January 7, 1862. It authorized the Secretary of the Treasury to issue $150,000,000 of United States notes not bearing interest, payable to bearer, of denominations not less than $5.00 each. Fifty millions of these notes were to be in lieu of that amount of the demand notes aforesaid. The notes were to be receivable for all dues to the government and to be legal tender for all debts public and private within the United States and to be exchangeable for bonds of the United States bearing interest at 6 per cent, redeemable after five years and payable in twenty years. These bonds were familiarly known as the 5-2 o's. A delegation of bankers from New York, Boston, and Philadelphia came to Washington to remonstrate against the bill. A meeting was held at the office of the Secretary of the Treasury on January n, at which these gentlemen and the members of the financial committees of Bankers remon- the Uouse and Senate were present. Mr. strate against it. James Gallatin, in behalf of the bankers, pre- sented a plan of national finance which would, in the opinion of those gentlemen, procure the means for carrying on the war without recourse to legal-tender notes. One of the proposals was to " issue 6 per cent twenty-year bonds, to be negotiated by the Secretary of the Treasury, and without THE GREENBACKS I I I any limitation as to the price he may obtain for them in the market." Mr. Spaulding took ground at once against this plan. He tells us that he "objected to any and every form of 'shinning' by government through Wall or State Street to begin with ; objected to the knocking down of government stocks to 75 or 60 cents on the dollar, the inevitable result of throwing a new and large loan on the market, without limitation as to price" In order to avoid selling government stocks at 75 or 60 cents on the dollar in an honest way, Mr. Spaulding initiated a policy which ended in selling those stocks at 40 cents on the dollar in a roundabout way, and cheating creditors, soldiers, and laboring men out of more than half their dues in an incidental way. This state of facts he mournfully acknowledges in his book, and he seeks to put on Mr. Chase the blame for too much inflation of the currency. 1 But the man who opens the floodgates has no right to complain of the inundation. Although Mr. Chase, in his annual report for December, 1 86 1, distinctly rejected the idea of legal-tender notes (which was already in the air), on account of "the immeasurable evils of dishonored public faith and national bankruptcy," yet on January 22 following, he wrote to Mr. Mr. chase assents Spaulding a qualified approval of his bill. The to the Legal-Ten- , derBiii. letter was not satisfactory to all the members of the Committee. Consequently a resolution was adopted, asking his opinion as to the propriety and necessity of the immediate passage of the bill by Congress. 1 " He [Chase] left the office with twice as much inflating paper out- standing as ought ever to have been issued, and with the promised dollar printed on the face of the greenback worth only 35 to 40 cents in gold." Introduction to second edition of SPAULDING'S Financial History of the War, p. 1 1. 112 GOVERNMENT PAPER MONEY His answer was returned on the twenty-ninth. Much un- necessary verbiage was employed to convey the Secretary's assent to the legal-tender clause, but he gave his assent and added certain reasons for it which had not been advanced by anybody else. He said that some people gave a cordial support to the government by taking its notes at par, while others did not, referring to the "demand notes " which were not legal tender. "Such discriminations," he said, " should, if possible, be prevented, and the provision mak- ing the notes a legal tender, in a great measure at least, prevents it by putting all citizens in this respect on the same level, both of rights and duties." This was very plausible. It appealed powerfully to the spirit of patriotism. But Mr. Chase was a victim of his own phrases. The duties of the citizen are to submit to the laws of conscription and of taxation, and his rights are to be exempt from impressment and confiscation. If others enter the army voluntarily or give their money to the government outright, those acts are over and above duties. They rise to the category of merits. The bill passed the House, February 6, 1862, by 93 to 59. The legal-tender clause, however, narrowly escaped defeat in the Senate. On Mr. Collamer's The Bill passes. . motion to strike it out, the yeas were 17 and the nays 22. Senator Fessenden, the chairman of the Com- mittee on Finance, spoke and voted against the legal-tender clause, but he did not oppose it vigorously. In any narrow division of the Senate his influence would have been deci- sive, if he had exerted it. But evidently he did not wish to be responsible for the defeat of the measure. Two amendments of importance were added by the Senate : one making the interest on the government's obli- gations payable in coin ; the other giving the Secretary of the Treasury authority to sell bonds bearing 6 per cent interest at any time, at the market value thereof, for notes THE GREENBACKS I I 3 or coin. The latter clause was intended to enable the Sec- retary to obtain gold at some price, to pay the interest on the bonds. In the Conference Committee of the two houses an additional plan was devised for this end, by making duties on imports payable in coin. The bill became a law on the 25th of February, 1862. On the 7th of June Mr. Chase asked for The Second Issue. $150,000,000 more notes. A bill for this pur- pose was passed with very little opposition. It provided that not more than $35,000,000 should be of denominations smaller than $5.00. On the 6th of March Mr. Stevens introduced a bill author- izing the Secretary of the Treasury to dispose of any bonds or notes authorized by law, for coin, on such terms as he should deem most advantageous to the public interest. After the legal-tender act was passed it was remembered that $60,000,000 of demand notes were outstanding, which were receivable for customs duties. If duties chase C< Act PU should be paid exclusively in these notes, some considerable time must elapse before any coin would come in to meet the interest payments. Mr. Stevens said that it was impossible to sell bonds " at the market value," and that the Secretary of the Treasury had sent down this bill and wanted to have it passed at once. He concurred in the necessity of it since the coin amendment had been adopted by Congress, although that amendment was against his judgment. The bill was passed by the House on the following day, and by the Senate March n, without a division. In the Senate it was amended so as to read as follows : The Secretary of the Treasury may purchase coin with any bonds or notes of the United States authorized by law, at such rates and upon such terms as he may deem most advantageous to the public interest. 114 GOVERNMENT PAPER MONEY In the Revision of the Statutes, which was completed in 1874, this clause was wisely retained among the provisions of law "general and permanent in their nature" ; for, so long as the Treasury is responsible for the maintenance of parity between gold and paper, its power to obtain gold ought to be unrestricted. When Congress assembled in December, 1862, it found that the. most sacred obligation of the government the pay of the army and navy had not been Third Issue. .. . . met, and that great distress existed among the families of soldiers in consequence. Mr. Gurley, of Ohio, in the House (January 15, 1863) drew a most harrow- ing picture of the suffering in consequence of this default. The amount of pay overdue was $59,000,000. It is not possible to acquit Mr. Chase of responsibility for this default. The House passed a resolution asking why he had allowed the pay of the army to fall into arrears. He had power under the law to sell 6 per cent bonds at their market value for greenbacks or coin. Why had he not done so ? His answer was in these words : The Secretary, solicitous to regulate his action by the spirit as well as the letter of the legislation of Congress, did not consider himself at liberty to make sales of the 5-20 bonds below their market value ; and sales except below were impracticable. What Mr. Chase meant was that the quoted value of 6 per cent bonds on a particular day the 3d of January, 1863, for example was 98 in currency. But if the Secretary should offer any -large lot, the price would fall below 98. In other words, there was no market value for bonds, although there was a market value for every other merchantable thing under the sun. There was much feeling against Mr. Chase among congressmen, on account of this interpretation of the law which they had passed to meet every financial emergency. THE GREENBACKS 115 The Secretary's scruples on this subject led to the third batch of legal-tender notes, $100,000,000, authorized by a joint resolution dated January 13, 1863, "for the immediate payment of the army and navy of the United Depreciation. / J States. The whole amount now authorized was $400,000,000. The price of gold at this time was 142; at the end of the month it was 15^. Mr. Spaulding was surprised, at this juncture, to find that there was a great scarcity of currency. This he attributed, not to the advance in prices which had absorbed the additions to the circulating medium, but to the operations of the army and navy. He did not explain how the operations of a million men fighting and destroying property should call for more currency than those of the same number engaged in peaceful occupations at home. 0 19,., i8c -!10 ^l.xi 190 180 170 160 5" '(" 130 i -j<.) i id IOO 90 Bo 1 1 \ \ I 1 \ 1 \ United States Prices " " Wage r i s Id. 1 ^\- ^_ \ / A N * /-** ^ 1 / \ V. / / ^\ 77 \ I 10 A /" ~~~^ 77 \ V, S\ , ,-J 2 \ A - - ^ v ^ V^- ~- _ ft . ~~ 8 4 '45 '5 '55 '60 '65 '70 '75 '80 '85 '90 We may here note the difference, in their effect on prices, between new supplies of gold and additions to the volume of an irredeemable currency. Nobody advances the price of his goods because new gold is coming out of the Effect on Prices , T ^ , , , of commodities. g round - Everybody knows that the gold he receives to-day is final payment, and that it will be accepted by others at the same general value to-morrow. Quite otherwise is the effect of an issue of irredeemable 1 Paper read before the International Statistical Institute at Chicago, 1893. THE GREENBACKS 125 paper. This is not final payment, but only a promise to pay at some indefinite time. The promise is also uncertain of fulfillment. Not all men realize these facts at first, but there are always some who do, especially bankers and deal- ers in foreign goods. To the latter class it is a matter of doubt whether they can replace their goods at the prices they formerly paid. Accordingly they will buy foreign exchange (which means gold abroad) in anticipation of their needs. This unusual demand will cause an advance in foreign exchange and also in the prices of the exportable commodi- ties (including gold), by which foreign exchange is made. Eventually the advance will extend to all goods, domestic as well as foreign, because producers and dealers find that they cannot replace their stocks at the same prices as before. The advance is usually slow at the beginning. Thus, although specie payments were suspended on the 3oth of December, 1861, the premium on gold did not reach 4 per cent until the month of May following. When the premium on gold became noticeable in January, 1862, the business of buying and selling it began naturally in the shops of those Wall Street brokers who dealt in foreign coins. These brokers had gold and silver on exhi- bition in their windows. People who wanted Fir rM radmg coin went there to buy it. Those who wanted in Gold. * to sell coin for greenbacks naturally went there also. Gradually the dealings in front of their offices became so large that the traders blocked the sidewalks, and the public authorities were obliged to give special orders to the police to keep the crowds moving. The business being thus interrupted, the dealers took up their quarters in a neighboring restaurant, where the business went on until it outgrew its accommodations. Then the need of a Gold Exchange was recognized. Thirty or forty men who had been in the habit of meeting in the restaurant formed a 126 GOVERNMENT PAPER MONEY loose organization, hired a hall, and adopted rules by which any respectable man could become a member by paying $100 per year, to defray the expenses. This was Gold Exchange . h t f g 6 It voluntary organized. * organization, existing under the rule of honor. Eventually it had 450 members, consisting of bankers, brokers, and merchants of the principal cities of the Union. At first the business was carried on by the manual delivery of gold in return for certified bank checks. To do this the gold had to be carried through the streets by mes- sengers, who were sometimes knocked down and robbed. To facilitate the transactions the Treasury, in 1865, began to issue gold certificates of deposit, under authority of a law passed two years earlier. By and by the business became so large that it could not be carried on by manual delivery, even with the help of gold certificates. Then the Gold Exchange Bank was started as an adjunct to the Gold Exchange. This was an institution incorporated under the laws of New York, with a capital of $1,000,000. It did a regular banking business with its own capital, and it acted as a clearing house for the Gold Exchange at a fixed rate of compensation. The method of clearing was as follows : Each transaction was noted on a "ticket of advice" signed by both buyer and seller. All the tickets were passed into the bank. If Mr. A. had bought $1,000,000 worth of gold from various persons at various prices and had sold $999,000, then instead of receiving from and paying to all Gold Clearings. these people he would settle only with the bank. He would receive at the close of the day $1000 in gold and would pay whatever sum in greenbacks was due from him as the resultant of all his transactions. The usual daily amount of such clearings was $60,000,000 to $70,000,000. THE GREENBACKS 12; All the foreign trade of the country, both imports and exports, was regulated by the daily and hourly quotations of the Gold Room. This trade could not have been carried on otherwise. The wholesale prices of all A commerci, importable and exportable commodities were regulated by the quotations. Retail prices were affected at longer range. That is, the retail dealers were obliged to fix their prices high enough to cover fluctu- ations and to save themselves from loss. The consumer was not able to buy at the lowest price that the law of competition would, under other circumstances, have made. Commodities not of an exportable or importable kind were affected in less degree and at still longer range, but were not exempt from the influence. In short, the whole trade of -the country, both external and internal, pivoted on the Gold Exchange. Gold being the universal liquidator of commerce, it was necessary to know where and at what price it could be obtained in any desired quantity. The Gold Exchange gave the answer to this question daily and hourly, and was accordingly indispensable. During seventeen years the business of the country was regulated by the quotations of the Gold Exchange and was exposed to the raids of gold gamblers. The Gambling Raids. most disastrous of these was the " Black Fri- day conspiracy," which was a trap set for exporters. The export trade of the country at that time necessitated the selling of gold in advance of its delivery. A buyer of wheat or cotton for export would make his purchase according to the current price of gold, but he would not get his returns from abroad for some weeks, nor could he get a negotiable bill of lading immediately. If the price of gold should fall meanwhile, he would be a loser. So he would sell at once the gold which he expected to receive later. He would do this by giving an order to a broker in the Gold Exchange to 128 GOVERNMENT PAPER MONEY sell, putting up a small margin as a guaranty against possible fluctuations. Thus both the exporter and the broker would be protected, unless the fluctuations should be so great as to prevent the exporting merchant from keeping his margin good. In the latter event he might be ruined altogether. The act of " selling short " is most commonly frowned upon as something akin to gambling. In this case the gambling consisted in not selling short. A fluctuating cur- rency introduces the gambling element into "Selling Short." . , / all business, but more especially into the for- eign trade of a country. By selling at once the gold that he expected to receive for his outward cargo, the exporter was doing a legitimate business. By waiting till his cargo arrived and his returns became available he took the risks of any amount of fluctuation in the interval. Mr. Jay Gould, who was at that time president of the Erie Railway, and a daring speculator, conceived the idea of buying all the gold in the market and compelling the " short " sellers to buy of him, when their contracts should mature. He organized a clique of brokers, speculators, and Tammany Hall politicians, who succeeded by various devices and by enormous purchases in carrying the price up from 133 to 162 in about twenty days, the greater part of the rise being in two days, September 2^-24. The Black Friday. 24th was always afterwards known as Black Friday. About 250 persons and firms were caught "short" of gold, who had no way of meeting their contracts except by buying it of Gould and his party. The consequences were thus described by a Committee of Congress, of whih General Garfield was chairman : Hundreds of firms engaged 'in legitimate business were wholly ruined or seriously crippled. Importers of foreign goods were for many days at the mercy of gamblers and suffered heavy losses. For many weeks the business of the whole country was paralyzed, THE GREENBACKS I 29 a vast volume of currency was drawn from the great channels of industry and held in the grasp of the conspirators. The founda- tions of business morality were rudely shaken, and the numerous defalcations that shortly followed are clearly traceable to the mad spirit engendered by speculation. Black Friday and its evil consequences were due to the existence of a bad currency and a fluctuating standard of value. The Gold Room was at that time a necessity. Business could not be carried on without it, but it offered temptations and facilities for gambling which could not be resisted ; and this gambling was more calamitous than any other, because the prices of all commodities and securities were affected by it. It was only an exaggerated and glar- ing illustration of the evils of an unstable currency. When .the war came to an end in May, 1865, the price of gold sank to 130, at which rate greenbacks were worth 77 cents per dollar. It had been as high as 285 in July, 1864, greenbacks being then worth 36 cents. The dif- ference between these extreme quotations may be taken to represent changes in the public credit, or various vicissi- tudes and states of mind, dependent upon the war, wholly apart from the redundancy of the circulation, since the currency was no greater in volume at the one date than at the other. The baleful effect of these fluctuations was shown very clearly in California. As that state was an integral part of the Union, the legal-tender act was as valid California ad- there as elsewhere, yet the greenbacks never heres to the Gold , ., - standard. became current there until after specie pay- ments were resumed. California had no banks of issue and was entirely unfamiliar with paper money. It was not without a severe struggle, however, that the gold standard was maintained. The claims of loyalty were imported into the controversy, and it was stoutly 130 GOVERNMENT PAPER MONEY insisted by the greenback party that unwillingness to use legal-tender notes was akin to treason. Their opponents replied that they were entirely willing to use the notes at their actual value, but not at a higher value. They con- tended that, except for past debts, greenbacks could not be used at anything above their actual value, because the prices of commodities would fluctuate in some near propor- tion to the fluctuations of the currency. If taken for more than their actual value by ignorant persons, such persons would be cheated. In regard to past debts they said that it would be unjust to pay less value than the parties had agreed for. 1 There is an advantage in studying the events in Califor- nia at this time, because what happened there, in plain sight and hearing, took place on an immensely larger scale else- where, but was, for the most part, unnoticed. There were no railways to the Pacific coast at that time, hence several months elapsed before any commercial effects were produced by the legal-tender act. On the iyth of September, 1862, a firm in San Francisco published a letter in the Alta California saying that they had been compelled to receive many thousands of dollars in legal-tender notes for goods which they had bought for gold and had sold on credit at gold prices. They had tendered the ments Er *" notes to tne i r employees in payment of wages, but the latter had refused to receive them, saying that the boarding houses, the butchers, and the grocers would not take them at par. " For ourselves," said the firm, "we wish to maintain the government, but we would like the burden to fall equally on all classes." On March 5, 1863, a victim of the legal-tender law wrote to the Evening Bulletin of San Francisco that he had 1 See article " Legal Tender Notes in California," in the Quarterly Journal of Economics, October, 1892, by Professor Bernard Moses. THE GREENBACKS 131 lent $10,000 in gold coin four years previously to a man in Sacramento, taking his note for it. The promissory note was lodged at the banking house of D. O. Mills & Co. for collection. The borrower came to the bank and ten- dered $10,000 in greenbacks as full payment. Severe Losses. Greenbacks were then worth 68 cents on the dollar. D. O. Mills & Co. refused to receive the tendered greenbacks without the consent of the owner of the note, and denounced the conduct of the debtor as unfair in the extreme. After a protracted dispute the creditor accepted the $10,000 in greenbacks and $1000 in gold, rather than enter upon a doubtful lawsuit. His loss then was $2200, but as he kept the notes a few months, it became $3500. Business was thrown into confusion by the contrariety of practice in different parts of the state with reference to greenbacks. Attempts were made to introduce into promis- sory notes, invoices, and bills of sale a clause stipulating for payment in gold, and these attempts were Confusion in ...... . . Business partially successful, but this could not be done with accounts current, with telegraphic orders, or with retail trade conducted on the credit system. On the 8th of November, 1862, the merchants of San Francisco entered into a written agreement not to receive or pay legal-tender notes except at their market value in gold. Country merchants were invited to sign it also. If anybody should refuse to sign or should violate the agree- ment, the others would decline to have any business trans- actions with him. This plan was slow in getting into operation and could not be made comprehensive enough to meet the emergency, since it included regular dealers only, and not transient customers. Presently a case came into court, where a citizen had ten- dered greenbacks for state taxes and the collector had 132 GOVERNMENT PAPER MONEY refused to receive them. The Supreme Court of the state decided that taxes were not " debts," and hence that the legal-tender law did not apply to them. This Greenbacks not view was eventually sustained by the Supreme Legal Tender for . . . Taxes. Court of the United States. I he decision of the state court had a great influence on local public opinion, by strengthening the hands of the anti-greenback men. In October, 1862, the Board of Supervisors of San Fran- cisco adopted a resolution to pay the interest on city and county bonds in gold coin and instructed their financial agent in New York to advertise to that effect. This action likewise tended to strengthen the position of the anti- greenbackers. On February 12, 1863, resolutions were introduced in the Legislature, asking the general government to except Cali- fornia from the operations of the legal-tender Rise of the Rate j Q f th reasons advanced by the of Interest. * mover of the resolutions was that the rate of interest had risen to double the customary rate because lenders were fearful that no form of contract could prevent the payment of greenbacks where gold had been promised. Lenders required a higher rate to compensate them for this risk. The resolutions were, however, rejected. An agitation now was started by the Daily Herald for a law to enforce the payment of contracts in whatever kind of money the parties might agree for. The Legislature took up the subject in earnest, and in April, 1863, passed a law to this end, not mentioning gold, greenbacks, or any particular kind of money by name. This was known specific contract as the Specific Contract Law. It provided merely that in an action on a contract, or obligation in writing, payable in a specified kind of money or currency, the judgment should be payable in such money THE GREENBACKS 133 or currency. The parties might stipulate for English sover- eigns, or Spanish doubloons, or notes of the Bank of France, as well as for American eagles, or greenbacks ; the law would enforce the contracts in all- cases. The act was passed upon by the Supreme Court of the state the same year and pronounced constitutional. It was also held to be applicable to contracts made before its Sustained by the passage. Both these doctrines were subse- Supreme Court of the United states, quently affirmed by the Supreme Court of the United States, in terms which implied that the Specific Contract Law was superfluous. In other words, specie contracts were enforceable without it. It remains to notice other decisions of the Supreme Court of the United States on the subject of legal-tender notes. In the case of Lane County vs. Oregon 1 DeSn S COUrt (December, 1868) the court held unanimously that the legal-tender acts of 1862 and 1863 did not apply to taxes imposed by the authority of a state, and that taxes are not "debts." It followed that if a state made its taxes payable in gold the taxpayer's obligation could not be discharged with legal-tender notes. In Branson vs. Rodcs* 1 (December, 1868) the court held that a contract specifically payable in gold and silver coin could not be discharged by a tender of United States notes. In Butler vs. Honvitz, immediately following, it was held that a contract to pay a certain sum in gold and silver coin is, in legal effect, a contract to deliver a cer- Gold Contracts . -i^r u j-i t j. Enforceable weight of gold and silver of a certain fineness. In this case the contract had been made in 1791 and was for payment in " English golden guineas." It was held in this case that damages for breach of contract should be assessed in coin also. 1 7 Wallace, 71. 2 7 Wallace, 229. 134 GOVERNMENT PAPER MONEY In Hepburn vs. Griswold 1 (December, 1869) it was held by five judges against three (the opinion of the court being delivered by Chief Justice Chase) that the making of notes, or bills of credit, a legal tender in payment of preexisting debts is not a means appropriate, plainly adapted, or really calculated to carry into effect any express e ep urn power vested in Congress ; is inconsistent with the spirit of the constitution and is prohibited by the constitution. Also that the clause in the acts of 1862 and 1863 which makes United States notes a legal tender in payment of all debts, public and private, so far as it applies to debts contracted before the passage of those acts, is unwarranted by the constitution. The judges who concurred with the Chief Justice were Clifford, Nelson, Grier, and Field. The dissenting judges were Miller, Swayne, and Davis. In the Legal Tender Cases' 1 (December, 1870) the fore- going decision was reversed by five judges against four. The opinion of the court was delivered by The Hepburn Justice Strong, who had been appointed in Judgment b ' . reversed. place of Justice Grier, resigned. A new mem- ber (Bradley) had been added, in pursuance of a law passed by Congress in April, 1869, raising the whole number of judges to nine. The opinion read by Justice Strong implied that the power of Congress to make the government's notes legal tender between individuals on preexisting contracts was an incident and consequence of the war power, but it did not expressly say so. The legal points of the opinion will not be considered here, but some attention must be given to an economical dictum found in it, viz. : It is hardly correct to speak of a standard of value. The Constitution does not speak of it. It contemplates a standard for 1 8 Wallace, 603. 2 12 Wallace, 457. THE GREENBACKS 135 that which has gravity or extension, but value is an ideal thing. The coinage acts fix its unit as a dollar, but the gold or silver thing we call a dollar is in no sense a standard of Judge Strong on d n It is a representative of it. There " Value." might never have been a piece of money of the denomination of a dollar. There never was a pound sterling coined until 1815, if we except a few coins struck in the reign of Henry VIII, almost immediately debased, yet it has been the unit of British currency for many generations. It is thus a mis- take to regard the legal-tender acts as either fixing a standard of value, or regulating money values, or making that money which has no intrinsic value. The learned judge here confounds value with the standard of value, and speaks of both as having no concrete existence. Value is an ideal thing in the same sense that weight is. The former means exchangeability ; the latter means force of gravity. A dollar is a definite amount of exchangeability as an ounce is a definite amount of the force of gravity. The former will bring to its possessor a given quantity of goods ; the latter requires a given amount of force to lift it. Both are fitted to become standards, -the one of value and the other of weight, and when made such by law they are not ideal but concrete things. The legal-tender act, as has been remarked previously, was a change of the definition of a term in common use, i.e., the word "dollar." It had pre- viously meant a definite amount of metal of a specified fine- ness. Under the new definition it meant the government's promise to pay this thing at an indefinite time. The five judges who concurred in this opinion were Strong and Bradley in addition to the minority in the Hepburn case. Separate dissenting opinions were read by Chief Justice Chase and by Judges Clifford, Field, and Nelson. In Juillard vs. Greenman^ (March, 1884) it was held that 1 no U. S., 421. 136 GOVERNMENT PAPER MONEY Congress has the constitutional power to make the Treasury notes of the United States a legal tender in payment of private debts in time of peace as well as in time of war. Also that legal-tender notes redeemed and reissued under the act of May 31, 1878, are a legal tender, although not expressly made so by that act. The opinion Decision 68 ^ ^ e court was delivered by Justice Gray, and a dissenting one was written by Justice Field. In Justice Gray's opinion we find the following statement : The power, as incident to the power of borrowing money and issuing bills or notes of the government for money borrowed, of impressing upon those bills or notes the quality of being a legal tender for the payment of private debts, was a power universally understood to belong to sovereignty in Europe and America at the time of the framing and adoption of the Constitution of the United States. George Bancroft, the historian, reviewed this opinion in both its legal and its historical aspects. Referring to the statement quoted above, he declares it to be " a stupendous error," and affirms that no such power was understood to belong to sovereignty in Europe at that time, i.e., in I788. 1 RECAPITULATION United States notes, otherwise called greenbacks, or legal tenders, were issued by Congress during the Civil War, to the maximum sum of $450,000,000. They were similar in their nature and consequences to the Colonial and 1 "The Constitution of the United States of America Wounded in the House of its Guardians," by George Bancroft. Pamphlet, 1884. THE GREENBACKS 137 Revolutionary bills of credit that preceded them, but the depreciation was not so great. The lowest rate reached by them was 35 cents per dollar in the year 1864. The notes were originally made convertible, at the option of the holder, into bonds bearing coin interest at 6 per cent. This connecting link between the notes and gold was unwisely repealed in 1863. If it had remained in force, the notes would have been exchanged for bonds whenever the price of the latter was above par, and specie payments would probably have been resumed automatically soon after the close of the war. As the notes were declared by law to be legal tender for all debts public and private, except duties on imports and interest on United States bonds, many people affirmed and believed that the principal of the bonds could be rightfully paid with greenbacks, although the latter were irredeemable. This misconception led to a political controversy of great bitterness, long duration, and doubtful issue. The cost of the war was largely enhanced by the use of irredeemable paper, the prices of arms, ammunition, and supplies having risen in consequence of currency inflation. The prices of commodities were relatively higher during the suspension of specie payments than the premium on gold. Dealers sought to protect themselves in this way against loss by fluctuations in the value of the currency. The wages of labor did not advance part passu with the prices of commodities during the war. The effective pay of the soldiers was seriously reduced by the advance of prices. Thus the pecuniary burden of the war fell most heavily upon the classes least able to bear it. Irredeemable currency makes changes in the distribution of property among individuals and classes. It works injus- tice between debtors and creditors and between employers 138 GOVERNMENT PAPER MONEY and employees. It promotes speculation, introduces the gambling element into business, defrauds the wage-earner, and brings ruin upon innocent people. The issuing of irredeemable paper is sometimes called a forced loan, but it has none of the characteristics of a loan. A loan, even when forced, implies an accounting and repay- ment to the lender. No such thing is promised or contem- plated when such paper is issued, but merely that somebody shall be paid something at some time. Even this promise is not always fulfilled. The value of greenbacks during the suspension of specie payments was recorded during the business hours of each day by actual sales and purchases of gold on the New York Gold Exchange. In 1864 Congress attempted to check the depreciation of the currency by closing the Gold Exchange and prohibiting sales of gold or foreign exchange for future delivery. The premium on gold advanced more rapidly after the passage of this act than before, and Congress repealed it two weeks later. Gambling in gold was one of the evils of the time, and almost a necessary one in connection with the foreign trade of the country. In 1869 a scheme was set on foot by an unscrupulous speculator for the purpose of "cornering" gold, i.e., buying all the gold in the market and compelling persons who had sold it for future delivery to buy it from him and his clique. It resulted in a most disastrous panic, ruining or seriously crippling hundreds of business men in the principal cities of the Union. The day on which the catastrophe occurred was afterwards known in Wall Street as Black Friday. United States notes never became current in California until after the resumption of specie payments. The busi- ness community declined to receive them, except at their value in gold. The Legislature of the state passed an act THE GREENBACKS 139 known as the Specific Contract Law, by virtue of which con- tracts should be enforceable in any kind of money the parties should stipulate for. This law was upheld by the highest courts of the state and of the United States. The Supreme Court of the United States has held that a contract between private persons, if made specifically payable in coin, cannot be discharged with legal-tender notes. Also (December, 1869), that the legal-tender act of 1862 was unconstitutional so far as it applied to debts con- tracted before its passage. The last-mentioned decision was reversed one year later (December, 1870). It was inferred from the language of the court in this decision that the power of Congress to make the notes of the United States legal tender between individuals on preexisting contracts was an incident of the war power. In March, 1884, the court held that Congress has power to make the notes of the United States legal tender in time of peace as well as in time of war. AUTHORITIES Knox's United States Notes. Spaulding's History of the Legal-Tender Money issued during the Great Rebellion. Newcomb's Critical Examination of our Financial Policy during the Southern Rebellion. H. C. Adams' Public Debts. Mitchell's " Greenbacks and the Cost of the Civil War," in the Journal of Political Economy, March, 1897. Banker's Magazine and Statistical Register, 1861-65. CHAPTER IV CONFEDERATE CURRENCY 1 THE provisional government of the Confederate States of America was formed at Montgomery, Ala., on the 8th of February, 1861. Its Secretary of the Treasury was C. G. Memminger. Its first financial act (March, 1861) was the issue of $2,000,000 of Treasury notes in denominations not smaller than $50. They bore interest at the rate of 3.65 per cent and were payable to order, that is, to some person named in the note and transferable by his endorsement. They were not intended to be used as currency and were not so used. Shortly afterwards the Confederacy borrowed $15,000,000 on bonds drawing 8 per cent interest, for which it received gold value during the year 1861. The money was expended in the purchase of arms, ammunition, and sup- plies abroad. An export duty of i cent per First Steps. pound on cotton was enacted, but by reason of the blockade of the Southern ports it yielded scarcely anything. Later in the same year, May 16, the Confed- erate Congress authorized the issue of $20,000,000 of non- interest-bearing Treasury notes of denominations of $5.00 and $10, redeemable in specie in two years and convert- ible into 8 per cent bonds. These were intended to cir- culate as money, and they became at once the currency of the Confederacy. 1 The principal authority for the facts embraced in this chapter is Professor J. C. Schwab's The Confederate States of America, 1861-1865 (Charles Scribner's Sons, 1901). 140 CONFEDERATE CURRENCY 141 The issue of bonds was increased to $150,000,000, and it was sought to make this, in part, a produce loan. Cotton, corn, flour, pork, beef, and tobacco were to be taken in exchange for bonds, and agents were appointed to solicit subscriptions among the planters. Nine-tenths of all the subscriptions were in cotton. The reason why cotton was offered so profusely was that the Confederate Treasury was the only market open to the planter, whose customary mar- ket was cut off by the blockade. Meanwhile he had his own obligations to meet, and these could not be satisfied with 8 per cent bonds any more than with cotton itself. There was an outcry in many quarters for A Produce Loan. , relief for the planters. Some persons advo- cated an issue of Treasury notes, with which to buy all the cotton offered for sale. Others proposed a loan of such notes on the cotton as security. Either of these plans, it was seen, would cripple the Confederate finances at the start, by filling the field of circulation before the armies were fairly in motion. The Confederate Congress did nothing for the planters, but some of the separate legisla- tures voted them Treasury notes of their own state issues on the security of cotton, which was left in the hands of the planters themselves. At the end of 1861 there were $105,000,000 of Confeder- ate Treasury notes outstanding, and the premium on gold was 15 to 20 per cent, the record is not exact. The notes were never made legal tender. The question of making them such was frequently under debate in ^ on g ress > but was always decided in the neg- ative. Although the Confederate Congress did not, and Southern state legislatures could not, make the notes legal tender, the latter bodies, or some of them, deprived creditors of the remedies they had previously enjoyed for collecting their dues in the courts of law. 142 GOVERNMENT PAPER MONEY On August 19, 1 86 1, the Confederate Congress author- ized an issue of $100,000,000 of Treasury notes of denom- inations of $5.00 and upwards. It was the opinion of the Southern bankers, who were then holding a convention at Richmond, that this might be safely done, but the limit was raised to $150,000,000 before the end of the year. The notes were redeemable " six months after the ratification of a treaty of peace between the Confederate States and the United States." They were convertible into bonds draw- ing 8 per cent interest, or into call certificates drawing 6 per cent, the latter being reconvertible into notes at the holder's option. Internal taxation was not resorted to by the Confederacy in the first year of the war, except by a direct tax on the states, which was paid mostly by issues of state notes or bonds, that is, by borrowing. The customs Failure to tax. . . . yielded next to nothing, the ports being block- aded. It was Secretary Memminger's opinion at the outset that the war should be carried on by loans, with just suffi- cient taxation to pay interest. The Confederate Congress did not go so far in the way of taxation as Secretary Mem- minger advised. It preferred to rely on bond issues and note issues altogether. It accordingly passed an act in April, 1862, for $165,000,000 of 8 per cent bonds and $50,000,000 of new notes. It also issued another kind of note, of the denomination of $100, bearing interest at the rate of 7.30 per cent, receivable for taxes. It was supposed that these would be held for investment, but they were soon found to be in circulation. Prices of commodities were rising so rapidly that the notes were worth more in trade than in one's strong-box. Only 9 per cent of the public expenses was met with bonds, 85 per cent with notes, and 6 per cent with taxes, donations, and the confiscation of Federal property. CONFEDERATE CURRENCY 143 As early as September, 1862, every barrier to note issues was thrown down by the passage of an act authorizing issues limited only by the public expenses. This system avoided present trouble, but it added to the anxieties of the Secretary of the Treasury, who knew that it was ruinous in the long run. Produce loans were resorted to as a partial check to excessive issues of currency. The government thus obtained the ownership of 430,000 bales of cotton, and was able to ship 19,000 bales to Europe by blockade-run- ners. In December, 1862, the Treasury notes outstanding, including state issues, reached $500,000,000, and gold was worth 3 for i. As the foregoing methods were proving fruitless, the idea was conceived of making cotton the basis of a loan abroad. After various negotiations the scheme was undertaken by the house of Erlanger & Co. of Paris. It was for .3,000,- ooo sterling, and was secured by cotton in the Confederate States at a valuation of 6d. per pound. Cotton was then selling at 2 id. per pound in England. The payments were to be made in monthly instalments, the first one being 5 per cent. The subscription was opened March 21, 1863, at the issue price of 90, and was said to have been over-subscribed five times in England alone. Yet after deducting brokers' commissions, interest on bonds, repurchases to sustain the market, and other expenses, the net amount realized on the $15,000,000 of bonds was only $6,500,000. The Confederate cruisers were paid for out of the net amount received. At the beginning of 1863 Mr. Memminger addressed him- self to the task of getting his Treasury notes funded into bonds. He recommended that a bill be passed providing that notes not funded before August i, 1863, should cease to be currency and cease to be convertible. The Confed- erate Congress passed a bill with elaborate provisions to 144 GOVERNMENT PAPER MONEY carry this plan into effect. It contained also provisions for issuing new notes to the amount of $50,000,000 per month. This attempt to brand the old notes while issuing new ones threw the currency into worse disorders than before< The Richmond banks refused to receive the old notes as deposits, and the Virginia Legislature ordered that they should not be received for state taxes. Newspapers denounced the act of Congress as repudiation. The note-holders, seeing that the old notes were likely to become worthless, now hastened to fund them, and actually sent in $125,000,000 in three months of 1863, but in these three months $150,000,000 of new notes had been issued. The total amount outstanding on the ist of January, 1864, was upwards of $700,000,000, and the gold quotation was 20 for i. Only $5,000,000 was raised during the year by taxation. The total debt of the Confederacy was now $1,221,000,000. Various schemes of repudiation were now on foot. They took shape eventually in a bill (passed February 17, 1864), providing that all outstanding notes smaller than $5.00 should be convertible into bonds and receivable at par till the ist of July, 1864, and thereafter be taxed Repudiation out ^ ex i stence within the year. Simultane- ously another issue of notes was authorized (a sort of " new tenor," like the secondary issues of colo- nial bills of credit), for which the old notes, except those of $100 and upwards, could be exchanged at the rate of $3.00 old for $2.00 new; $426,000,000 were so exchanged. The currency had now become unmanageable. The $100 notes continued to circulate after they had been outlawed. There was active funding for some months after the passage of this bill, and its effect was shown in a decline of the gold quotation from $23 to $17 for $1.00; but when the new notes came out, it rose again to $23 in September, and reached CONFEDERATE CURRENCY 145 $40 before the end of the year. The volume of currency was now fully $1,000,900,000. The old notes and the new ones circulated side by side, were equally discredited, and continued to depreciate together. They passed in trade at the same rates. The credit of the Confederate Government was now shattered, and Mr. Memminger resigned his office in midsummer, 1864. He was succeeded by George A. Trenholm of Charleston. The latter was not slow to perceive that compulsory funding had been a grave mistake. "Apprehensions of ultimate repudiation," he wrote to Governor Bonham, "crept like an all-pervading poison into the minds of the people, and greatly circumscribed and diminished the purchasing power of the notes." In January, 1865, the gold quotation was $53 for $1.00. Secretary Trenholm proposed to reverse the policy of compulsory funding, in order to save the govern- ment's credit, but it was too late. A bill to Final Collapse. . carry Mr. Trenholm s plan into effect was passed by the House, but failed in the Senate. There was nothing to do now but to make fresh issues of notes, although the previous law for this purpose contained a pledge that there should be no more. In March, 1865, a bill for $80,000,000 of "new tenor" was passed over the President's veto. There was some talk about heavier taxes on exports and imports, although there were none to be taxed. The last scheme was for a specie loan of $3,000,- ooo, failing which there was to be a tax of 25 per cent on all the specie in the Confederacy. This singling out of one kind of property, and putting on it a tax of one-fourth of its value, was confiscation. The Richmond banks, which were most exposed to the application of force, advanced $300,000, and almost immediately thereafter the Confederacy collapsed. Almost every blunder that it was possible to commit in national finance was committed by the Confederacy, and on 146 GOVERNMENT PAPER MONEY a gigantic scale. The initial one was the failure to tax. The direct tax on the states, as we have seen, was largely met by borrowing, and this was additional to the Confederate borrowing and in the same field. In 1863 the Confederate Congress was awakened to the necessity of taxing the people by its own machinery, but it was now too late to do so effectively. The population was sparse, Fatal Mistakes. . . the means of communication slow, and the territory to be covered wide, with much of it in possession of the Union forces. Worst of all, the swelling volume of the currency inflated the prices of property so that a given rate of taxation payable in dollars yielded a constantly lessening value. In order to overcome this difficulty a system of tithing was enacted, that is, a tax payable in produce, of the kinds needed by the army. This system was grossly unjust to the farmers. The man who had to pay $100 in currency, and the one who had to contribute one hundred bushels of corn, did not stand on the same footing. The former might pay in 1863 not more than $10 in value measured by gold, and not more than $5.00 in 1864, while the one hundred bushels of corn contributed by the latter remained a fixed, unshrinkable quantity. The farmers made so stout a resistance to the tithing system that it yielded very small returns. The next blunder in Confederate finance was that of paying interest on loans in irredeemable paper. It must not be assumed that there was no other alternative. No other was ever tried. It would have been time enough to fall into the pit when it could not be avoided. The gov- ernment should have bought specie at the market price and paid the interest on the bonds with it, in order to support the public credit. The third and fatal folly of the Confederacy was the compulsory funding act. No casuistry could disguise this CONFEDERATE CURRENCY 147 step. It was repudiation, and it brought its own speedy punishment. If military events had not brought the Con- federacy to an end in April, 1865, it must have collapsed financially about that time. In other words, the power to supply the army in the field with food, clothing, arms, and ammunition could not have continued much longer. The blockade of the Confederacy, of course, intensified its finan- cial difficulties. Secretary Memminger attributed his failure to it. Indeed, if it had had free communication with Europe the Confederacy might have survived the errors of its Treas- ury Department and the war might have had a different ending. The note issues of the separate states are of importance in connection with those of the Confederacy a throwing light on the course of a paper currency unregulated by redemption in specie and unrestrained by anything except the whims of legislatures. The " wants of trade " in respect of money are never so imperious as when governments are issuing irredeemable notes. Prices of com- vate^urrency niodities advanced faster than the price of gold. This was because dealers made an extra charge for goods, by way of insurance against fluctuations in price. The advance of prices absorbed the new currency and created an abnormal demand for more. The appetite was shared by the state governments, by cities and counties, by banks, by railroad and other corporations ; and finally the right of issue was assumed by private persons, such as tobacconists, grocers, barbers, and milk dealers, who issued tickets, which they gave out as change in the ordinary course of trade and promised to redeem in goods or ser- vices. Alabama began with an issue of $1,000,000 of state notes as early as February, 1861, and the amount was increased later to $3,500,000. These were receivable for state taxes. Georgia issued $18,000,000 of state notes 148 GOVERNMENT PAPER MONEY redeemable in Confederate notes. These were in effect an addition of that sum to the Confederate currency. Missis- sippi made liberal issues to relieve the distressed cotton- planters. All the states east of the Mississippi River issued notes. The city of Richmond issued scrip in denominations from 25 cents to $2.00. Charleston, Pensacola, Augusta, and other cities followed suit. Georgia granted " banking privi- leges," which meant the right to issue notes, to two railroad companies. Factories, turnpike companies, insurance com- panies, and others assumed this right either with or without legislative authority. Money was as nearly equal to the wants of trade as the printing press could make it. The state legislatures at last attempted to prevent the circu- lation of personal and corporate notes, but the evil had grown beyond their reach. Virginia passed three acts for this purpose, but they could not be enforced. People con- sidered these private notes as good as the public ones (as they were), and so continued to accept them. The banks issued their own notes freely, since they were not obliged to redeem them, suspension having been .legalized in all the states. RECAPITULATION For the means of meeting the expenses of the Civil War the Confederate States of America relied almost wholly on Treasury notes, which served as the currency of the people. Those notes were not made legal tender by legis- lative authority, but were made practically so by public opinion and by the repeal of state laws for the collection of debts. Their course was similar to that of the Revo- lutionary bills of credit. They became nearly worthless before the close of the war, and were repudiated in part by the Confederate government and were superseded by CONFEDERATE CURRENCY 149 another batch, a sort of "new tenor," which pursued the same downward career. Secretary Memminger said that it was impossible to carry on war by means of taxes alone. This was a mistake. Except money borrowed abroad, every country pays the cost of a war at the time of the war. The Southern Con- federacy presents an easy illustration of this maxim, because it was for the most part isolated, having little communication with the outer world, and because all of its debts were oblit- erated at the end of the war. Obviously somebody paid the cost. It was not paid by foreigners (except the trifling sum borrowed in Europe), nor did it fall from the moon. There being nobody else to pay it, the people of the Confederacy must have paid it, and must have paid it during the time of the war, and not a moment later. To levy taxes sufficient to pay the whole of each year's expenses within the year would not have made the burden any greater than it actu- ally was. The Confederacy, by assuming that taxes to pay interest on money borrowed would be sufficient, did not get rid of heavier ones. It only levied them in a different way. AUTHORITIES Schwab's The Confederate States of America, 1861-1863. Capers' Life of C. G. Memminger. Pollard's Southern History of the War. E. A. Smith's History of the Confederate Treasury, in Publi- cations of the Southern History Association (Washington, 1901). Statutes of the Confederate States. ' CHAPTER V AFTER THE WAR THE money circulating among the people is a powerful educator. It teaches either truth or false- iwucator 8 ai hood. Sometimes the results of its false teachings are merely whimsical ; more often they are disastrous. We have seen in a previous chapter that after the forma- tion of the Latin Monetary Union a million and a half of silver francs, of the coinage of the Papal States, rushed into France with those of Italy proper, although the Papal gov- ernment was not a member of the Union. These coins bore the effigy of Pope Pius IX. They gradually found their way into the pockets of the least intelligent members of the community. In 1875 there was a loss of two sous on each of these Roman francs, and in some parts of France the Roman Catholic priests lost their influence with the peas- ants in consequence. 1 The latter put the blame of their loss on the Pope and on the priests as agents of the Pope. One of the consequences of this delusion was that all can- didates for the Chamber of Deputies who were supported by the priests were defeated by the votes of the peasants. It was useless to say to these people that they ought not to have accepted the Roman coins, that the Papal States were not members of the Monetary Union, and that neither the Pope nor the priests were to blame. The people could not 1 Round my House ; Life in France in Peace and War, by Philip Gilbert Hamerton, p. 214. 150 AFTER THE WAR 151 understand such things. The only facts they could grasp were the Pope's effigy on the coins and the loss of the two sous. Our legal-tender act taught people false notions. First, it led large numbers of unreflecting persons to believe that the government can make money. If the government can do so, people argued that it ought to make money plentiful. The legal-tender act led to the belief also that the govern- ment's bonds were payable in greenbacks. The act said that the notes should be lawful money and a legal tender for all debts, public and private, within the United States except duties on imports and interest on government bonds. These words printed on the greenbacks led multitudes of people to think that the govern- ment could rightfully pay the first piece of paper with a second one. If it could do so, it could pay the second with the first. Thus, by swapping one for the other, the whole debt might be paid without taxation. As all other governments could do what we could, all national debts might be settled in a twinkling. But there would be no need of taking the trouble to exchange an interest-bear- ing bond for a non-interest-bearing note. The whole debt could be canceled by simply passing a law saying, " All bonds of the United States are legal tender and shall cease to bear interest after the passage of this act." The policy of paying the 5-20 bonds in greenbacks was advocated by General Butler in the Republican party, and by George H. Pendleton in the Democratic, immediately after the close of the war. Both of them were defeated in their respective national conventions in 1868, but in differ- ent ways. The Republican Convention discountenanced in its platform the payment of the bonds in greenbacks. The Democratic Convention favored it, but rejected Mr. Pen- dleton as a candidate for the presidency, and nominated I$2 GOVERNMENT PAPER MONEY Horatio Seymour, who was strongly opposed to that policy. The Republicans carried the election, and soon thereafter (March 18, 1869) Congress passed an act declaring that all government obligations were payable in coin unless the law under which they were issued expressly provided for some other payment. This did not put an end to the controversy, however. The fight was long and bitter. If the question of paying the bonds with greenbacks had been referred to popular vote at any time between the end of the'war and the resump- tion of specie payments, the result would have been very doubtful. In his annual report, December, 1865, the Secretary of the Treasury, Mr. Hugh McCulloch, recommended the policy of contracting the currency with a view to the early resumption of specie payments. The House of Representa- tives, on the 1 8th day of that month, by a vote of 144 to 6, adopted a resolution " cordially concurring " in the recom- mendation. An act to carry that policy into effect Was P aSSed A ? ril I2 > l866 ' Tt aU ' thorized the Secretary to sell bonds for the purpose of "retiring Treasury notes or other obligations issued under any act of Congress, . . . provided that, of the United States notes, not more than $10,000,000 may be retired and canceled within six months from the passage of this act, and thereafter not more than $4,000,000 in any one month." In February, 1868, Congress suspended the reduction of the currency under the foregoing act. The act thus repealed had been in force twenty-one months, and 44,000,000 of the greenbacks had been re- tired, but the Secretary had not exercised his full powers under it. The amount outstanding when the cancellation was suspended was $356,000,000. AFTER THE WAR 153 In 1870 and 1871 the Secretary of the Treasury, Mr. George S. Boutwell, issued $6,000,000 of legal-tender notes in lieu of those retired by his predecessor, Mr. McCulloch, showing that, according to his view, those notes were still legally in existence, although they had been actually withdrawn and can- celed. The Senate Committee on Finance made a report upon this action, holding that the Secretary had no power to issue notes for any portion of those retired under the act of 1866. Although Congress took no action on the report, Secretary Boutwell retired a large part of the reissued notes, and his successor, Mr. Richardson, retired the remainder. Soon afterward, Secretary Richardson himself reissued $26,000,000 of the retired notes in a vain attempt to check the financial panic of 1873, thus bringing the whole amount up to $382,000,000. In February, 1874, the Senate Committee on Finance reported a bill, the first section of which fixed the maximum amount of United States notes at $382,000,000, and the sec- ond section provided that, on the ist of January, 1876, the Secretary of the Treasury should either exchange gold coin at par for United States notes, or give 5 per cent bonds for them on the demand of any holder of the Inflation Bill nQtes The bm wag amended in the Senate oi 1074. by inserting $400,000,000 instead of $382,- 000,000 and by striking out the second section altogether. This was known as the Inflation Bill, as it sanctioned the policy of adding to the volume of an irredeemable currency in time of peace. It passed both houses, but President Grant was vetoe d by President Grant, who thereby rendered the country a great service. Yet he intended at one time to sign the bill and had written a paper to accompany his approval of it. Congress then hurriedly 154 GOVERNMENT PAPER MONEY passed another bill fixing the maximum amount of legal- tender notes at $382,000,000, which was signed by the President June 22. The Inflation Bill having been a Republican measure and vetoed by a Republican President, the party was left in a position of great embarrassment, and was badly beaten in the congressional elections of that year. It could neither inflate nor stand still. The only other course was to take steps for resuming specie payments. It improved the few remaining weeks of its power to pass a bill for this purpose. The bill was reported from the Committee on Finance by Senator Sherman, December 21, 1874, and passed the fol- lowing day without any change. It first removed certain restrictions upon the circulation of national on C Acfof S T 7 5" banks and Prided that the Secretary of the Treasury should " redeem " greenbacks to the amount of 80 per cent of the new bank notes issued, until the total volume, which was then $382,000,000, should be reduced to $300,000,000. It provided that the Secretary should, "on and after January i, 1879, redeem in coin the United States legal-tender notes then outstanding, on their presentation for redemption at the office of the assistant treasurer of the United States in the city of New York, in sums of not less than fifty dollars." The selling of bonds to provide means for redemption was authorized without limit as to amount. The word "redeem" was used in the act in two places without any definition of its meaning. Ordinarily the redemption of a promissory note means paying and cancel- ing it, and this was the necessary meaning of Meaning 8 1 ^e wor d i the place where it was first em- ployed. It meant that the volume of green- backs should be reduced to $300,000,000 by retiring and canceling the excess over that sum, for if the excess were AFTER THE WAR 155 not canceled the reduction could not take place. The true meaning of the word having been determined in one part of the act, its use in another part would have been clear and binding upon all courts of law ; but Senator Sherman, when asked whether the greenbacks which should be redeemed would be put out of existence, refused to answer the ques- tion. The bill passed both houses without any explanation on this point, and became a law January 14, 1875. All doubts were resolved by Congress itself three years later. October 31, 1877, the House Committee on Banking and Currency reported a bill to repeal the specie resumption act, and this was passed by the House November 23, by a vote of 133 to 120. At this time the Democrats had a majority of twenty in the House. The Senate was composed of thirty-eight Republicans, thirty-seven Democrats, and one Independent (Davis, of Illinois), who usually voted with the Democrats on financial measures. The Senate rejected this measure by a majority of one vote only. April 29 the House passed a bill, 177 to 35, without debate, forbidding the retiring or canceling of any more legal-tender notes and providing that any thereafter redeemed should be reissued, paid out, and kept in circulation. This bill was concurred in by the Senate, 41 to 18. Before its passage Senator Bayard offered an amendment that notes once redeemed should not there- after be legal tender between individuals, but this was rejected, 18 to 42. This measure became a law May 31, 1878. At that time the volume of greenbacks outstanding was $346,681,016, at which it still remains. The passage of the specie resumption act was followed by a battle at the polls the following year. The center of this engagement was in the state of Ohio, where the Demo- crats had declared in their platform that the amount of money ought to be made "equal to the wants of trade." 156 GOVERNMENT PAPER MONEY This sophism was slain by Carl Schurz in a speech at Cin- cinnati, which decided the campaign. The phrase " equal to the wants of trade " means the wants of any- body in trade. It also requires measures to put the person in possession of what he wants. Since all must be treated alike, it follows that everybody must be served with greenbacks at the public treasury till he says he has enough. To give everybody all the green- backs he wants would give nobody an advantage, except by canceling past debts. Therefore an act of Congress can- celing all debts would accomplish the same end more expeditiously. The immediate result of the voting in Ohio in 1875 was the election of Rutherford B. Hayes as governor. A sec- ondary result was his elevation to the presidency the follow- ing year. He appointed John Sherman Secretary of the Treasury. During 1877 and the following year Mr. Sher- man was engaged in refunding the national debt in pursu- ance of the act of July 14, 1870. In connection with this negotiation he arranged with a banking syndicate for the sale of new bonds under the resumption act, by which he was to receive gold coin at the rate of $5,000,000 per month. Before the 3ist of December, 1878, he had accumulated $95,500,000 in this way, and the Treasury held about $20,000,000 additional derived from customs duties. The law had prescribed no plan of accomplished. resumption. Everything had been left to the Secretary's discretion and to the chapter of accidents. This laxity of Congress was due in part to a general disbelief that resumption would or could be accomplished under that act. When the time approached and the decline of the gold premium betokened a strong probability that the law would be carried into effect, the agitation in both political and financial circles was extreme. On the i7th of December AFTER THE WAR 157 the premium on gold disappeared quietly and the Gold Exchange was closed because there was nothing for its members to do. On the ist of January, 1879, the Treasury offered to redeem its legal-tender notes, but none were pre- sented for that purpose. The banks of the large cities had previously kept two kinds of accounts with such of their customers as desired them, one in paper and one in gold. They now discontinued this practice and kept accounts only in "dollars." Therefore nobody had any motive to draw gold from the Treasury to deposit in banks. The chapter of accidents did more than anybody had anticipated. The year 1879 proved to be the most remark- able in our history in a commercial sense. lIn l p0 Qo Sin The crops of wheat, corn, and cotton were 1879 and 1880. unexampled in magnitude and excellence, while those of the Old World were extremely deficient. The balance of trade turned in our favor suddenly and strongly. This condition of things was repeated on a somewhat smaller scale in the harvests of 1880. The two years wit- nessed importations of gold to the amount of $175,000,000, putting the immediate success of specie resumption beyond peradventure. No reserve for maintaining specie payments had been fixed in the law nor was the need of any reserve recognized until 1882, when the subject was brought to the attention of the Senate in an incidental way. A bill 00 ' 000 to amend the National Bank Act was under consideration. A section relating to gold cer- tificates of deposit was embraced in it. 1 On the 2ist of June, in that year, Senator Aldrich moved an amendment 1 The issue of gold certificates had been authorized by Section 5 of the act of March 3, 1863, in these terms : " That the Secretary of the Treasury is hereby authorized to receive deposits of gold coin and bullion with the Treasurer or any assistant treasurer of the United States, in 158 GOVERNMENT PAPER MONEY to it by providing that the Secretary of the Treasury might, in his discretion, suspend the issue of such certificates whenever the amount of gold in the Treasury available for the redemption of United States notes should fall below $100,000,000. The object of the amendment was to prevent the holders of greenbacks from drawing gold from the Treasury, rede- positing it there, and taking gold certificates for it, all at one operation, thus perhaps possessing themselves of all the gold in the Treasury and at the same time using the govern- ment's vaults as a free safe depository. Senator Allison remarked, while this amendment was under consideration, that " thus far there has been no absolute definition of what the reserve fund should amount to." In order to supply such a definition, Senator Ingalls moved to amend the amendment, making it read as follows : Provided, that the Secretary of the Treasury shall suspend the issue of such gold certificates whenever the amount of gold coin and gold bullion in the Treasury reserved for the redemption of United States notes falls below one hundred millions of dollars. In this form it became a law, July 12, 1882, and thus a reserve of $100,000,000 gold in the Treasury for the redemp- tion of United States notes was recognized as existing, although not established by affirmative legislation. It cre- ated in men's minds the habit of considering the greenbacks as redeemable in gold at the option of the holder, although they were legally redeemable in gold or silver at the option of the government. sums not less than $20 and to issue certificates therefor in denomina- tions not less than $20 each, corresponding with the denominations of United States notes. The coin and bullion deposited for, or represent- ing, the certificates of deposit shall be retained in the Treasury for the payment of the same on demand." AFTER THE WAR 159 On July 14, 1890, Congress passed an act for the issue of an indefinite amount of legal-tender notes for the purchase of silver bullion. This is commonly called the Sherman Act. It was a part of the silver legislation treated in the following chapter. 1 The notes were to be The Sherman Act. ..... redeemed on demand in "coin, either gold or silver, at the discretion of the Secretary of the Treasury, but it was declared in the words of the act to be "the established policy of the United States to maintain the two metals on a parity with each other upon the present legal ratio or such ratio as may be established by law." This was a hint rather than a command to the Secretary in favor of gold redemption. The notes were declared in the act' to be "legal tender in payment of all debts, public and private, except where otherwise expressly stipulated in the con- tract." In practical effect this was a fresh issue of green- backs in time of peace, and of unlimited amount. The only restriction in the law was as to the rate of issue, which was to be the sum necessary to pay for 4,500,000 ounces of silver bullion each month at the market price. Nearly $156,000,000 of these notes were issued. A financial panic of great severity ensued, and the act was repealed November i, 1893. The act of 1890 was not grounded upon financial consid- erations. It was part of a political trade. In the Senate, April 29, 1896, Senator Teller of Colorado gave what he called the " unvarnished history" of the Sher- is man ^ ct ' wn ^ cn nas never been contradicted. He said that the Republicans desired to pass the McKinley tariff bill. The silver men desired to pass a free-coinage bill. The latter had a majority in the Senate, 1 The Sherman Act of 1890 is introduced here for the purpose of presenting all the legislation respecting legal-tender notes in consecutive order. l6o GOVERNMENT PAPER MONEY with power to adopt a free-coinage clause as an amend- ment to the tariff bill and thus compel the House to adopt it or lose the latter bill altogether. They did not follow that plan because they knew that President Harrison would veto a free-coinage bill, even if, in doing this, he should kill the tariff bill. So the silver senators determined to adopt, not a free-coinage measure, which would certainly be vetoed, but the nearest possible approach to it, and put this meas- ure on its passage ahead of the tariff bill. This was done, as the following legislative record shows : May 17, 1890. The McKinley tariff bill passed the House. June 5. Mr. McKinley moved in the House to take up the Windom silver bill, which was amended by adopting the Conger substitute, and passed June 7, by 135 to 119. June 17. The Senate took up the House silver bill, amended it by adopting the Plumb substitute (a free-coinage measure), and passed it by 42 to 25. June 25. The House took up the silver bill, non-concurred in the Senate amendment and asked a conference. July 7. The Conference committee reported the Sherman bill, which was adopted by the House on that day and by 'the Senate July 10. July 14. The Sherman silver bill was approved by the President. July 25. The McKinley tariff bill was taken up by the Senate and passed September n. Thus the Sherman silver bill was passed by the Repub- licans as the price of the McKinley tariff. Mr. McKinley himself was an ardent advocate of the former measure. "Vote against this bill," he said (June 7, 1890), "and in my judgment you vote that there shall be no legislation on the silver question at this session of Congress. That is what I fear it means. We know we cannot have free coinage now except in the manner as provided in this bill." AFTER THE WAR l6l The McKinley tariff bill repealed the duties on sugar and molasses, which had yielded $55,000,000 of revenue in the fiscal year 1890, and the Sherman silver bill added about $50,000,000 per year to the public expenses for the purchase of silver bullion. These two measures exactly canceled the surplus revenue ($105,000,000) of the year 1890, and a new pension bill added $50,000,000 more to the expenditures in 1893, when it came into full operation. Thus Deficit** *^e i n g re dients of a witch's cauldron, in the shape of a Treasury deficit and a financial panic, were collected for President Cleveland's second administration. That the country had a sufficiency of instruments of exchange .in the summer of 1890, before the Sherman Act was passed, is proved by the fact that we exported about as many gold dollars as we obtained of new paper ones while the act was in operation. The output of new legal-tender notes to July i, 1893, was $i4o,66i,'694, and the net export of gold during the same time was $141,017,158. This coin- cidence was not accidental. Whenever there is an excess of instruments of exchange forced into circulation by their legal- tender faculty, one of two things will happen. If they are redeemable in gold, there will be an outflow of that metal. If not redeemable, there will be a depreciation Gold Exports. of the whole mass. The great exportation of gold in the years following the passage of the Sherman Act is thus easily accounted for, but it was stimulated by the alarm of investors lest specie payments should be suspended. On March 14, 1900, Congress passed " an act to define and fix the standard of v.\lue, to maintain the parity of all forms of money issued or coined by the United States, to refund the public debt, and for other purposes." This is commonly but mistakenly called " The Gold Standard Act," whereas the gold standard was established by the act of February 12, 1873. l62 GOVERNMENT PAPER MONEY The act of 1900 reaffirmed the earlier act, but it also contained important specific provisions for maintaining the gold standard. It provided in direct terms The Currency Act h t n tfa legal . tender notes should be re - of 1900. deemed in gold coin on demand and that a reserve of $150,000,000 of gold coin and bullion should be kept in the Treasury for this purpose solely; that notes redeemed out of this fund should not be reissued except in exchange for gold ; that if the fund should at any time fall below $100,000,000, it should be restored to the maximum sum of $150,000,000 by the sale of bonds, and that none of the proceeds of such sales of bonds should be used to meet deficiencies of the current revenues. It was also provided that there should be a complete sep- aration of the currency functions of the Treas- "I*. from its . fiscal operations. Bureaus, or divisions, of issue and redemption were estab- lished in the Department, to which were transferred all the funds held for the redemption of greenbacks, Treasury notes, gold certificates, silver certificates, and currency cer- tificates. These were to be held as trust funds exclusively, and were not to be mixed with the ordinary. receipts and disbursements of the government. The need of this pro- vision had been demonstrated by the events of President Cleveland's second term (1893-97), when the deficiencies of revenue amounted in the aggregate to $155,000,000, forcing the Secretary of the Treasury to draw Chain " D upon the gold reserve to meet the current expenses of the government. This phenome- non was designated in common parlance the " endless chain." The phrase was a misnomer. It implied that there was something in the nature of the greenback pecul- iarly adapted to the purpose of pumping gold out of the Treasury indefinitely. In practice, the holders of the notes AFTER THE WAR 163 presented them at the Treasury for redemption. After redeeming them the Secretary paid them out again, for lack of other money. Then they were presented for redemption a second time, and so on. But if the Secretary had had a surplus of daily receipts over daily expenses, the same green- backs could not have been presented for redemption twice without his consent. Hence the " endless chain " could not have existed. Under the act of 1900, which separates the currency function from the other operations of the Treasury, no such trouble can arise. Shortage of revenue cannot viti- ate the money in the pockets of the people and need not disturb their equanimity. Thus the act of 1900 does much to maintain the gold standard which had been established by law twenty-seven years earlier. The Treasury notes of 1890 are now in course of retire- ment. In the war-revenue act of June 13, 1898, the Secretary of the Treasury was directed to coin the silver bullion bought under the act of 1890 into silver dollars at the rate of not less than $1,500,000 per month. The act of 1900 provided that, as they were coined, an equal amount of the Treasury notes which had been issued to pay for the bullion should be canceled as fast as they should come into the possession of the government, and that silver cer- tificates should be issued in place of them. SJJJSJJ**" The effect of this measure will be to lessen the direct liabilities of the gold reserve by the sum of $156,000,000 and to add that amount to the silver currency, plus $62,000,000 derived from seigniorage, which is the number of silver dollars that the bullion will yield over and above the cost of the metal. Authority was granted in the act of 1900 to use a part of this bullion (about $20,000,000) for subsidiary coinage, in order to bring the total volume of the latter up to $100,000,000, a corresponding amount of Treasury notes to be canceled. 164 GOVERNMENT PAPER MONEY The Secretary of the Treasury was directed to resume the issue of gold certificates, in denominations not less than $20, in exchange for gold coin deposited in Minor Provisions th Treasur The issue of gold certificates of the Act of 1890. ' had been suspended in 1893, in compliance with the law which said that it should be suspended whenever the amount of gold in the Treasury fell below $100,000,000. It was also provided that thereafter silver certificates should be issued only in denominations of $10 and under, and that greenbacks should be issued only in denominations of $10 and upward. The Secretary was authorized, in his discretion, to issue a small amount of silver certificates in denominations of $20, $50, and $100, not more than 10 per cent of the whole amount outstanding. The object aimed at in lowering the denominations of silver certificates and raising those of greenbacks was to give the field of retail trade as much as possible to the silver certificates. The issue of currency certificates was discontinued by the act of 1900. These had been authorized by the act of June 8, 1872. Under it any national bank might deposit United States notes in the Treasury, in sums of not less than $10,000, and receive certificates of deposit, in de- nominations of not less than $5000 each, the notes to be held as special deposits and to be used only for the redemption of the certificates. These were issued for the convenience of banks in settling clearing-house balances. The reason for discontinuing their issue was that, as there was now a plentiful supply of gold certificates for clearing-house purposes, currency certificates were no longer needed. At the present time the denominations of paper currency, of all kinds, authorized to be issued and reissued are the following : AFTER THE WAR 165 Greenbacks, $10 and upward to $1000; but some notes of the denomination of $5.00, previously issued, are still outstanding. Gold certificates, $10 and upward to $10,000. Silver certificates, $1.00 and upward to $100, but not more than 10 per cent of the total volume shall be Denominations of r i u Paper Currency. of hl g her denominations than $10. National bank notes, $5.00 and upward to $100, but not more than one-third of the total issues of any bank shall be of the denomination of $5.00. Some notes lower than $5.00 and some higher than $100, issued under former laws, are still outstanding. Treasury notes of 1890, formerly issued in denominations of $1.00 and upward to $20, are now in course of retirement. None can be reissued. RECAPITULATION As government paper is a promise to pay money, its value depends upon the fulfillment, or expected fulfillment, of the promise, which, in turn, depends upon the ability and good faith of the issuing government. Several of the American states in the colonial period, whether able to redeem their paper or not, were unwilling to do so. The government of the Revolution and that of the Southern Confederacy, whether willing to redeem their paper or not, were unable to do so. The government of the United States after the Civil War, although able to redeem its paper, postponed redemption fourteen years. During that interval its policy in reference to redemption underwent frequent changes and was involved in doubt. Congress voted in December, 1865, in favor of the early resumption of specie payments. In pursuance of this design, in April, 1866, it passed a law for retiring and 1 66 GOVERNMENT PAPER MONEY canceling the legal-tender notes at the rate of $4,000,000 per month. In February, 1868, it repealed the last-mentioned act, $44,000,000 of the notes having been retired meanwhile. In 1873 the Treasury Department reissued $26,000,000 of the retired notes, without authority of law. In 1874 Con- gress passed a bill to reissue the entire $44,000,000, but President Grant vetoed it, and it was not passed over the veto. In 1875 Congress passed an act to provide for the resumption of specie payments on the ist of January, 1879. In 1877 the House passed a bill to repeal the specie resumption act, but this was defeated in the Senate by one vote. Both houses passed a bill providing that the legal- tender notes should not be retired when redeemed, but should be paid out and kept in circulation. The amount of notes then outstanding was about $346,000,000. Specie resumption took place January i, 1879. In 1890 Congress passed a law for a new emission of legal-tender notes of indefinite amount, to pay for silver bullion to be stored in the Treasury. The new issues of notes were followed by the exportation of gold to nearly the same amount and by a disastrous financial panic. This shifting policy indicates that there will always be uncertainty in respect of the redemption of government paper and of the amount issued. Such uncertainty attaches to the United States notes now outstanding, since it depends upon the political majority to decide what amount shall be issued and whether redemption shall continue or not. For this reason the notes should be redeemed with the surplus revenue of the government and canceled as soon as possible. CHAPTER VI SILVER DOLLARS AND THE PANIC OF 1893 WHILE Secretary Sherman was selling bonds for gold, to prepare for the resumption of specie payments, Congress was passing a bill for the remonetization of silver. In 1876 this metal had declined 9 per cent from our old ratio of 1 6 to i. The currency expansionists, who had been sorely disappointed by President Grant's veto of the Infla- tion Bill and by the loss of the Ohio elec- ^ on ' turn d eagerly to silver, as a means of accomplishing the ends which they had failed to reach with greenbacks. Silver, they said, was a product of labor. Its quantity could not be increased suddenly. It was the dollar of our fathers. It was the dollar of the poor man, of the debtor, of the common people. Looking at the law, they discovered that the silver dollar had been abolished by an act of Congress, passed in 1873, and that those of them who were members of Congress at that time had voted for it. So they said that they had been tricked and deceived, that this act of 1873 was a con- spiracy against the debtor class, and that it was passed in a clandestine manner. They declared that this was a great wrong. Many people who had no particular interest to be served by inflation really thought that a wrong had been done. Some of them even thought that the wrong -had been done to silver itself, by depriving it of the "legal right of coinage." 167 168 GOVERNMENT PAPER MONEY The charge that the act of 1873 was passed secretly was absurd en its face, since there is no way under our sys- tem of government to pass a law secretly. The act was called the "crime of 1873 " ; and the accusation was reiter- ated frequently and supported by forged documents and false swearing in the political campaigns of The ^na twenty successive years. Due diligence had been shown by the framers and promoters of the law to publish and explain its provisions, but very few persons, either in or out of Congress, took any interest in the question ; and of those who did so nearly all were in favor of its passage. Nor would any charge of fraud and secrecy have been brought against the supporters of the measure, if silver had not subsequently fallen in value. The bill was introduced in both houses in 1870, at which time 1 6 ounces of silver were worth 40 cents more than i ounce of gold. Nor was there any time during the three years while the measure was pending in Congress when silver was worth less than gold according to the legal ratio. Hence there was no motive for deception. The persistence of the charge of fraud during so long a period of time, in the face of so many opposing facts, is one of the most singular episodes in our political annals. The movement for the remonetization of silver acquired considerable strength in 1876. The opponents of the Infla- tion Bill were taken by surprise when the controversy assumed this new form. More- Remonetization. * over, the question of bimetallism was something new and strange. Many persons who had considered green- back inflation ruinous were glad to have escaped the evil of unlimited paper but could see no harm in silver dollars. The opponents of silver were of three classes : (i) those who were opposed to it in any form except as subsidiary coin ; (2) those who were opposed to free coinage except SILVER DOLLARS AND THE PANIC OF 1893 169 by international agreement ; (3) those who did not believe that an international agreement was practicable but who wanted to gain time, hoping that the excite- o^Parties 11 rnent would pass away. The advocates of silver were likewise of different types : (i) The silver miners, who wanted to sustain the price of their product ; (2) the currency inflationists, who had been defeated and were glad to find a new weapon to their hand in place of the greenback 1 ; (3) a multitude of misinformed persons, who thought that an injustice, if not a fraud, had been committed in the demonetization act of 1873. On July 26, 1876, just before the adjournment of Congress, Mr. Kelley of Pennsylvania introduced a bill to restore the coinage of the silver dollar, as it had The Bland Bill. existed prior to the act of 1873, and moved to pass it under suspension of the rules, which required a two-thirds majority. The bill failed : yeas 119, nays 68. A similar bill was introduced by Mr. Bland of Missouri the following year, and was passed by the House November 5, 1877, by 164 to 34. In order to defeat free coinage and gain time, some of its opponents in the Senate said that it would not be right to 1 An inflationist is one who desires that the government shall do something to make money more plentiful and prices higher, and whose political action is directed to that end. Professor Charles J. Bullock, in his Essays on the Monetary History of the United States, shows by statis- tics that the support of the silver movement in the several states was generally in inverse proportion to the density of population and the abun- dance of capital. Thus eleven states whose density was above 60 per square mile supported the gold standard in the election ot 1896. Of eighteen states whose density was between 21 and 46, only eight sup- ported the gold standard. Of sixteen states whose density was less than 18, only four supported the gold standard. " It is evident, there- fore," says Mr. Bullock, " that the inflationist movement at the present day, as in all previous times, finds its strength in the sparsely settled regions, where the scarcity of capital is most keenly experienced " (p. 119). I/O GOVERNMENT PAPER MONEY give to those who happened to be the owners of silver bul- lion, or who were digging it out of the ground, an advantage of 9 per cent over everybody else ; that this profit ought to accrue to the government ; that, since the government had no silver bullion, it ought to purchase a certain quantity at the market price, coin it, and sell the resulting coins to the people, or use them to pay its expenses or to buy more bullion. This was a plausible argument to defeat the Bland bill and was probably the only one by which a free-coinage bill could have been prevented from passing at that time. An amendment proposed by Senator Allison Amendment ~~ P roy iding for the purchase of not less than $2,000,000 worth, and not more than $4,000- ooo worth, of silver bullion each month, to be coined into dollars of full legal tender and to be paid out like any other money in the Treasury was adopted by the Senate and accepted by the House. The bill was vetoed by President Hayes, on the ground mainly that it em- bodied a violation of contracts which had been entered into since 1873, by introducing a less valuable payment than was contemplated by the parties. The bill was, however, passed over the veto and became a law February 28, 1878. The votes taken in the House fairly represented the state of public opinion at the time. There were 73 votes to sustain the President's veto i.e., against silver in any form and 196 in favor of the limited coinage of the Allison amendment. As between the latter and the original Bland bill the vote was 203 to 72. The party of moderation and compromise exceeded the extremists on both sides. One section of the Allison amend- ment, which authorized the President to invite an inter- national monetary conference, led to the Paris conference of 1878. Another section authorized any holder of silver dollars to receive certificates of deposit from the Treasury SILVER DOLLARS AND THE PANIC OF 1893 \J I in exchange for them, in denominations 'not less than $10, such certificates to be receivable for all government dues. On November 12, 1878, the New York clearing house, after a personal conference with Secretary Sherman and in anticipation of the resumption of specie payments, voted to admit the sub-treasury to the clearing house, for the purpose of settling balances between the government and the banks ; to receive and pay balances in gold or in legal-tender notes ; to prohibit payment of balances in silver dollars or silver certificates, except in sums under $10; and to receive silver dollars from customers as deposits only under special con- tract to withdraw the same in kind. In 1882 Congress passed an act amendatory of the national banking law. In it was inserted a provision that " no national banking association shall be a member of any clearing house in which such [silver] certificates shall not be receivable for clearing-house balances." The New York clearing house thereupon rescinded its rule discriminating against silver certificates but did not discontinue the practice. The members voluntarily declined to pay them to each other. The Bland-Allison Act did not make money more plentiful than it would otherwise have been, but merely substituted silver in place of gold. Two operations were going on, side by side. The mint, regarded as a manufactory, was paying out gold already in its possession, in order to purchase silver bullion, and was selling the coins so produced, crediting itself with the seigniorage, i.e., the difference between the raw material and the finished product. On the other hand, the people needed a certain number of instruments of exchange, called dollars, for the transaction of their daily business. These instruments they paid for Modus operand!. . with their labor and their property, at the rate of 100 cents gold per dollar. Obviously they could have whichever metal they preferred, since gold value will always bring gold. Thus the bill did not make money more plenti- ful, although it seemed to do so, but merely substituted one kind of money for another. The mode of operation was as follows : The government bought (say) $2,500,000 worth of silver bullion, paying gold for it. When the silver dollars were produced, it might pay them out like any other m'oney or it might make its next purchase of silver bullion with the dollars, or the certificates, resulting from the last purchase. If there was a public demand for this kind of money, the dollars would stay out. If not, they would come back to the Treasury through the custom house and the tax office, taking the place of gold in the payment of government dues. The officers of the Treasury were slow in learning how to ward off the evils of this queer kind of currency, of which they had had no previous experience. Each secretary restricted the coinage of silver dollars to the lowest amount permitted by the law, viz., $2,500,000 per month, or $30,- 000,000 per year. As the coins were bulky and inconven- ient, the people refused to take any large quantity. At the end of June, 1879, only $8,000,000 had gone Slow Circulation j n j o circulation, out of $^6,000,000 coined. of the New . ' ' Dollars. The remainder were in the Ireasury, 1 an inert mass. Inasmuch as the government had a surplus of revenue more than sufficient to pay for the monthly purchase of silver bullion, no present harm resulted. The prosperity resulting from the crop conditions of 1879 and 1880 called for an increase of the circulating medium and not merely led to the large importations of gold referred to in the preceding chapter, but drew out of the Treasury nearly all of the accumulated silver. This was taken in the form of certificates, in exchange for gold. The movement 1 See Taussig's Silver Situation in the United States (second edition), which may be studied with profit for all periods down to the end of 1896. SILVER DOLLARS AND THE PANIC OF 1893 was accelerated by an offer, on the part of the Treasury, to pay silver certificates in the West and South, in exchange for gold deposited in the sub-treasury at New Rapid Movement y k whenever the rate of exchange was in 1879 and 1880. in favor of the West and South, the person desiring to make remittances could save express charges by accepting the government's offer. In this way the sur- plus silver in the Treasury was worked off for the time being. "For the three years 1881, 1882, and 1883, the silver currency was absorbed by the public as fast as the dollars were coined at the mint." 1 A trade reaction began in 1884. The silver already in circulation remained there, but the annual addition con- tinued. As fast as it was paid out by the Crisis in 1884. . .. Treasury, it returned in the receipts for taxes. Simultaneously the public revenue began to decline, and the gold reserve showed a shrinkage of $34,000,000 in 1884-85. Gold receipts for customs duties fell from 75 per cent of the whole to 36 per cent, and silver receipts rose from 17 per cent to 36 per cent, the other receipts being greenbacks. In Boston, where the banks made no discrimination against silver, the certificates constituted so large a part of the cir- culation that, when it became necessary to send money by express to New York, a sufficiency of gold or greenbacks could not be obtained, and a premium of one-half of i per cent on funds bankable in New York prevailed in Boston for a short time. The New York banks even turned in $6,000,000 of their gold to the Treasury, in exchange for fractional currency, in order to avert the use of silver certificates by the Treasury in the settlement of clearing-house balances there. In 1885 the Secretary of the Treasury, Mr. Manning, perceived that the true method of utilizing the silver 1 Taussig, 24. GOVERNMENT PAPER MONEY currency was to force it into retail trade. To make room for it, he gave orders to stop the issue of greenbacks of less denomination than $5.00 and to retain all such that came into the Treasury in the way of col- Smaii silver lections, in order to create a necessity for Certificates introduced. the use of silver. In 1886 he procured from Congress authority to issue silver certifi- cates of the denominations of $1.00, $2.00, and $5.00. As national bank notes smaller than $5.00 had been for- bidden some years earlier, the field of small paper circula- tion was thus secured for silver certificates. Thereupon the demand for them became very large, rising in 1890 to $175,000,000 in denominations of $5.00 and under, and to $293,000,000 in all. The number of coined dollars in circulation at that time was $56,000,000 in addition. The introduction of small silver certificates happened to coincide with a shrinkage of the volume of national bank notes due to the redemption of the 3 per cent bonds and to a rapid advance in the price of other bonds, which made it profitable for the banks to retire their circulation, sell their bonds, and realize the premium. 1 One hundred and sixty-eight million dollars of the bank notes were retired between November, 1882, and February, 1890, that is, in seven years and three months. The output of silver dollars during the same period was only $50,000,000 in excess of the bank notes retired. 1 " In 1883 upwards of $353,000,000 government bonds were on deposit as a basis of bank-note circulation. Out of this total more than $200,000,000 were in the 3 per cents, and it was naturally these very 3 per cents which the Treasury selected in its public debt redemption [because they were subject to call at par]. Whenever such bonds were called for redemption, the bank possessing them was com- pelled either to replace them with other government issues bought in the open market, or else to retire its circulating notes." NOYES' Thirty Years of American Finance, p. 108. SILVER DOLLARS AND THE PANIC OF 1893 1 75 When the silver coinage act was passed in 1878, its oppo- nents predicted that sooner or later it would cause a finan- cial panic. They said that, since the metallic value of the silver dollars was not equal to the face value, Panic predicted. . .,/. they were simply a new kind of fiat money, and that, whenever they should become redundant, they would act like any other fiat money, like the greenbacks at the beginning of the war, for example. There would then be a change in the standard of value, if the coinage were continued. This was a true prophecy, but the fulfill- ment was delayed by the shrinkage in the national bank circulation and by the retirement of small greenbacks, which created a vacuum for the new silver to fill. But this was a silent operation. The public could not understand it, and so, as the years rolled on and no harm came from the coining of silver dollars, the predictions of panic fell under popular ridicule. The passage of the Sherman Act of 1890 and the reasons for it have been considered in the preceding chapter. 1 There were now three kinds of fiat money The Act of 1890. J which the government, according to its de- clared policy, must keep at par with gold, namely, green- backs, Treasury notes, and silver dollars. All three rested, and still rest, upon the gold resources of the Treasury. Those resources consist of its accumulated reserve and of its daily receipts. It is immaterial, as regards the govern- ment's gold balance, whether redemption is made at the place where the reserve is paid out (the sub-treasury) or where the receipts come in (the custom house). The effect upon the balance is identically the same in the two cases. Nearly $50,000,000 of new fiat money came into the channels of business the first year after the passage of the 1 Page 159. 176 GOVERNMENT PAPER MONEY Sherman Act ; and, as it happened, an equal amount .of the surplus in the Treasury was paid out by enlarged appro- priation bills passed by Congress. These Gold Movements additions to the circulating medium presaged of 1891 and 1892. renewed exports of gold, which took place in the first half of 1891 to the amount of $74,000,000, a sum hitherto unexampled for a single period of six months. The harvests of 1891, however, happened to give tempo- rary relief from the consequences of bad financiering. " The United States produced in that year the largest grain crop in its history before or since. While Europe's total wheat yield decreased 156,000,000 bushels from that of 1889, our own crops increased 255,000,000 bushels, the largest American crop on record." l The foreign exchanges turned in our favor, and we imported $50,000,000 gold in the six months succeeding the harvest. This was merely a streak of luck. As soon as the foreign demand for our grain was satisfied, the new fiat money began once more to produce its usual effects. Gold exports were resumed in 1892. In November of that year the gold in the Treasury had fallen from $185,000,000 (in August, 1890) to $124,000,- ooo and was still declining. Secretary Foster Action of Secre- , , , ,,,1 v XT tarv Foster was mucn depressed. When he came to New York to speak at a dinner of the Chamber of Commerce, he said, among other things, that the govern- ment intended to maintain gold payments, even if it became necessary to sell government bonds for the purpose. This was an admission on his part that gold payments could not be continued without resorting' to extraordinary means. Probably Mr. Foster made this speech in order to test public sentiment and to find out whether he would be sustained in issuing government bonds in time of peace. There had been no increase of the bonded debt since the close of the 1 Noyes, 164. SILVER DOLLARS AND THE PANIC OF 1893 177 Civil War, and some persons in high place denied that there was any legal authority to issue new bonds. Apparently Mr. Foster was satisfied by the applause with which his announced purpose was received by his hearers and by the press, for shortly afterward he issued an order to the Bureau of Engraving and Printing to prepare new bonds. This order was dated February 20, 1893, and Mr. Foster was to go out of office on the 4th of March. Naturally, he pre- ferred to put upon his successor the onus of issuing the bonds, if he could. So he came to New York and persuaded the banks to give him a few millions of gold in exchange for legal-tender notes, enough to carry him along till the 4th of March. This enabled him to glide out of office leaving the $100,000,000 redemption fund intact, but with only $982,410 gold in excess of that sum and with the penumbra of a deficit in full view. The shrinkage of the government's reserve and the con- tinued outpour of fiat money had shaken the confidence of the business communities on both sides of the water. The banks no longer furnished gold to their customers who desired it for export, but gave them legal-tender notes instead. Hitherto no doubt had crossed the minds of the community that the government would redeem its notes on demand, but now it was seriously questioned whether the Treasury could maintain gold payments. The bankers did not know whether the new Secretary of the Treasury, Mr. Carlisle, would take steps to replenish his reserve, and they could not know whether any steps he might take would be effectual. So they kept their gold and paid their debts with legal-tender notes. When Secretary Carlisle came into office, he saw bank- ruptcy approaching. The gold receipts of the Treasury were now less than 9 per cent of the total receipts. He first followed his predecessor's example by soliciting gold 178 GOVERNMENT PAPER MONEY from the banks in New York City. The banks responded by turning $8,000,000 into the Treasury, in. exchange for legal tenders. This was quickly dissipated, Panic of 1893. and on April 15 the Secretary was obliged to acknowledge that the $100,000,000 fund had been encroached upon. It was the first time that this had happened since the fund was created. On the 2oth the Secretary gave a newspaper interview, which was construed by the public to mean that he had doubts whether the $100,000,000 fund could be lawfully used for the redemp- tion of the Treasury notes of 1890. This was a fresh cause of alarm, which was, however, soothed by a later announce- ment from President Cleveland that the redemption of those notes in gold would be continued under all circum- stances. On the 26th of June the news came that the mints of India had been closed to silver, and the price of that metal fell in three days from 82 cents to 67 cents per ounce. A run on the banks began at once. One hundred and fifty- eight national banks and four hundred and fifteen state and private banks were compelled to close their doors. The question has been much discussed whether the finan- cial disturbance of 1893 was a typical commercial crisis or a money panic. A commercial crisis is a shattering of the credit system due to speculation and malad- justment of industry. If the conditions of pro- duction and consumption were at all times well balanced, so that no more wheat, cloth, iron, houses, fac- tories, ships, railroads, etc., were produced than could be sold or used at a profit, then each producer would be able to pay his debts promptly and there could be no commercial crisis. But in the complex conditions of modern society no such equable distribution of capital and labor is pos- sible. There is no omniscient eye to tell us when we are SILVER DOLLARS AND THE PANIC OF 1893 producing too much of one thing or putting too much capital and labor into certain lines of business. The commercial world is, accordingly, subject to periodical crazes, in which there is a general rush to buy things -and invest money in ways which promise unusual gains. Prices are inflated and particular branches of trade are overloaded and cease to be remunerative. Then the adventurers cannot meet their obli- gations, and their creditors are crippled or made bankrupt. Lenders of money become alarmed and the credit system breaks down. The genesis of every true commercial crisis can be traced to such a disproportionate investment of capi- tal in some particular branch or branches of trade and in speculation. A money panic, on the other hand, may come at a time when trade is in a normal and sound condition. Anything which threatens to impair the quality of the money in cir- culation may dry up the springs of credit, cause extensive failures, and produce some of the phenomena of a com- mercial crisis. Such conditions existed in 1860 and 1861, when a large part of the circulating medium of the country was based on bonds of the Southern States, which were taking steps to secede from the Union. It cannot be denied that there was some unsound trade in 1893, but the one-sided development of industry and the top-heavy stage of speculation which mark the real commercial crisis were not general. On the other hand, the perils which menaced the standard of value were sufficient to account for the alarm and for most of the consequences that ensued. 1 1 "It is true that the years immediately preceding 1893, while they had been years of activity, had not shown the feverish speculation which commonly precedes the storm. Yet in some parts of the West, notably in Colorado, there had been wild gambling in land; and, what was probably more important, there had been in preceding years, from 1886 to 1890, a great deal of reckless investment in railways and in iron-making industries. Certainly some great railway corporations had I So GOVERNMENT PAPER MONEY Two powerful causes contributed to the panic of 1893: (i) a deficiency of revenue, pointing to the necessity of using the gold reserve to meet the current expenses of the government ; (2) a fear in the public mind Panic 8 C ^ est tnere be a change in the standard of value. Yet, when the panic came, there was no observable tendency on the part of bank depositors to draw gold. What the frightened people wanted was the means of payment and especially the payment of wages. Government notes, bank notes, silver certificates, silver dollars, and subsidiary coins would meet this want as well as gold, and even better in some respects, because obtain- able in the smallest denominations. All these things com- manded the same premium as gold over certified bank checks in Wall Street. If there was any premium on gold over other currency, it was veiled under the rate of exchange. The government itself replenished its stock of gold to some extent by offering to deliver notes in New York in exchange for gold deposited in other cities, and vice versa. The cost of transferring the funds was a premium on gold. On June 30, 1893, President Cleveland issued a call for an extra session of Congress expressly to repeal the Sherman Act. The time for meeting was August 7. A bill to repeal the silver purchasing clause was promptly P^r d ch f as t , h n e g SilVer P aSSed b X the H USe > b y a VOte f 2 39 to 108. In the Senate there was a long delay, due to the lack of any rule for terminating debate. It seemed at one time as though the country was on the eve of some great change, in consequence of the revolutionary conduct of certain senators in refusing to allow a vote to be taken. been living from hand to mouth for several years before 1893, borrowing heavily on short time, hoping for a turn in their favor, helped for a while by the favorable conditions of 1891 and 1892, and finally brought to bankruptcy by the panic." TAUSSIG, pp. 138, 139. SILVER DOLLARS AND THE PANIC OF 1893 l8l But filibustering came to an end at last, and the repealing bill passed the Senate October 30, by 43 to 32. The consequences of the panic did not come to an end, however. The Treasury deficit was not checked by the repeal of the Sherman Act. The gold reserve had declined from $99,000,000 in July, 1893, to $65,000,000 in January, 1894. This was due, not to the presentation of notes for redemption, but to an excess of ordinary disbursements over ordinary receipts. The deficit was now running at the rate of $5,000,000 per month. The cash balance in the Treasury other than gold was only $12,000,000. The situation was alarming. At this juncture some of President Cleveland's political friends, who had joined in repealing the Sherman Act, asked him to agree to a measure for coining, in advance, the seigniorage of the bullion purchased under << coining the h Thg whole amount of bullion pur- Seigniorage." chased for $156,000,000 would produce 218,- 000,000 silver dollars. The difference between these two sums ($62,000,000) would be seigniorage whenever the coinage should take place, but the Sherman Act had not contemplated the coinage of the bullion at any definite time. If the seigniorage were coined in advance, the new silver dollars would be in the Treasury, and if paid out would aggravate the existing evil, like a new issue of green- backs or of any other fiat money. If not paid out, people would naturally ask why they had been coined. Moreover, coining the seigniorage would have been interpreted as a sign of vacillation and weakness on the part of the Execu- tive and would have added to the prevailing panic. For these reasons Mr. Cleveland properly refused to give his assent to the proposed measure. When Congress met in regular session in December, 1893, Secretary Carlisle laid before it the exact condition 1 82 GOVERNMENT PAPER MONEY of the Treasury, and recommended that his borrowing powers be enlarged and modernized by giving him authority to issue government obligations bearing 3 per cent interest and redeemable in one year. Such obligations would be akin to the Exchequer bills issued in emergencies by the British government. But Congress was in a ndi en sullen mood. The Democrats were angry with President Cleveland for compelling them to repeal the Sherman Act. The Republicans could see no objection to a family quarrel among their opponents or to the pecuniary embarrassment of the Administration. If the Secretary could extricate himself by means of existing laws, well and good ; otherwise the government might go to protest. Neither branch of Congress would lift a finger to prevent it. It was now necessary to do something decisive. Under the Resumption Act of 1875 the Secretary had power to sell any one of three classes of bonds for the purpose of beginning and continuing the redemption of United States notes. Another law, not noticed at the time, gave him power to buy coin at his discretion and to pay for it with any bonds authorized by law. In January, 1894, the Secretary advertised, under the act of 1875, the sale of ^ g ond $50,000,000 of 5 per cent bonds, to run ten years and to be sold at the rate of $117.223 gold for each $100, thus making the rate of interest equal to 3 per cent. These were taken mostly by the New York City banks. In this sale the element of coercion was not wholly wanting. The banks were not free to take the bonds or not, according to the attractiveness of the investment, but were obliged to consider what would happen to themselves, in common with the commercial world, if the loan should fail. When they looked at that side of the shield, they saw sufficient reasons for lending their money to the government SILVER DOLLARS AND THE PANIC OF 1893 183 at 3 per cent. The sale brought in $58,660,917, and the Treasury gold reserve was carried up to $107,446,802 in March, but it did not remain there long. Gold exports began again in April and continued heavy till September. The withdrawals reduced the Treasury reserve to $52,189,500 in August. The Secretary was compelled to advertise a new sale of $50,000,000 of bonds. This was effected in Novem- ber, 1894, at 117.077, realizing $58,538,500, and bringing the Treasury reserve up to $105,424,569. The second loan did not have a soothing effect. On the contrary, it convinced the public on both sides of the water that the United States was nearing bankruptcy. In the midst of the trouble, a rumor gained acceptance in Wall Street that the Treasury officials were keeping a list of the persons who drew gold, intending to visit displeasure on them later. This was naturally interpreted as a sign 1 of panic inside the Treasury. It augmented the panic outside and led to larger withdrawals of gold than would otherwise have taken place. In the ten weeks following the second loan, $80,000,000 gold was drawn from the Treasury. Of this sum $36,852,000 was exported, and the remainder, $43,148,000, was presumably hoarded. This was a run on the Treasury, the like of which had not been known before. The danger had come so rapidly that steps for a new loan had not been taken in time to ward off the crisis. There was a gloomy conference at Washington between the President, the Secretary and two or three bankers from New York. The President was told that another sale of bonds by advertisement would require at least two weeks' public notice and that, meantime, the Treasury would have suspended payments. The assistant treasurer in New York had, in fact, notified the Secretary that he could not hold out more than two days longer, as things were then going. President Cleveland did not believe that 1 84 GOVERNMENT PAPER MONEY he had legal authority to sell bonds in any other way than in pursuance of public advertisement and competing bids, but at this juncture, Mr. W. E. Curtis, assistant secretary of the Treasury, drew attention to the following clause of the Revised Statutes: SEC. 3700. The Secretary of the Treasury may purchase coin with any bonds or notes of the United States authorized by law, at such rates and upon such terms as he may deem most advantageous to the public interest. A sudden change came over Wall Street. Gold with- drawals from the Treasury, which in January had ranged from $1,000,000 to $7,000,000 per week, fell on the 2d of February to $67,000. News came from Washington that the President had made an arrangement with a ^ f g Synd syndicate of American and foreign bankers, under the statute above cited, to provide the Treasury with 3,500,000 ounces of gold coin, equal to $65,117,500; that at least one-half of this gold should be brought from Europe, at the rate of 300,000 ounces per month, and that the syndicate should " exert all financial influence and make all legitimate efforts to protect the Treasury of the United States against the withdrawals of gold pending the complete performance of this contract." The bond deliveries were to be made concurrently with the payments, and the terms of the contract allowed six months for its entire fulfillment. This signified that, besides replen- ishing the Treasury, the syndicate had undertaken to stop the export of gold for six months, or at least to use all their financial powers to that end. This coin was to be pur- chased with 4 per cent thirty-year bonds at 104.49, a t which rate the interest would be equal to 3^ per cent. The syn- dicate, however, agreed to accept 3 per cent interest instead of 3| per cent, if Congress would make the bonds specifically SILVER DOLLARS AND THE PANIC OF 1893 185 payable in gold. President Cleveland sent the contract to the House, with a recommendation that this change be made, saying that it would save the government $16,174,770 in interest payments during the time the bonds would run; but the House rejected the proposition, by 120 to 167. By this transaction the Treasury's gold reserve was brought up to $107,000,000, and the syndicate did actually prevent withdrawals from the Treasury for remittance abroad for four or five months, although the rate of exchange would have warranted gold shipments. This they accomplished by using their own credit in London and selling sterling exchange at the current rate. But their ability to continue this operation depended upon the state of international trade in merchandise and securities, and eventually the demand for remittances on trade account became so heavy that they could not supply it by their own credit merely. The with- drawals for export began again on a large scale in August, and the reserve was down to $79,000,000 at the beginning of December. The syndicate operation of 1895 was assailed with vehe- mence in Congress, on the ground that the terms were too onerous to the government. This objection was urged for the most part by men who, by refusing to make the bonds payable in gold, had themselves added $16,000,000 to the public burdens. It is true that the syndicate loan was onerous, as compared with those immediately preceding, but the reason was that it came at a time when the public credit was at a low ebb. 1 1 In a monograph entitled " Appreciation and Interest " (Publica- tions of the American Economic Association, August, 1896), Professor Irving Fisher presents a table showing the rates of interest realized on silver bonds (rupee paper) and on gold bonds of the Indian government in the London market from 1865 to 1895. Until 1875 tne difference was slight, not greater perhaps than might be accounted for by the 1 86 GOVERNMENT PAPER MONEY While the financial world was in the sensitive and strained condition indicated above, President Cleveland (December 17, 1895) sent a message to Congress on the subject of the boundary line between Venezuela and British Guiana. The message was construed as a threat of war against Great Britain in certain contingencies. There was Panic of 1895. . . an immediate panic in Wall Street, accompa- nied by renewed exports of gold. The President again appealed to Congress (December 20) not to adjourn for the holidays without having "done something" to quiet the apprehensions of the public at home and abroad as to our financial soundness and honesty. Congress was willing to pay the expenses of a commission to determine the boun- dary of British Guiana, but would do nothing to ward off national bankruptcy. The holiday recess took place as usual. Meanwhile the withdrawals of gold from the Treas- ury were increasing, $20,000,000 being taken in December, of which $15,000,000 was exported. In January the reserve had fallen to $49,800,000. On January 6, 1896, the Secretary of the Treasury adver- tised the sale of $100,000,000 of 4 per cent Bond'saie 00 3o-year bonds. The loan was largely over- subscribed and was taken at the average price of 111.166, at which rate the interest was equal to 3.39 per cent. After the payments had been made, the Treasury reserve stood at $128,000,000. Exports of gold continued till August, when the reserve fell to $100,957,561. This was preference of investors for payment in London instead of Calcutta. In 1876 the decline of silver had become disturbing. Silver bonds sold at a rate which realized 4.1 per cent to the investor and gold bonds 3.7 per cent ; in 1890 silver 4 per cent, gold 3 per cent; in 1895, s il ver 3.4 per cent, gold 2.8 per cent. The difference in the last-named year was 0.6 per cent, which was approximately the difference that the bond syndicate of 1895 offered to make between a gold bond and a "coin" bond of the United States. SILVER DOLLARS AND THE PANIC OF 1893 1 87 within a small fraction of the sum turned over to Secretary Carlisle by his predecessor, Mr. Foster. Meanwhile the sum of $293,481,894 had been borrowed. The deficiency of revenue in the fiscal years 1894, 1895 and 1896 was $137,811,730, and the whole amount of money spent for silver bullion under the Sherman Act was $155,981,002. It is noteworthy that these two sums together equal the gov- ernment's borrowings, within a small fraction. If the diffi- culties of 1893-96 had been merely those of a deficiency of revenue, probably all parties would have cooperated to bring them to an end by means of increased taxes and a temporary loan. But since the standard of value, the principal political issue of the day, was involved in the solution of the fiscal problem, no such cooperation was possible. The Sherman Act provided that two million ounces of the bullion purchased should be coined into silver dollars each month until July i, 1891, and that thereafter only so much should be coined as might be necessary to provide for the redemption of the Treasury notes issued to buy the bullion. It provided also that the amount of Treasury notes outstanding should be neither greater coinage of the nor j ess than the cost of the silver bullion Silver Bullion in . , - the Treasury. an d the silver dollars coined therefrom then held in the Treasury. Accordingly, when any Treasury notes were redeemed with silver dollars, it would be necessary to cancel them, in order to make the notes still outstanding equal to the silver still in the Treasury. If redeemed with gold, the notes would be reissued. As there is no provision for restoring canceled notes, it follows that the total amount of them in existence must be diminish- ing in exactly the ratio that redemption of them with silver takes place. This process, as explained in the preced- ing chapter, has been accelerated by the acts of 1898 and 1900. 1 88 GOVERNMENT PAPER MONEY Under the acts of 1878 and 1890 the purchases of silver were as follows : Silver bullion purchased under the act of February 28, 1878, fine ounces 291,272,018 Total coinage of silver dollars under said act .... $378,166,793 Total cost of silver bullion used in such coinage . . . $308,279,261 Silver bullion purchased under the act of July 14, 1890, fine ounces 168,674,682 Cost of same $155,981,002 Silver dollars coined and to be coined there- from $218,000,000 Less subsidiary coinage 20,000,000 ~~ $198,000,000 Total coinage of silver dollars under both acts .... $576,166,793 The first section of the act of March 14, 1900, says that all forms of money issued or coined by the United States shall be maintained at a parity of value with the gold stand- ard, and that " it shall be the duty of the Secretary of the Treasury to maintain such parity." It does Act of 1900. . J . not provide any means, however, by which to maintain parity. This omission is the more remarkable since the bill as originally reported and passed by the House contained a clause expressly for that purpose. The silver dollar is a larger kind of subsidiary coin, and should be treated by the government exactly as the smaller ones are treated. The government has received the value of a gold dollar for every silver one emitted, and is there- fore bound in equity to redeem the dollars as Direct Redemp- jj redeems the halves, quarters, and dimes. tion of the Silver Dollar Desirable. It is not strictly necessary that the small change should be redeemed, but it is a great public convenience, as is shown by the fact that the redemp- tions amount to upwards of $32,000,000 per year. 1 The 1 See Treasurer's report for 1900, p. 32. SILVER DOLLARS AND THE PANIC OF 1893 189 government exists for the benefit of the people, and the cost of making the redemptions has been paid in advance by the seigniorage on the coins. There are additional reasons, however, for direct redemp- tion of the silver dollars. One is that such coins are un- limited legal tender between individuals. Another is that there is a certain amount of public apprehension and lack of confidence touching any coin which passes for more than its metallic value. This fear would be removed by direct redemption of the silver dollar. If such redemption were provided for by law, it would never be availed of except in cases of necessity. In such cases it would be universally desired. The silver dollar has so far ceased to be a political issue that the future disposition of it may soon be decided on economic grounds alone. A bill is now (1904) pending in Congress, with the approval of the Secretary of the Treasury, to convert silver dollars into subsidiary coins as fast as the latter are needed. The annual increment of subsidiary silver due to the growth of population and retail trade is about $5,000,000. If the policy is adopted of recoining the dollars into smaller pieces instead of buying new bullion therefor, the government will eventually recover the money that was expended under the Bland and Sherman acts, and the silver dollar will cease to be an object of suspicion and alarm in financial circles. The silver thaler pieces of Ger- many are in this way rapidly disappearing under the Treasury order of the year 1900, mentioned on page 66 ante. RECAPITULATION In 1873, by an act of Congress revising the coinage laws, the silver dollar was omitted from the list of coins authorized to be struck at the mint of the United States. At that GOVERNMENT PAPER MONEY time the metal in a silver dollar was worth more than 100 cents gold. Any silver dollars previously coined remained full legal tender, but the metal silver was demonetized by that act. There was a gradual decline in the value of silver after 1873. In 1876 the price had fallen so that the metal in a dollar was worth only 89 cents. There was a movement in Congress and a popular agitation to remonetize silver. A bill for this purpose was passed by the House in 1877, and was amended by the Senate so as to provide for a limited coinage of silver dollars from bullion purchased by the gov- ernment. In this form it became a law February 12, 1878. It did not remonetize silver, since it did not authorize the coinage of that metal in unlimited quantities for private persons. It was entitled " an act to authorize the coinage of the standard silver dollar and to restore its legal-tender character," but the phrase " standard silver dollar " was mis- leading, since the silver dollar had ceased to be a standard and was not made such by that act. The act remained in force about thirteen years. Under it the government paid $308,000,000 for silver bullion, from which it coined 378,- 000,000 silver dollars, which it paid out of the Treasury at par. The seigniorage, or apparent profit, was about $70,000,000. In 1890 the act of 1878 was repealed and another act was passed, enlarging the government's purchases of silver bullion and providing that payment be made with legal- tender Treasury notes, which should be redeemable in "coin." This act remained in force about three years. Under it the government issued its legal-tender notes to the amount of $156,000,000. Simultaneously with this act a bill was passed making changes in the tariff by which the revenues of the government were largely reduced, and a deficit became inevitable. The output of legal-tender notes was accompanied by an exportation of gold of about equal magnitude. The reserve of gold in trie Treasury known as the greenback redemption fund fell below the $100,000,000 mark in April, 1893. A financial panic ensued. It was succeeded by a severe and prolonged commercial crisis, during which it became neces- sary for the government to sell bonds on four different occa- sions to replenish its gold reserve. Congress was called together in extraordinary session in the summer of 1893 to repeal the silver act, and it did so. It refused, however, to take any other steps to improve the public credit, although repeatedly urged to do so by the President and the Secretary of the Treasury. The reason why it refused was that the standard of value was the leading issue in national politics. Anything tending to improve the public credit helped the gold standard, which the majority in Congress at that time did not desire. The following statistics embrace facts of importance : Gold drawn from the Treasury by redemption of legal- tender notes in 14 years, 1879-92 inclusive .... $43,310,887 Gold drawn in 4 calendar years, 1893-96 483,538,788 Gold exported during same period 344,248,036 Borrowed by the government, same period 293,481,894 Bonds issued, same period 262,315,400 Bonds issued for gold redemption fund and interest thereon : PRINCIPAL INTEREST $100,000,000 at 4 per cent for 30 years, original loan (1878) $120,000,000 50,000,000 at 5 per cent for 10 years (1894) 25,000,000 50,000,000 at 5 per cent for 9 years (1894) 22,500,000 62,315,400 at 4 per cent for 30 years (1895) 74,778,480 100,000,000 at 4 per cent for 30 years (1896) 120,000,000 $362,315,400 $362,278,480 GOVERNMENT PAPER MONEY The greenbacks are only $346,000,000 in amount, yet to keep them alive and to keep them equal to gold we have issued $362,000,000 of bonds and have obligated ourselves for $362,000,000 more in the way of interest, and we still owe the amount of the greenbacks. 1 The silver dollar is at par with gold at the present time because it is not redundant. Moreover, the government receives it as the equivalent of gold in payment of all dues to itself. This is an indirect redemption, yet it cannot be depended on to maintain parity under all circumstances. If, by reason of bad times and slack trade, the quantity of silver dollars and certificates should be greater than the business of the country could absorb and find employment for, they would accumulate in the Treasury. Eventually the government's receipts would be wholly of silver and a panic of more or less severity would be the probable consequence. AUTHORITIES FOR CHAPTERS V AND VI Noyes' Thirty Years of American Finance. Taussig's Stiver Situation in the United States. Final Report of the Monetary Commission of the Indianapolis Convention (The University of Chicago Press, 1898). Dunbar's article on " The Safety of Legal-Tender Paper " in the Quarterly Journal of Economics, April, 1897. Dunbar's Collection of Laws of the United States relating to Currency, Finance, and Banking. 1 An official estimate by the chief of the Loan and Currency Division of the Treasury Department, published in the Congressional Record of April 29, 1908, p. 5638, shows that if the greenbacks had been funded on the first day of January, 1879, into 4 per cent thirty- year bonds and canceled, the total cost to the government for princi- pal and interest to July i, 1907, would have been #741,897,340; whereas the total cost and liability actually incurred on 'account of them has been #1,081,881,562; the difference in favor of converting into bonds being #339,984,222. y BOOK III fr BANKING CHAPTER I FUNCTIONS OF A BANK IN its original sense the word "bank" means a heap, a pile, an accumulation, as bank of earth, sand bank, gravel bank. In colonial times it was applied to any batch or accumulation of paper money. Thus a "new Rhode Island bank" meant a new emission of bills of credit of that colony. In the early days of the American republic a bank was an association whose main business was the issuing of notes to circulate as money, and the phrase " banking privileges " meant the right to issue such notes. Daniel Webster even said that the power to issue notes to circulate as money was the feature which distinguished a bank from every other insti- tution. At the present time the issuing of notes is not a necessary function of banks, nor is it, in our large cities, the chief part of their business. A bank in the modern sense is a manufactory of credit and a machine for facilitating exchanges. It is commonly said that banking consists in receiving money from depos- itors and lending it to borrowers. This is the proper func- tion of a savings bank ; but it is only a part, and not the largest part, of the business of a commercial bank. The money deposited in such a bank forms only a portion of the assets which go to make up the bank's credit, which it issues 194 BANKING to borrowers, sometimes in the form of circulating notes payable to bearer, but oftener in the form of book entries transferable by means of checks. An analysis of modern banking is substantially this : A man has $10,000 of his own money. He starts a bank. His neighbors deposit $50,000 with him. This money becomes the absolute property of the banker. The depos- itors have simply a right to withdraw an equal amount whenever they like, which right can be enforced by law. The banker owns the money and the depositor has a claim, or right of action, against him for an equal sum. But the depositors will not draw the money out immediately ; if they had intended to do so, they would not have de P sited * at a11 - The banker finds by experience that some of his customers will bring in as much money as others draw out, so that $60,000 is on hand all the time. He infers that if his own $10,000, in connection with his good reputation, is considered by the public a guarantee for $50,000, then the whole $60,000 will serve as a guarantee for a much larger sum. When he begins, his balance sheet reads in this way : RESOURCES LIABILITIES Cash . . . ^60,000 Capital . . . $10,000 Deposits . . . 50,000 $60,000 $60,000 ! 1 In keeping the accounts of a bank, or of any other business, the business itself is considered as indebted to the shareholders for the money they have put into it, and for all the profits earned but not paid to them. In the case we are now considering, although there is only one shareholder, the same rule applies. The conception of a bank's capital as a liability is the pans asinorum of banking science. It can be understood best perhaps by observing how the assets of a failed bank are disposed of. The receiver, in such a case, represents the bank. Suppose that the assets realize more than the claims of all the creditors. The excess is paid to the shareholders because the bank owes them whatever remains after other claimants are paid in full. In short, there FUNCTIONS OF A BANK 195 The banker now begins to buy promissory notes, or bills of exchange, due at a specified time in the future, paying the face value of the same, minus interest at a certain rate for the intervening time. This is called discounting com- mercial paper. When he discounts for one Discounting Com- f fa j customers a note for g looo runn i ng mercial Paper. ninety days, he deducts the interest (say $15), entering the amount under the head of profits due to stock- holders, and writes the remainder, $985, on the credit side of the customer's pass book, entering a corresponding sum as a credit to that person's account in his own books. This credit is called a deposit, and properly so, since the net purport of the transaction is that the banker has bought an interest-bearing security and the seller has deposited the money he received for it in the bank, to be drawn out at his pleasure. If the customer had deposited $1000 gold simultaneously with the foregoing transaction, his total deposit would have been X 9 8 5- Yet there is a differ - ence between the two kinds of deposits, the one being of money and the other a bank credit. In practice, the bank credits at any given time may be four or five times as large as the amount of cash in the bank. The process of discounting commercial paper continues until the banker has $200,000 of bills receivable in his port- folio. Then his account stands thus : RESOURCES LIABILITIES Cash $60,000 Deposits . $247,000 Loans and discounts 200,000 Capital . 10,000 Profit . . 3,000 $260,000 $260,000! are preferred claims (those of creditors) and ordinary claims (those of shareholders). Both are liabilities of the bank, and equally valid ones, in their proper order. 1 Theory and Practice of Banking, by Henry Dunning Macleod (fifth edition), I, 324. 196 BANKING Thus the business venture called a " bank " owes to depos- itors and to the banker himself $260,000 ; and it has assets which will produce that amount, but only $60,000 of it is cash. It follows that the banker has manu- Credits "* Bank ^ actured something which serves as a medium of exchange to the extent of $197,000. This is credit. Goods can usually be bought and sold with it as readily as with money, since checks drawn against deposits are accepted in trade by the whole community. The whole $200,000 of bills are not discounted at one time, but gradu- ally, so that some are always maturing and bringing in money to meet the banker's liabilities. Alexander Hamilton saw clearly how a bank serves as a manufactory of credit, and how it economizes the use of cap- ital. He had a clear understanding of the nature of deposits, although there had not yet been published any scientific analysis of banking operations. In his report on the Bank of the United States he said : Every loan which a bank makes is, in the first shape, a credit given to the borrower on its books, the amount of which it stands ready to pay, either in its own notes, or in gold or silver, at his option. But, in a great number of cases, no actual payment is made in either. The borrower, frequently, by a check or order, transfers his credit to some other person, to whom he has a pay- ment to make ; who, in his turn, is as often content with a similar credit, because he is satisfied that he can, whenever he pleases, either convert it into cash, or pass it to some other hand, as an equivalent for it. And in this manner the credit keeps circulating, performing in every stage the office of money, till it is extinguished by a discount with some person who has a payment to make to the bank, to an equal or greater amount. Thus large sums are lent and paid, frequently through a variety of hands, without the intervention of a single piece of coin. 1 1 Although this lucid conception of the philosophy of modern banking was published in 1791, it was the task of Mr. H. D. Macleod (and not FUNCTIONS OF A BANK 197 The banker's deposits are payable on demand. In the case considered above, the depositors might have drawn their checks simultaneously for $247,000, pay- Limit to Bank i Credits e to P ersons wno were not depositors in the same bank, in which event they could not all have been paid, although the bank would be eventually solvent. It would be able to pay in full, but not until its bills receivable should mature. Probably such a case as a simultaneous withdrawal of all deposits never happened in the world, but it is quite conceivable that the depositors might draw at once for more than $60,000, that is, for more cash than the banker has on hand, in which case the bank would have to close its doors. Thus there is a limit to the banker's power of discounting commercial paper. He is limited by the probable calls of his depositors for money to be withdrawn from the bank. The amount kept on hand to meet such demands Bank Reserves. . . is called the cash reserve. This reserve is the bank, in the original meaning of the term, the heap, or pile, from which daily payments are made and upon which all the credit operations rest. The cash reserve may consist of any kind of currency which is commonly accepted, but preferably of legal-tender money, not the notes of other banks. Its amount must be proportionate to that of the deposits. The right proportion can be learned only by experience and only approximately. It varies in different countries, and at different places in the same country; and the local banker, as the person most thoroughly con- versant with local conditions, has, as one of his most important duties, the ascertainment and preservation of that reserve which most nearly meets the needs of his community. an easy one) to systematize and bring it into general recognition and acceptance by economists more than half a century later. 198 BANKING Bank notes are the banker's promises to pay money to bearer on demand. They are virtually orders of the presi- dent and cashier on the paying teller. They Bank Notes. are of the same nature, and they operate in the same manner as checks drawn by depositors. Checks and notes are equally lawful demands upon the bank's cash reserve. Now, suppose that the bank above mentioned has the right to issue circulating notes and that the customer, whose paper has been discounted, desires to use the proceeds in paying the wages of farm hands, or factory operatives, or in buying country produce, or in other ways and in places where checks are not acceptable. He will ask for bank notes, in order to pay them to the wage-earners, farmers, etc. He might ask for gold, in which case the bank would be obliged to give it to him, but the notes are more convenient and will be generally preferred by the payees. The payees may demand gold from the bank for the notes, if they choose, but generally they will not do so. They will pay them to storekeepers or others to whom they are indebted, and the latter will deposit them in the issuing bank to their own credit, or in other banks which will send them to the issuing bank for redemption. Eventually they will be paid out of the bank's cash reserve. They will be paid out of the same fund from which the customer's checks would have been paid, if he had drawn the money by means of checks payable to order, instead of taking notes payable to bearer. The banker cannot decide whether the credit he has extended to his customer shall be used in the form of checks or in the form of notes. Nor does this question concern him in any way, except that the notes may stay out some- what longer than the checks. His liabilities are the same in either case. The only thing that need concern him is FUNCTIONS OF A BANK 199 the goodness of the paper which he bought when he issued his credit to his customer. The form of issue, whether in checks that may pass through one or two issue of Notes hands, or in circulating notes that may pass Automatic. 3 ' through many hands, is of little consequence ; and, even if it were of much consequence, it is beyond his control. It is also beyond the control of the depositor. He will call for notes only in cases where he cannot use checks. The controlling force here is the public demand, to which both the banker and his customers conform. The public demand determines also how long the notes shall stay out after they have been issued. Nobody keeps more notes on hand than he needs. When a man finds that he has a surplus, he returns it to the bank. Thus the outflow and inflow of bank notes is automatic. While it is immaterial to the banker whether the credit which he issues shall take the form of checks or of notes, it is important both to him and to the community that it shall take one form or the other, since the alternative is the with- drawal of gold for purposes of circulation and the conse- quent lessening of his cash reserve ; and, as we have seen, the lessening of his reserve by $1.00 usually BankNotes lessens his ability to discount commercial paper by $4.00 or more. If it is for the interest of the community that the system of bank credits should exist at all, it should be available in the form of circulating notes, as well as of checks ; for banking science consists in the substitution of less costly instru- ments of exchange for more costly ones, according to the demands of trade. The bank note, since it is one of the less costly ones and is indispensable in the modern world, should be readily available as needed. Its utility is greatest in sparsely settled communities, where there are few or no banks. 200 BANKING Bank notes were first issued in England in 1670 or there- abouts. They were instruments of writing executed by goldsmiths to people who had left money in their custod y- Several of these notes were found in a back room of Child's Bank (the oldest of English banking houses) when it was removed from the vicinity of Temple Bar a few years since. The following are specimens : Nov. 28, 1684. I promise to pay unto ye Rt. honble ye Lord North & Gray, or bearer ninety pounds at demand. For Mr. Francis Child & myself Jno Rogers. Picture of ) XT Temple Bar } N 9 21 - London, Oct. 20, 1729. I promise to pay to Mr. Richard Bannister, or order, on demand, twenty pounds. For Fras. Child, Esq. Sam Child. Picture of ) XT Temple Bar { No1 792- London, 8 December 1729. I promise to pay to Mr. Chr. Diggs, or bearer, on demand thirty pounds. For Fras. Child & Co. Sam Child. 1 Other similar examples of the origin and evolution of the bank note might be cited. The right to issue such notes was never questioned. They were simply evidences of claims to money deposited with the goldsmith or the bank. As the business grew, and the quantities of notes called for by depositors increased, it became more convenient to print blank forms, to be filled out with the names of the depositors and of the amounts due them. Still later notes were printed 1 Macleod, I, 283. FUNCTIONS OF A BANK 2OI for round sums, as, for example, five or ten pounds, which could be handed in quantities to the persons entitled to receive them ; and these were made payable to bearer, or to order, according to the wish of the depositor. The busi- ness of discounting commercial paper was added to the goldsmith's vocation very soon after the practice of deposit- ing money with him became common, and then the notes re issued, if desired, to the persons getting the discounts. Thus the issuing of such notes became recognized as a right at common law. Anybody could issue them and put them in circulation, if people were willing to take them. It was found in course of time that the exercise of this right was exposed to accident and liable to abuse, ^Common-Law &nd ^ th(J g tate must interpose for the pro . tection of society. At first it was believed that such protection could be secured by restricting the issue of circulating notes to a select number of persons of well-known character, generally, but not always, incorporated as a bank. Thus certain charters granted to banks in this country before the adoption of the federal constitution (the Bank of North America in Philadelphia, the Bank of Massa- chusetts, and the Bank of New York, which still exist) contain no mention of circulating notes, since the right to issue them existed without legislative authorization. The Bank of New York began business and issued circulating notes seven years before it received a charter. In the public discussions of recent years the question has frequently been asked why the banker should receive inter- est on his outstanding notes, while the customer why interest is pays interest on the note which he gave in paid for the Use of Bank Notes. exchange for them. As both kinds of notes are debts, why should one of these two persons pay interest more than the other? There is, how- ever, a vital difference between the two kinds of notes. The 202 BANKING banker's notes are payable on demand. Any person into whose hands they come may demand gold for them imme- diately. If he does not do so, it must be because he finds the notes better adapted to his immediate wants. The customer's note, on the other hand, is not payable till a fixed time in the future. It is said in rebuttal that the right to issue notes to circulate as money has been conferred upon one of these parties by statute, and that he has thus been given an artificial advantage. This is an error ; for, as we have seen, the' statute, instead of conferring a right on the banker, has curtailed a preexisting right. Society derives an advantage from the banker's operations which it can well afford to pay for, whether the credit which he issues takes the form of deposits and checks, or of cir- culating notes. The discount of commercial paper has been aptly defined as " the swapping of well HOW Banks aid known credit for less known credit." The in the Work of . . Production. bank first establishes its own credit. Then it is the banker's business to find out what persons in the community are worthy of its credit. Credit enables persons to obtain the use of capital which they could not otherwise acquire. For the present purpose capital may be defined as anything which aids man to produce wealth and is not gratuitously bestowed, such as tools, materials, food, etc. The banker, if he understands his trade, enables the most deserving persons in the com- munity to get capital, that is, to get possession of the tools and materials of industry without the use of money. The most deserving persons, in the commercial sense, are those who can make the most profitable use of tools and materials, and who are believed to be honest. By_sw_ap_pjng _it. well, known credit for their less known credit the bank performs a service which they are willing to pay for, and it performs a service to society by economizing tools and materials. FUNCTIONS OF A BANK 203 Anything which puts these things into the right hands and keeps them out of the wrong hands is a gain to the world. The continuing life of a bank is presumptive evidence that it is doing this thing, for, if it were not, its own losses' and expenses would eat it up. RECAPITULATION A bank is an institution where deposits of money are received and paid, where credit is manufactured and ex- tended to borrowers, and where the exchange of property is facilitated. Having first acquired the confidence of the com- munity, the bank extends its credit by purchasing interest- bearing securities, mainly business men's notes, payable at a fixed time and giving the sellers the right to draw checks upon itself payable at sight. The amounts thus authorized to be drawn are termed deposits, the bank being liable for them in the same way as for actual money deposited. It is found in practice that a bank may safely extend its credit to an amount much larger than its cash on hand, the excess being an inexpensive but useful addition to the world's instruments of exchange. A bank requires a certain amount of money over and above its deposits as a capital, to secure and hold the con- fidence of the community and to meet unforeseen emer- gencies in business, but there is no definite proportion between capital and deposits established either in law or in practice. The capital invested is one of the liabilities of the bank, but as a lien on the assets is secondary to the claims of creditors. Bank notes are the bank's promises to pay money to bearer on demand. They are the president's checks on the bank, and are payable out of the cash reserve, the same as checks drawn by customers. When the bank extends its 204 BANKING credit to a customer, it is of little consequence whether the credit shall be used in the form of checks or of notes. The bank's liability is the same in either case, but notes usually remain in the hands of the community somewhat longer than checks. Bank notes were originally instruments of writing, executed by goldsmiths or other persons, promising to return the specific sums of money lodged with them. The right to issue them was consequent upon the right to receive the money deposited, and thus became recognized as a right at common law. In the early years of our government the right of a bank to exist carried with it the right to issue circulating notes. At present the right to issue notes is restricted in various ways in all civilized countries. For wholesale and for many kinds of retail, trade bank checks are the most convenient means of payment, but for paying wages or carrying on some kinds of business notes are preferred. It is the public demand, not the preference of either the banker or his customer, that decides what proportion of payments shall be made with checks and what with notes. The public demand also deter- mines how long the notes, when taken out of the bank, shall remain in circulation. Bank notes are most useful in rural communities where banks are few and population is sparse. AUTHORITIES Macleod's Theory and Practice of Banking. Dunbar's Chapters in the Theory and History of Banking. Conant's History of Modern Banks of Issue. CHAPTER II A BANK STATEMENT A BANK statement is an accounting, either voluntary or compulsory, rendered by the bank's officers to its share- holders, which is published for general information. The bank, as an institution, is liable for all balances which have accrued against it in the course of business and is also liable to the shareholders for the capital and for all profits, whether carried to the surplus fund or not. Thus there are two kinds of liabilities, though they are generally put under a single head. We will, however, separate them for the sake of clearness, taking for illustration a statement of one of the national banks of New York City dated September 30, 1901. RESOURCES I. Loans and discounts $48,719,212.94 ^"Overdrafts, secured and unsecured 32,507.06 United States bonds to secure circulation .... 50,000.00 Storks, securities, etc. . . . -. 309,720.99 Banking house, furniture, and fixtures 1,414,250.00 Other real estate owned 14,667.85 Due from national banks 5,904,767.29 Due from state banks and bankers 373>77 2 -55 -~9~T Checks and other cash items 361,627.10 ^jjOr'Exchanges for clearing house 5,011,772.87 diTT Notes of other national banks 11,500.00 /"! Lawful money reserve in bank, viz. : Specie $i 1,905,413.29 Legal-tender notes 2,297,826.00 14,203,239.29 13. Redemption fund with United States Treasurer (5 per cent of circulation) 2,500.00 Due from United States Treasurer, other than 5 per cent redemption fund 16,000.00 Total 76,425.537-94 205 2O6 BANKING LIABILITIES To Creditors ^"15. Individual deposits $29,923,255.97 16. Due to other national banks 26,368,474.36 17. Due to state banks and bankers 7,905,820.09 18. Due to trust companies and savings banks . . . 4,372,752.72 Demand certificates of deposit 135,205.69 I/ZQ. Certified checks 906,907.57 /x^i. Cashier's checks outstanding 794,499.40 i2'2. National bank notes outstanding 49,500.00 To Shareholders 1-23. Capital stock paid in 2,000,000.00 -247 Surplus fund 2,500,000.00 XXl- Undivided profits, less expenses and taxes paid . . 1,468,657.14 j 26. Dividends unpaid . 465-0 Total $76,425,537.94 i. Loans and discounts consist chiefly of promissory notes, drafts, and bills of exchange, running for short periods say, two to four months executed Loans and . engaged in active business. As the Discounts. ' liabilities of a commercial bank are payable on demand, it cannot safely make loans for long periods, although it may renew short ones from time to time. Promis- sory notes may be executed by one person, firm, or corpora- tion and offered for discount without other security. Such notes are called single-name paper. A promissory note drawn by A to the order of B, indorsed by the latter and offered for discount, is called double-name paper, since both A and B are held for the payment of it. Such paper, whether single or double-name, may or may not have its origin in a sale of goods on time, for which the seller wishes to obtain the money at once. If it does not take its rise in any business transaction already con- cluded, it is called accommodation paper. Bankers have A BANK STATEMENT 2O/ no absolutely certain means of knowing whether a note represents a concluded transaction or an intended one. They are justly suspicious of accommodation 1111 paper, yet the difference between such paper and other unsecured notes is not so great as it seems. Both are loans on personal security, since in neither case has the banker a lien on any particular goods. The essential distinction between real and accommodation bills is that one represents past and the other future transactions. In a real bill goods have been purchased which are to meet the bill ; in an accommodation bill goods are to be purchased which are to meet the bill. But this is no ground for preference of one over the other. A transaction which has been done may be just as wild, foolish, and absurd as one that has to be done. The inten- tion of engaging in any mercantile transaction is that the result should repay the outlay with profit. There is no other test of its propriety but this, in a mercantile sense. The true objections to accommodation paper are of a different nature. As real bills arise out of the transfers of property, the number of them must be limited in the very nature of things. However bad and worth- less they may be individually, they cannot be multiplied beyond a certain extent. There is therefore a limit to the calamities they cause. But accommodation bills are means devised to extract funds from bankers to speculate with, and consequently these speculations may be continued as long as these funds can be extracted. 1 The Scotch banks have a system of " cash credits " which consist largely of accommodation paper. There are ten banks in Scotland, with about nine hundred branches, bringing at least one branch within reach of every hamlet in the country. The cash credits are authorizations granted to persons to draw a maximum amount of money from the bank within a given time and returnable within a given 1 Macleod, I, 308. 208 BANKING time, interest to be paid only for the amount drawn and the time it is kept out. These are loans on personal security, never less than two names being required, generally three or more. A very large percentage of the "Cash Credits." , , , ' , cash credits of the Scotch banks are made to the agricultural classes, but they are not made on mortgage security and they are not allowed to stagnate. The cash credits are entered as deposits on one side of the bank's ledger that is, under the head of liabilities. On the other side they appear under the title " bills discounted, cash accounts and other advances," as resources. Drafts and bills of exchange payable at a future time and purchased by the bank are included under the head of loans and discounts. In this country the two terms signify the same thing, except that the word " draft " is 1 to instruments payable at some dis- tance from the drawer but within the United States, and the term " bill of exchange " to those payable in foreign countries. They are orders in writing, drawn upon the custodian of funds belonging to the drawer or for the payment of goods sold to the drawee. A draft or bill of exchange is usually made payable to the order of a third person. If not payable at sight, it must be presented to the drawee as soon as possible, and he must write the word "accepted" on it and sign his name there- under ; otherwise it must be at once protested for non- acceptance. Then two persons are responsible to the holder of it. If the holder gets it discounted at his bank, he must indorse it, and thus he also becomes responsible for it. It may go through several hands, Acceptances. each holder indorsing it before he parts with it. It acquires strength with each transfer, since all the persons who have indorsed it are successively responsible for its payment. These are the most important circulating A BANK STATEMENT 2OQ instruments of modern commerce, since nearly all the wholesale transactions of the world are effected by them, and since they range over the whole world and are not limited, like bank notes, to their parent country. Two or more bills of exchange may be in existence at one time touching one lot of goods, since it is the transfer and not the creation of them that gives rise to the bills. The chief business of banks is to discount bills of exchange, so that the maker or holder may have the present value of them in cash. Bills of exchange are sometimes accompanied by bills of lading, warehouse receipts, stocks or bonds, which are spe- cific titles to property, the bank having a lien Bills of Lading. ., . . ... . ., _. on the property until the bill is paid. Ihese are simply a superior kind of bills. They command a lower rate of interest because of their higher security, and in a stringent money market they will command money when other bills are refused. All other discounted bills are loans on personal security. Another variety of bills of exchange arises from the use of letters of credit. These are instruments of writing issued by a bank, authorizing the holder to draw upon the issuing bank or upon some affiliated institution, at sight or other- wise, and within a definite period of time, not exceeding in the aggregate a certain sum. It is stipulated in the body of the instrument that the amount of all Letters of Credit. ...... . drafts, or bills of exchange, negotiated under it shall be indorsed upon it, so that it shall always show how much of the credit remains unexhausted. The names of the banks or persons in various parts of the world (corre- spondents of the issuing bank) who will cash or discount the drafts so drawn are printed on it. A large part of the foreign purchases made by merchants is effected through bills of exchange drawn under letters of credit. Such 2IO BANKING letters are also much used by tourists to pay their traveling expenses. 2. Overdrafts, secured and unsecured, constitute an item in nearly all bank statements. Strictly speaking, they ought not to be there at all, but it sometimes happens that a depos- itor overdraws his balance by mistake. In such a case the bank's officers exercise their discretion, based upon their knowledge of the man's character and resources, in deciding whether they will pay the check which overdraws the balance or not. Until the overdraft is made good or is proved uncol- lectable it is properly reckoned as an unpaid debt among the bank's resources. 3. United States bonds to secure circulation will be more fully considered in the chapter on the national banking system. It may be remarked at present that this item. of $50,000 among the resources is offset in large part by the outstanding circulating notes ($44,520) among the liabilities. 4. It is desirable that a bank should have a portion of its interest-bearing assets so invested that it can be quickly turned into cash to meet a sudden emergency. This is especially needful in the case of a bank which holds large sums deposited by other banks, since a financial disturbance occurring in a distant quarter may bring sudden demands for cash from these depositing banks. Stock exchange securi- ties are held by banks, partly because they other interest- can be sold at short notice to meet such emer- Bearing Securi- . . . ties. gencies, partly because opportunities occur to bankers for acquiring them at low prices, and sometimes because they have been compelled to take the securities for debts, which would otherwise have been lost. 5. Banking house, furniture, and fixtures are proper resources of a bank ; for, if it does not own such property, it must pay rent to others for equivalent accommodation. A BANK STATEMENT 211 6. Commercial banks do not usually lend money on the security of real estate. Under our national Real Estate. banking law they are not allowed to do so, but they may take such property for unpaid loans previously made in good faith. 7, 8. There is always a current account between banks for collections which they make for each Banks n other. They also lend and borrow among themselves and deposit money with each other for the sake of interest. 9. Checks and other cash items include checks and drafts on private banks in the city not members of the clearing house, and small advances, payable on demand, which do not go into the category of loans and discounts. 10. Exchanges for the clearing house are the checks, drafts, and other claims on other banks, members of the clearing house, which have not yet been collected. 11. Notes of other national banks are put in a place sep- arate from the other cash, because under the national bank- ing law they cannot be counted as a part of the le S al reserve - For this reason the banks do not keep any large amount of bank notes on hand. They pay them out on checks, br send them to Washington for redemption in lawful money. 12. These items constitute the bulk of the bank's cash reserve, amounting all together to $14,203,239.29. The legal reserve may consist of gold, gold certificates, legal-tender notes, silver, and silver certificates. The banks keep very few silver dollars and not more subsidiary silver ^ an * s nee ded f r making change or meeting the demands of customers. The use of silver certificates, however, is increasing, since they are the only paper currency of denominations less than $10 that can be obtained in large amounts. 212 BANKING 13. The national banking law requires that every bank which issues circulating notes shall keep a deposit of lawful money in the Treasury of the United States equal to c per cent of the amount thereof for demption Fund. * r the redemption of the same. This deposit may be counted as a part of the bank's legal reserve. 14. There is nothing to indicate what this sum may represent. Money is constantly passing between the banks and the Treasury. This item may represent subsidiary coins sent to the Treasury for redemption but not yet redeemed, or it may be money sent for the purchase of subsidiary coins not yet received. 15. The first item of liabilities is individual deposits, which have been sufficiently explained in the preceding chapter. 16. 17, 18. Under the national banking law country banks are allowed to keep three-fifths of their legal reserve in cer- tain city banks approved by the comptroller of the currency. We may infer from the magnitude of the sum " due to other national banks " that this is one of the city banks so approved. Apart from this provision of law it is customary for country banks to keep considerable sums on deposit * n c ^y banks, f r t ' ie convenience of making remittances for customers and also for the sake of the interest allowed by the city banks, which is usually at the rate of 2 per cent per annum. It has been a question much disputed in this country whether it is good banking practice to allow interest on such deposits payable on demand. It has been argued, in opposition to it, that it tends to the accumulation in the city banks of large sums which are liable to be called for suddenly whenever anything unu- sual happens in financial circles elsewhere. Such deposits are said to be in a high degree "explosive," tending to cause panics, or to aggravate them when they come. But A BANK STATEMENT 213 \ it is argued, on the other hand, that somebody will always be found to pay interest on deposits. If the banks do not, the trust companies and private bankers, who kee P their de P sits in the cit y banks, will do so ; and they will draw their own deposits to meet the calls of the country banks as suddenly and as freely as the country banks themselves would. The deposits will then be as " explosive " in the one case as in the other. Therefore the question to be considered is whether the city banks shall reap the profits which arise from the deposits of the country banks or allow other parties to do so. The same principles apply to the deposits of state banks and trust companies, etc. 19. Demand certificates of deposit are merely a change of form of ordinary deposits for making remittances, or for the use of travelers within the range of territory where the credit of the issuing bank is known. John Doe, in New York, for example, wishes to remit money to R^hard Roe, in some town in which John Doe's bank has no correspondent or on which it does not draw. He cannot get a draft payable in that town, but a bank's certificate, payable to the order of Richard Roe, will answer the purpose equally well. Accordingly, John Doe draws a check against his own deposit and asks the bank to change the form of it into a certificate. 20. Certified checks are virtually certificates of deposit in another form. They are the checks of depositors on which the paying teller of the bank has stamped the Certified Checks. , words : " Certified by the Bank and placed his initials or some device recognizable by the other banks. A check so certified becomes the obligation of the bank in the same sense as a certificate of deposit. The amount is immediately charged against the account of the drawer. 214 BANKING f 21. The cashier of a bank draws checks on the paying teller for the purchase of securities from bill brokers, stock brokers, and others. The sellers deposit these Cashier's Checks. . . . . checks in their own banks, and they are settled at the clearing house like other checks. 22. The circulating notes of this bank are a very small part of its total liabilities. This subject will be more fully treated in the chapter on the national banking system. 23. 24. The capital of a bank is primarily a guarantee fund contributed by the shareholders to give it stability and to create confidence in its soundness. A Capital and bank m j nt exist ' m fair weather for some Surplus. considerable time without capital, and many attempts have been made by speculators to realize that ideal, but any bank so launched has generally succumbed to the first financial gale. The surplus is a portion of the bank's profits not divided among the shareholders but set aside as a permanent addition to the guarantee fund. Under the national banking law the accumulation of a sur- plus equal to 20 per cent of the capital of each bank is made compulsory. Before the declaration of a dividend one-tenth of the net profits must be deducted and set aside for that purpose until that percentage is reached. For all banking purposes the surplus becomes an integral part of the capital. 25, 26. A bank statement must always show the amount of the accrued profits not yet divided. Dividends are usually paid the same day that they are declared, but it sometimes happens that shares of stock have changed Profits. hands or have been involved in litigation, or that the owners have died since the last payment was made. In such cases the money remains in the bank awaiting the rightful claimants, and appears among the liabilities as "dividends unpaid." A BANK STATEMENT 215 RECAPITULATION A bank statement is an exhibit of the bank's resources and liabilities made by the officers to the shareholders, to the depositors, and to the public generally. The resources and the liabilities are placed in separate columns. The resources consist of all the money in the bank, all the things received in exchange for money, and all the claims it holds against others. The liabilities embrace all that it owes to depositors and other creditors, all the capital contributed by shareholders, and all earnings undivided or unpaid. Therefore the amounts of the two columns should be exactly equal. If the inventory of the resources and the value placed upon them by the officers are correct, the statement shows the exact financial condition of the bank. The national banking law requires each bank to make at least five statements each year showing its condition at dates already past, which shall be designated by the comptroller of the currency. No bank can know before- hand what date will be chosen by him. Consequently no special preparations can be made. The statements must be written on blanks furnished by the comptroller, which go much more into details than those published in the news- papers. The fact that these statements must be made, and that they will be closely scrutinized by other bankers, as well as by experts in the comptroller's office, operates as a spur and incentive to correct methods and honest management on the part of each individual banker, but is not an absolute guarantee thereof. CHAPTER III THE CLEARING-HOUSE SYSTEM THE functions of a bank as a machine for facilitating exchanges are shown on the most extensive scale in the operations of the clearing house. This is an association of banks whose primary object is to settle the claims which the members hold against each other. If there were only two banks in a particular place, there would be no need of a clearing house. Two clerks would meet at regular intervals, at the banking house of one or the other, and compare the claims that each held against the other. If Bank A held checks, drafts, etc., for $10,000 drawn on Bank B, while the latter held only $9000 drawn on the former, Bank B would pay $1000 to Bank A and the checks, drafts, etc., would be mutually surrendered. A clearing house merely enables any number of banks to settle their balances in about the same time that two banks could do so, the clearing house being, for this purpose, the only creditor and the only debtor of each bank. The clearing-house system was first introduced in New York in 1853. Prior to that time it had been customary for each bank to send a messenger to every The Old System. . . , other bank each day with a pass book and a package of claims. Thus, Bank A would sort out all the checks and other claims it held against Bank B and, writing the amount in the book on the debit side of the page assigned to that bank, would send the book and package 216 THE CLEARING-HOUSE SYSTEM 2 I/ to the latter. Bank B would acknowledge receipt of the checks and write on the credit side of the page the amount of its claims on Bank A, delivering by its own messenger the corresponding checks, etc., drawn on Bank A and hav- ing the proper acknowledgment made on its own pass book. As there were thirty-eight banks in New York at that time, there were seventy-six bank messengers continually travers- ing the streets, getting in each other's way and in the way of the bank's customers, and liable to assault or accident. The balances were shown each day by the footings of the pass books but, on account of the labor of carrying and counting gold coin, which was the only money receivable between banks, the settlements were made only once a week, and then by actual delivery of the coin, which was also car- ried in bags through the streets. Now there are forty-eight members of the New York Clear- ing House, including the assistant treasurer of the United States, and one new applicant for membership. New York There are also seventy-nine banks and trust Clearing House. J companies in New York and the vicinity, not members of the clearing house, that clear through other banks. The Union Trust Company, for example, makes an arrangement with the Bank of Commerce, by which all checks drawn on the former may be presented at the clearing house to the settling clerk of the latter and be treated by the latter exactly like checks drawn on itself. In this case the Bank of Commerce is responsible to its fellow-members of the clearing house for checks drawn on the Union Trust Com- pany in the same way as for its own checks. Accordingly, it may happen that any bank may go to the clearing house with checks and drafts drawn on one hundred and twenty- seven different institutions, which it has received the previ- ous day from its depositors or through the mail from its correspondents elsewhere. 2l8 BANKING In order to expedite the work, it must separate these checks into not more than sixty-one packages, one for each member of the clearing house upon which it holds any, and prepare a schedule showing the total amount of its claim on each bank. It must also have a debit ticket to be delivered to each showing, for example, that Bank A has a total claim on Bank B for so much money. It must also come to the clearing house with a statement showing the aggregate of all its claims on all the banks. This, which is its claim against the clearing house for that day, is handed to the manager of the clearing house or to the proof clerk immedi- ately upon entering. All these things must be done before the operation of clearing begins. Each bank sends to the clearing house a delivery clerk and a settling clerk. The settling clerks occupy seats in three parallel rows running lengthwise of the clearing room, each one having a sufficient amount of desk room for his work. The delivery clerks, with their packages of checks in separate envelopes, stand in an open space in front of the settling clerks. All are expected to be in their places about ten minutes before 10 o'clock in the morning. At two minutes before 10 the manager of the clearing house strikes a bell; and, if any clerk is not in his place at that time, he is fined $2. The next movement is made with the precision, and with something of the appearance, of a military drill. At exactly 10 o'clock the bell is sounded a second time. Each delivery clerk then hands to the settling clerk The Operation. . . in front of him the package of checks, etc., drawn upon the latter's bank, and at the same time drops the debit ticket, which shows the aggregate amount of such claims, into an aperture in the settling clerk's desk. The delivery clerk then takes one step forward and repeats the THE CLEARING-HOUSE SYSTEM 2IQ operation with the next settling clerk, and so continues until he has handed out all his packages and tickets. Usually this part of the operation is completed in ten minutes. Mean- while the proof clerk, who occupies a desk near the manager, has entered the claims of each bank under the head " Banks Cr." on a schedule like that shown on page 244. Inasmuch as the amount of each bank's claim against the clearing house (entered under the head " Banks Cr.") is the sum of all the tickets which its delivery clerk has pushed into the letter boxes of the other banks, it follows that all the tickets of all the banks should equal all the entries under that head. The next step in the operation is for each set- tling clerk to arrange the amounts of all his debit tickets in a column, add it up, and send the amount to the proof clerk, who transcribes and arranges it under the head " Banks Dr.," so that the debit of Bank A shall be on the same line with its credit. Then the differ- The Result. .,11 ence between the two will show how much the bank owes the clearing house or how much the clearing house owes the bank. The time occupied by the settling clerks in arranging their tickets and adding up the columns is about half an hour. As fast as these footings are com- pleted, they are sent to the proof clerk, who puts them in the debit column opposite the credits of the banks respectively. When all are completed, if no error has been made, the footings of the credit and debit columns must be exactly equal, and the footings of the columns, which show the differences, must be exactly equal. Then these differences are read off slowly and distinctly by the manager, so that each settling clerk can write down the sum that his bank has to pay or to receive. As time is money at the clearing house, somebody is fined for every error, for every delay in making footings, for disobeying the orders of the manager or for any disorderly 22O BANKING M X < H O O N N M- ON POOO NO TJ-OO to PI NO O P) ONOO co rp ppoq P; ONCO PO ON o oo TJ- 06 NO NO to ON PO ON PI NO PO to t-H PI PO ON PllOPJt^ ONPO NO CO NO NO "I ON O NO pp to o NO^ "C 100 ON * PO <$- ON oo Tt- r^~ N 00 O O PI OO ON OO HHPOl^Tf ON to t-T o" OO 1-1 O^OO r-~. 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NO rp NO >i- \O N pi NO ro ro NO LO } ON r^ ro i^ ro (T 'f roNO" 06" 1-1 ro N M M ro ro i-T fT $13,073,026.50 O ^ i ^* O ^oo O^* t~> I OCQ ^0 r*- **"* *-o o^ O ro i- OO iO 1-1 OO NO M ro "^OO "^t" Tf ONCO LO ro Q f)OO ^OQ O 1-1 M NO 1-1 OO NO LO\O &%& S% ? ? % NO r^ * f> O 30 f)VQ O CNOO CO O ^t~ ***) f} "*!"** M 10 Tf Tf ^oco f^- O OO ^O O *"*") O^ 'I" CN fO O^ 2 = 5* I?"' 2 ** S3 10 i i NO ri NO r-^ roco CO r^-f M M roroi-t M CO T^- ro O NO O NO fONO fO ^o^ ro ON ON ON M CO >- O I-INO PI 1-1 OCONO r~LnCN^ro LO\O ON ro r-4 PI LONO CO ^ ON r^ ri ro -* rj- o NO LOCO ^ N O d OO "- 1 ON NO LOCO i- ct LO\O CO ON M t-^ O -"too ^f fO t^ r^ N. O f i O OWNO "NO roi-i rooo OO PI "1" r^ Tl- CO to roco OO fO >-* * CO f ' f i~i ON Tt* ON 1-1 rooo ^- HH w w 10 *" ^S^JS^IS^JC&S J o ON LO ON ft W to r) ON t^ roco CO ONOO ON NO O ^ OO CO ON t^ ro 1-1 >-c t^. O NO ON CO ro 1-1 O OO ci t^ ON -*1- O r^ ro O LO roriO cocor- oro NroON O^fr^ "1^ Ooooo O"-* 'Oio ro i^-NO NO CO O ON -^-NO * T ro "T ON OCO LO PI P> ri NO NO rONO r^. LO ri- t^ NO LO r^ ON ^j" NO PI O HH O O io\O LO NO ON 1-1 NO ON O NO M M t~> t^ r-x MM f? N "1 1O ro fi M NO ONCO PI ro --1 ON t^ p o -^-co >o 1-1 PI N M ro t^ q ro i .^ ^, . . . O -" ^ . . . . . ^ 4} o ' ~ ^ C ot .2 * M .O . PQ . '. ts . ' ' : m : : o pq^ -js ^ ^5 ^ w C/2 . ' M g g -"in 'pQ,^-^,^ ' ' ^ '"rt 1 - ' c .-c^'rto! ; 55 c ^-g . _o W e o 'i a "^ 3^8 = 2' > ^' >H ^^ Assistant Treasurer U. Fifth Avenue Bank . . German Exchange Bank Germania Bank .... v f^ -.2 c>-M-i l >?rO . '^ 'pc ^ rtEo^E*^: M t- _j ^, Q * fyi CO rt - < *-ir '% ? js *% p, 2 ? 1 1 1 ^ ioONro-^-ON>-i M rorfiot^O i-> N M" LONO r-^oo r^ i^ t^ r^ O w N ro-^Lor^oO " Pi rOT""> OOCOCOOOOOOOOOOO ONONONONON 222 BANKING conduct. Forty-five minutes from 10 o'clock are allowed for completing the proof. For all errors remaining undis- covered at 11.15 the fines are doubled, and at twelve o'clock quadrupled. The highest fine for an error discovered before 11.15 is $3- The table on the preceding pages is an exact copy of a proof sheet of the New York clearing house. It is obvious that it makes little difference, as regards the time and labor required to effect the clearings, whether the amount cleared is large or small. The clearing house is thus seen to be one of the great labor-saving machines of the modern world. Payments of clearing-house balances are made with gold coin, gold certificates, or legal-tender notes. Gold certificates, when not otherwise defined, are those issued by the United States Treasury ; but some clear- ing houses which have vaults receive gold deposited by their own members and issue certificates which are available in making payments at the clearing house or between members, but cannot be transferred to non-members. Four-fifths of the payments at the New York clearing house are made with clearing-house gold certificates. The debtor banks must pay what they owe to the clearing house before 1.30 P.M., after which the clearing house pays the same money to the creditor banks. The clearing house is not responsible for the goodness of the checks, drafts, etc., which pass through it, but each bank is responsible to its fellow-members. The clearings of the New York clearing house now average $2 54,000, ooo per day and the balances, paid in about 1.30 P.M., as above described, average $11,600,000 per da y' or a Iittle less than 5 P er cent of the clearings. It follows that about 95 per cent of these transactions offset each other. The New York clearings are, in point of magnitude, about two-thirds of THE CLEARING-HOUSE SYSTEM 223 all the clearings in the United States, since New York is the place where other American cities most commonly settle their balances with each other. The members of the clearing house determine what kind of claims shall be admitted to the clearings. Usually these are checks, drafts, and certificates of deposit, which are payable at sight or have already matured. Yet the practice is not uniform. Some clearing houses admit also the promissory notes and acceptances of private individuals which are drawn "payable at the Bank " and have matured. Others admit checks and drafts drawn on out-of-town banks which are corre- spondents of members of the clearing house. In some clearing houses payment of balances may be made by drafts drawn on other designated cities, or partly in cash and partly in such drafts. In Boston the practice exists of borrowing and lending balances among the members, on the floor of the clearing house, immediately after the day's balances are ascertained, and 60 per cent of the balances are usually disposed of in this way. Thus, suppose that a certain bank has a credit balance of $100,000 at the clearing house for which it has no immediate use. In order to save interest on this sum even for a single day, it lends its balance to a debtor bank "on call " that is, repayable at demand. The creditor bank, in that case, gives an order in writing to the manager of the clearing house to transfer so much of its balance to the borrowing bank. This practice is so common in Boston that the clearing-house rate of inter est is quoted regularly in the newspapers. The clearing-house association is well fitted for the per- formance of other duties than those of ascertaining and settling balances among the members. It is especially qualified for the task of checking financial panics. It sometimes happens that the demands of depositors for 224 BANKING currency are so great that the cash reserves of the weaker banks are at the point of exhaustion, rendering them liable to suspend payments. As the suspension of one bank at such a time may lead to excessive demands u P on other banks, causing them to suspend also, it is necessary to grapple with the crisis before it becomes unmanageable. The banks therefore unite, through the clearing house, in the issue of " clearing- house loan certificates," in order to avert general disaster. There have been six crises in which the New York banks have adopted this method and in the later cases with very complete success. The last one was in 1907, and a descrip- tion of the process in this case will make clear the principles involved. The panic began with the suspension of the Knicker- bocker Trust Company, October 22. The immediate con- sequence was the rapid withdrawal of deposits from the banks. Obviously, if all the deposits of a bank are de- manded in this form at once, they cannot be paid out of a reserve which is usually only one-fourth of that Reserves 2 sum. But some banks have larger reserves than others. Some are habitually more cau- tious than others. Some have larger capital and surplus, in proportion to their liabilities. Some have a more steady- going class of depositors, less likely to be affected by panic, than others. Such banks are able to help their weaker neighbors. By combining or " pooling " the reserves of all the banks, the weaker ones, or those most exposed to danger, may be saved, and thus the panic may be restrained or wholly averted. It is necessary, however, that the stronger banks be secured for the advances which they make, and the method successfully adopted in 1907 for aiding the weaker banks, without injuring the stronger ones, was the issue of clearing-house certificates. THE CLEARING-HOUSE SYSTEM 225 On the 26th of October, 1907, the Clearing-House Associa- tion resolved that any member might present to the loan committee its bills receivable or other securi- Certtficates t * es > to g et h er w i^ ^s own obligation, and receive, in exchange for such securities as were approved by the committee, "certificates" for 75 per cent of the par value of the same these certificates to be accepted in lieu of cash in the payment of balances at the clearing house. The certificates drew interest at 6 per cent, payable to the holder, and were in the following form : No.. LOAN COMMITTEE OF THE NEW YORK CLEARING-HOUSE ASSOCIATION. This certifies that the [name of bank] has deposited with this committee securities in accordance with the proceed- ings of a meeting of the Association held Dollars 10 " October 26, 1907, upon which this certificate is issued. This certificate will be received in payment of balances for the sum of Five Thousand Dollars from any member ef the Clearing-House Association. On the surrender of this certificate by the depositing bank above named the committee will endorse the amount as a payment on the obligations of said bank held by them and surrender a proportionate share of the collat- eral securities held thereunder. $5> 000 Committee. The certificates could not be used for any other purpose ; and, as they drew the highest legal rate of interest from the time they were used, there was a pressure upon the banks not to take out more than they really needed. On the proof sheet shown above, the creditor banks were entitled to receive $13,073,026.50, which might be paid to them 226 BANKING (except fractional sums) in the obligations of the debtor banks, secured by these loan certificates. Thus the reserves of all the banks were made a common fund. The total reserve was not made any larger by this means, ^ ut a ^ t ^ ie reserves f a ll tne banks were made available for those banks which were in tem- porary straits ; and the aggregate demand for currency was lessened, because the union of the banks had a powerful influence on the public imagination. It did not lessen any real want of currency, but it quieted people's fears and checked their imaginary wants. Suppose that a " run on the banks " takes place in a town which has only two such institutions Bank A with a large cash reserve, and Bank B with a sma11 one - Bank A ' instead o demanding payment of the checks on Bank B, which it receives in the course of business, may accept the obliga- tions of the latter, secured by its assets, and leave it free to use all its cash in meeting demands made directly upon it. By this arrangement Bank A practically lends Bank B cash for paying depositors as long as the reserves of the two hold out. If the run should continue, however, both banks, although essentially sound, would be forced into liquida- tion, unless their creditors should be willing to accept certified checks which could not be immediately paid. Any creditor whose demand was not paid could force a liquidation. 1 This represents on a narrow scale what takes place on a wide scale in a city with a large clearing-house association 1 In the panic of 1893 there were three banks in the town of Albany, Ga., which weathered the storm by means of clearing-house loan certificates. In Vicksburg, Miss., five banks joined together in an agreement that they would not pay more than $50 per day in cash to any one depositor, and did so with impunity. THE CLEARING-HOUSE SYSTEM 227 issuing loan certificates in a panic. The combined reserves of sixty-two banks are exhaustible in the same way as those of two banks or of one bank, but a large That oia Large g rou p o f banks united together inspires confidence. People believe that it cannot fail, and because they so believe, it does not fail. When the combined reserves have been lowered to the danger point, the banks, instead of paying cash on checks presented to them, may stamp them " good through the clearing house"; and in nine cases out of ten the holders of the checks will accept them in this form and pay them to their creditors, who will deposit them in their own banks. The checks thus certified pass through the clearing house, where, as we have seen, 95 per cent of them offset each other. Every bank is required by law to pay every check on demand in legal-tender money. Yet, if the holder of the check accepts the stamp, "good through the clearinghouse," in lieu of cash, the law is satisfied. If he insists upon pay- ment at all hazards, the bank must pay or close its doors, and in every such case it will try to pay. It keeps back some of its cash for such emergencies and to meet the needs of manufacturers for the payment of wages, or to answer demands where special hardship would arise from the want of currency. At such times the influence of public opinion is all-powerful and does not allow men to exercise their full rights. The fact is recognized that the banks cannot pay all their deposits at once and that, when a crisis comes, the banks can best judge what discrimination should be made. The whole amount of loan certificates issued by the New York Clearing House in 1907 was $101,060,000, of which $88,420,000 were outstanding at one time. This did not prevent the partial suspension of cash payments. There came a time when most of the banks made some difficulty 228 BANKING about the payment of checks over the counter, although the clearing-house operations continued without interruption. Then the phenomenon of a " premium on suspension not currency was w i tne ssed in Wall Street, always prevented. * Certain persons who had currency in their possession were glad to sell it at a profit, while others who needed it, but who preferred not to add to the troubles of the banks by demanding it from them, were willing to give more than equal amounts in the form of certified checks for it. In this way a brisk business sprang up and the pre- mium of currency over certified bank checks rose as high as 4 per cent. The panic culminated about the i5th of December. Mer- chants and others who were indebted to the banks began then to pay their obligations, and the banks began to redeem their loan certificates and take up the securities pledged for them. The premium on currency gradually subsided. The last loan cer- tificates were redeemed and canceled on the 28th of March, 1908. Thus, although the issue of loan certificates did not prevent suspension altogether, it did avert the worst con- sequences of suspension. It prevented the actual closing of any bank in New York City. It kept the trade of the country in motion. It enabled employers of labor to keep at work and prevented multitudes of business men from falling into bankruptcy. In 1907 clearing-house loan cer- tificates were issued also in Boston, Philadelphia, Baltimore, Chicago, St. Louis, Pittsburg, Buffalo, Detroit, New Orleans, and many smaller cities. On five previous occasions (1860, 1873, 1884, 1890, and 1893) clearing-house loan certificates had been issued in New York in order to curb panics, and with beneficial results in each case. The last general bank suspension in which the banks closed their doors took place in 1857. Although the THE CLEARING-HOUSE SYSTEM 22Q clearing house existed then, the system of combining the reserves had not been devised. In the panic of 1893 various devices were resorted to in the smaller cities, in order to procure substitutes for cur- rency, for the payment of wages, and for retail trade - In man y manufacturing towns of New England checks were drawn on banks in de- nominations from $1.00 up to $20 and stamped "payable to the bearer through the clearing house only." These were usually not certified by the banks, the credit of the drawers being sufficient to make them pass current in their respec- tive communities. In some cases railroad companies issued to their employees pay-checks drawn on their own treasurers, which were generally accepted along the line of the roads. In some Southern towns clearing-house loan certificates were issued for general circulation for $1.00 and upward, guaran- teed by all the banks in the place where they were issued, and secured by their bills receivable, deposited with a cus- todian, for 50 per cent more than the amount of the total issue. At Mount Vernon, in the state of Washington, the Red Cedar Shingle Company sold shingles by the car load and received due bills from the purchasers in small denominations, which the company endorsed and paid to its employees. These passed current in the community till they were redeemed. In Birmingham, Ala., clearing-house loan certificates were issued for sums as small as 25 cents. All of these temporary devices of circulating medium were withdrawn from use and redeemed as soon as the panic subsided. 1 In the panic of 1907 similar devices to supply a circulating medium were used in all parts of the country. 1 A description of the various substitutes for money which the panic of 1893 called into existence, with fac-similes of many of them, is given in a speech of Hon. John DeWitt Warner in the House of Representa- tives, June 2, 1894. See also Sound Currency, Vol. II, No. 6. 230 BANKING RECAPITULATION Clearing is the settlement of mutual claims by the pay- ment of differences. In bank clearings the clearing house is the only creditor and the only debtor of each bank. It ascertains the amount of each bank's balance, receives the money due from the debtor banks, and distributes it to the creditor banks. The clearing house is a labor-saving machine ; and it makes little difference, as regards the time and labor involved, whether the number of banks and the amount of claims adjusted be large or small. Clearing is susceptible of application to other kinds of business than that of banks. There is a railway clearing house in London, for the settlement of balances of railway earnings. There is a stock exchange clearing house in London, and one in New York, for settling differences between stock brokers. There was a gold exchange bank in New York during the suspension of specie payments, which operated as a clearing house for dealers in that metal. A clearing-house association, as an organization of banks, is well fitted for other tasks besides settling balances with each other. It has been especially useful in calming the public mind in times of financial panic. This it has accom- plished by combining the cash reserves of all the banks, putting them under the control of a committee, and issuing loan certificates for the payment of balances at the clearing house. By this means the banks lend to each other their cash reserves, according to the discretion of the committee. The repayment of the loans is secured by the bills receiv- able, or other assets, of the borrowing banks. The union of the banks in this manner has a quieting effect upon the THE CLEARING-HOUSE SYSTEM 23! business community. The holders of checks are thus per- suaded in most cases to accept certification of the same, instead of demanding payment in cash, and the certified checks for the most part balance each other at the clearing house. Since 1857 there have been six financial panics which have been greatly mitigated by the use of clearing- house loan certificates, and there has been'no general bank suspension since that year. AUTHORITIES Cannon's The Clearing House. Bolles' Practical Banking. Gibbons' Banks of New York. Gilbart's Principles and Practice of Banking. H. D. Lloyd's article on " Clearing and Clearing Houses," in Lalor's Cyclopedia of Political Science. CHAPTER IV COLONIAL BANKING A PUBLIC bank in the American colonies, as we have seen, was an emission of circulating notes by a provincial government, with a promise of redemption of the same from the proceeds of taxation at a of Banking. fixed time. A private bank was an emission of notes by private persons, to supply a supposed deficiency of the medium of exchange. In some cases there was a specific promise of redemption of such notes. In others there was merely an agreement among the subscribers to accept them in trade. According to the latter plan it was not necessary that a bank should have any capital, but merely that it should have the means of putting its notes in circulation. Consequently the subscribers to the undertak- ing did not agree to pay money into the bank, but to take out and keep out a quantity of the note issues proportioned to their subscriptions, and to accept the same in trade as the equivalent of money. As security for the fulfillment of this promise, and for the ultimate redemption of the notes in money or goods, they gave mortgages of land to the asso- ciation of which they were members. The association was both a lending and a trading company. It bought goods with its notes, or loaned the notes at interest on the security of land or personal property. The current ideas of banking were derived from England, and more remotely from the continent of Europe. The Bank of Amsterdam was established by the city government 232 COLONIAL BANKING 233 of that place in 1609, for the purpose of maintaining the true standard of value in commercial transactions. The coins then in circulation were not of uniform The Bank of goodness. Some were worn by long use, Amsterdam. * others were mutilated, many were produced by private mints. They were of almost countless variety and were, on the average, about 9 per cent below their nominal value. The Bank of Amsterdam served both as an assay office and as a place of deposit. All sorts of coins were received from depositors and their weight and fineness determined, and the depositors were allowed to draw out for their own use, or to transfer to others, the true value in standard money, or in "bank money," as it was commonly called. All bills of exchange payable in Amsterdam were required by law to be paid in bank money. Transfers of such money were at first made by the payer to the payee personally in the bank, but this method was afterward super- seded by orders in writing ; and here, perhaps, we find the origin of the bank check. The lesson which hacLbeen learned in England from the con- tinental banks in the first half of the seventeenth century was that if the degraded coin then in circulation should be deposited in a bank and an equivalent credit in terms of standard coin be given depositors, such credits could be made use of in the adjustment of debts by transfers of account at the bank. The idea of mak- | ing a bank thus act as a clearing house for the nation, through the deposit in its vaults of all the current coin, and its conversion into bank credits, soon led to propositions to comprehend goods and merchandise with coin in the establishment of bank credits. This was naturally followed by the argument that land, being stable and unperishable, was even better for the purpose than coin or goods. 1 v, * Currency and Banking in the Province of Massachusetts Bay, by Andrew McFarland Davis, Part II, "Banking" (1901). 234 BANKING The assumption that giving security for the tiltimate pay- ment of a paper currency is the same thing as providing for its redemption at any time, or that it will answer the same purpose, is a pernicious fallacy. It confounds tne P rormse to P a 7 money with money itself. The promise to pay is of full face value only where there is certainty of its fulfillment at the demand of the holder. Security, on the other hand, implies payment at some future indefinite time; and, where land is the security, the time is usually remote. A paper currency must be promptly redeemable in coin. No kind of security, not even that of government bonds, is a good substitute for such redemption. Yet the idea of " basing " currency on various kinds of property, and especially on land, has had many advocates ; and many experiments invariably end- ing in disaster have been made with currency of this kind. This idea found lodgment on our shores in the latter part of the seventeenth century. In September, 1681, there was "The Fund at established in the colony of Massachusetts Boston in New Bay a company called " The Fund at Boston in New England," whose object was to facili- tate the transfer of property and credits among the members by book entries at the head office. The basis of the Fund consisted of mortgages conveying to the trustees certain real estate to be held by them for the purposes designated in the articles of association. To each mortgageor was given a cor- responding credit which he could transfer to any other member in the form of a " change bill " for any debt, purchase, or obliga- tion. Our knowledge of this institution is very slender, being limited to one mutilated pamphlet and a few mortgages in the Suffolk Registry of Deeds for the years 1681 and I682. 1 1 See essay on " The Fund at Boston in New England " by Andrew McFarland Davis, in Proceedings of the American Antiquarian Society, April 29, 1903. COLONIAL BANKING 235 This was followed in 1714 by a more elaborate scheme of private banking entitled " A Projection for erecting a Bank of Credit in Boston, New England, founded on Land Security." The preamble recited that there was a sensible decay of trade for want of a medium of exchange. To supply this deficiency certain parties proposed to subscribe ,300,000, every subscriber agreeing to "settle and make over real estate to the value of his respective subscription, to the trustees of the partnership or bank, to tion" ofTr ke and remain as a fund or security for such bills as shall be emitted therefrom." Each subscriber was pledged to give the same credit to the bills as to those of the province, and to accept them in all pay- ments, "upon forfeiture of 50 for each refusal until the refuser has forfeited his whole security and profits." Loans of the bills might be made on " ratable estates," to the amount of two-thirds of their value ; on " iron or other unperishable commodities, as a pledge, for one-half or two-thirds according to the market." Each subscriber was obligated to take out, and keep out for two years, notes of the bank equal to at least one-fourth part of the amount of his subscription ; but he could transfer this obligation, or privilege, to any other person on the books of the bank. All loans were to bear 5 per cent interest. tSs 6 C ncep " The form of the notes contained no promise to pay, but merely the pledge of the sub- scribers to " accept the same in lieu of - shillings in all payments " and the pledge of the bank to accept them "for the redemption of any pawn or mortgage in the said bank." The " Projection " led to a controversy which, the his- torian Hutchinson says, "had an universal spread and divided towns, parishes and particular families." Paul Dudley, the Attorney-General, attacked it on legal grounds. No process 236 BANKING was indicated by which any holder could compel any sub- scriber to receive the notes as the equivalent of silver money in goods, nor was there any provision for fixing the price of the goods. The General Court disapproved of the scheme and, in order to create a division in the ranks of its support- ers, passed a new loan act for ^50,000 of colonial bills of credit. "This," says Hutchinson, " lessened the number of the party for the private bank but it increased the zeal and raised a strong resentment in those which remained." Following this attempt, and evidently patterned on it, was a company formed in Connecticut in 1732 under the name of the New London Society United for Trade and Commerce - A petition for a charter, addressed to the colonial assembly in 1729 by Solomon Coit in behalf of the company, asked among other things that the company be allowed to " emit bills for currency upon our own credit as we may see occasion at any time, for promoting or maintaining our trade " and that the penalties for counterfeiting the bills should be the same as for counterfeiting those of the province. 1 The petition was refused, for the reason, evidently, that the assembly was not willing to grant to a private company the power to issue bills of credit as currency. Three years later a char- ter was granted to the New London company without the power to issue bills, but the company immediately passed a vote to issue ,30,000 of bills and began to put them in circulation by buying goods from persons who were willing to take them. The bills recited on their face that they should be " equal in value to silver at sixteen shillings per ounce, or to bills of publick credit of this or the neighboring governments." There was no- promise that money or any- thing should be paid for them, but merely that they should be accepted by the treasurer of the society " and in all 1 Davis, Banking, p. 105. COLONIAL BANKING 237 payments in said society from time to time." The society had no capital, but the members had executed mortgages of land which were supposed to secure the holders of the notes. The bills of the New London company were eagerly accepted in trade; but, as soon as the fact of their issue came to the knowledge of Governor Talcott, ne to ^ ste P s to suppress them. The colonial assembly was called together to consider the subject. It declared that it was not legal for private per- sons to emit bills of credit to circulate as money without authority from the government, and it repealed the charter of the New London company for violation of its provisions particularly because it had no capital paid in, as the charter contemplated, but only mortgages as a basis of its trading operations. The company was accordingly dissolved, and the legislature made an issue of colonial bills of credit with which to redeem the company's bills, taking the mort- gages in the hands of the company's treasurer to reimburse the government. Rhode Island in 1731 struck terror into the business communities of Massachusetts and Connecticut by a "new bank," with an issue of ,100,000 in bills of Private Note cre dit as loans to individuals. An attempt Issues in 1731 . was made in Massachusetts to forestall this issue by an agreement of the leading citizens not to accept them in trade. In order, at the same time, to preoccupy the field of circulation, a number of Boston merchants of high standing formed a partnership and issued .110,000 of notes intended for general circulation. They were issued as loans at interest, repayable in notes of the same kind, or in coined silver of specified weight and fineness, at different periods during the next ten years. The details of the issue are interesting, but the only fact of importance now is that this was an attempt to drive out a bad currency 238 BANKING by issuing a better one to take its place. The result was in strict accord with Gresham's Law. The Rhode Island bills came in, despite the efforts made to keep them out. They caused a further depreciation of the currency. The merchants' notes, which had a fixed value in silver and were supported by the credit of wealthy and well-known citizens, commanded a premium and were consequently hoarded. This kind of banking found imitators in the Province of New Hampshire. In 1735 a number of merchants in Portsmouth formed a partnership and issued A New Hampshire notes of var i ous denominations, payable in Experiment. ten years " in silver or gold at the then cur- rent price." The only important fact about this bank is that the assembly of Massachusetts passed an act to pro- hibit the circulation of these notes in the latter province, and that the Lords of Trade in London disallowed it, on the ground that, since nobody was obliged to take them, " it would be a great hardship to set a public mark of discredit upon the persons engaged in this undertaking." In other words, the Lords of Trade recognized the fact that the issue of notes by private persons to circulate as money was per- missible, provided they were not made legal tender. The next attempt to establish a bank in Massachusetts, and the one most disastrous to the projectors, was made in 1740 under the name of the "Land Bank or of h i e 7 4o and ^^ Manufactory Scheme." 1 It was an outgrowth of the ideas which gave birth to the " projec- tion" of 1714 and to the New London Bank of 1732. The prospectus was published as a broadside on the roth of 1 See "A letter to a merchant in London concerning a late combina- tion in the Province of Massachusetts Bay in New England to Impose or Force a Private Currency called Land Bank Money ; printed for the publick Good, 1741." This pamphlet is anonymous, but Mr. A. McFar- land Davis says that it was written by Dr. William Douglass. The style certainly resembles that of Douglass. COLONIAL BANKING 239 March, 1739-40. It proposed to found a bank with a capi- tal stock of "^"150,000 lawful money" but did not provide for paying in any money, except 4^. on each ^"1000, to meet the expenses of organization. Each subscriber was to "make over an estate in lands " to the satisfaction of the directors and pay 3 per cent interest for the same, either in the bills of the company or in various manufactured articles, the produce of the provinces. The list of things so receiv- able included hemp, flax, cordage, iron, wool, beeswax, tallow, cord wood, and a dozen others, at prices to be fixed by the directors. Five per cent of the principal of the subscription was to be paid each year in the same articles or in said bills. The form of the bills was appended to the prospectus, thus : Twenty Shillings. We promise for ourselves and partners to receive this twenty shilling bill of credit as so much lawful money in all payments, trade and business, and after ye expiration of twenty years to pay ye possessors ye value thereof in ye manufactures of this province. The wording of the bills was subsequently changed to the following form : We jointly and severally promise, for ourselves and partners, to take this bill as lawful money at six shillings eight pence per ounce in all payments, trade and business and for stock in our treasury at any time ; and after twenty years to pay the same at that estimate on demand of Mr. Joseph Marion, or order, in the produce or manufactures enumerated in our scheme, for value received. Although no method of issuing notes was described in the prospectus, it was understood that the capital stock of ^"150,000 was to consist of bits of paper of the foregoing tenor, to be divided among the subscribers in proportion to their subscriptions, and that they were to buy goods with 240 BANKING them, subject to the condition that they should accept them in trade, at the rate of 6s. 8d. per ounce of silver a phrase which, in the absence of any fixed Its Note Issue. * prices for the goods traded in, was quite meaningless. But even if this had been a solvent specie- paying bank, the net result would have been a donation of the face value of the notes by the public to the bankers, without any return whatever, since the notes were payable only at the end of twenty years, and the prevailing rate of interest was 5 per cent. At least one thousand men of Massachusetts saw this prospect of gain, for fully that number subscribed for shares in the " Land Bank or Manu- factory Scheme." These men had large political influence. They soon acquired a majority in the House of Representatives, but Governor Belcher and the Council were bitterly opposed to the project. The governor issued a proclamation against it and cautioned all persons, especially all office holders, against receiving the bills of the Land Bank, saying that they tended to defraud people of their property. Notwithstanding this opposition, the Land Bank began to issue its bills in September, 1740. Their appearance in business circles caused much anxiety in Boston, whose merchants could not fail to see the mischievous and unsubstantial nature of the scheme. One hundred and fifty of them signed an agree- ment that they would not take the Land Bank bills on any terms or countenance their use in any way. The Land Bank now became the great issue of the day, overshadowing every other. Governor Belcher removed from office several persons who favored the bank after he had issued his proclamation against it. Many others tendered their resignations, among them Samuel Adams, Sr. The directors of the Land Bank sent a copy of their articles of association to the Council for COLONIAL BANKING 241 record. The Council ordered the secretary not to receive it and voted that the presentation of it was an indignity. That the Land Bank was legal, in the absence of any prohibition by the General Court, does not admit of doubt. Governor Belcher, the Council, and the Boston f^ 11 *??* merchants knew this. They knew also that takes Action. * they could not get the lower house to join with the Council in prohibiting it. 'So they turned to Parliament, and here they were more successful. On the zyth of March, 1741, the House of Commons passed an act extending the provisions of the so-called Bubble Act of 1720 to the American cn1o n ' p<; The latter act had been passed in order to prohibit the transaction of business by joint stock companies without special authority of statute, and it imposed severe penalties upon those who should do so. It was applicable only to the United Kingdom ; yet Parliament now declared that it " did, does and shall extend to America," and in the preamble it referred expressly to the Land Bank as one of the offenders against it. This was ex post facto legislation, based upon historical untruth. Not only had the Lords of Trade, in the New Hampshire case cited above, refused to put the stamp of illegality upon a bank in the colonies, but the Attorney-General in 1735 had declared in an official communication that there was no objection in point of law to a land bank at that time pro- jected " at Boston in the Massachusetts Bay."^ Before the news of the act of Parliament reached Boston the bills of the Land Bank had been somewhat discredited by reason of the refusal of the principal merchants of Boston to touch them. Their action caused Mob Violence. great exasperation in the rural districts, and a movement was started to use mob violence against them. Governor Belcher received information of the intended riot and sent the sheriff to arrest the leaders of it. 242 BANKING The Land Bank men, in order to get their notes in circu- lation, had bought any kind of goods for which the owners would accept the notes in payment, and at such prices as the individual traders could agree upon. There was noth- ing like a uniform price of goods so bought. Now the Bubble Act altered the terms of these private contracts by giving the holders of the notes an immediate right of action against every partner for their face value. Many of the shareholders were ruined. Some of them withdrew to the neighboring colonies where they could not be reached, leav- ing a heavier burden upon others. The affairs of the Land Bank occupied the attention of the General Court for a quarter of a century, and the litigation growing out of its affairs was protracted till 1767 or later. 1 No step taken by the mother country in reference to the colonies was more maladroit than this. No other, not even the Stamp Act, caused greater bitterness. It was also quite unnecessary, for the Land Bank was doomed to an early death by its inherent vices. Its weakness had already been manifested in the early return of its bills to the company's treasurer and to individual members, to be exchanged for tangible property, lest they should fall in value. Just as it was beginning to totter by reason of its own feebleness the British government gave it an annihilating blow. All the educating and helpful influence that would have followed from a natural demise was lost, and in its place was planted an undying animosity toward the mother country for an act of glaring injustice. Massachusetts was nearly ripe for revolution in 1741. 1 The history of the Land Bank of 1740, down to the smallest minu- tiae, is given by Mr. A. McFarland Davis in the volume cited on page 233. COLONIAL BANKING 243 RECAPITULATION The principles of banking are the outgrowth of experi- ment. They must be learned from the history of banking, and particularly from the laws that have been enacted from time to time. These laws are the crystallization of ideas dominant at given periods. The earliest ideas of banking in the American colonies were drawn from the mother country, and, more remotely, from the continent of Europe. The commonest conception of a private bank in New England was that of a company or partnership formed to supply circulating notes as a medium of exchange, in addition to the bills of credit of the colonial governments. It was believed that, if such notes were bottomed on landed security, current redemption would not be necessary. In this view no capital was required for the starting of a bank, but merely confidence. Several attempts were made to establish banks and to supply a medium of exchange on this theory, but the experiments were always checked or suppressed by the colonial or the home government before the ultimate economic results had manifested themselves. AUTHORITIES Dr. Wm. Douglass' Discourse concerning the Currencies of the British Colonies in America. Hutchinson's History of Massachusetts from 1628 to 1774. Felt's Historical Account of Massachusetts Currency. Trumbull's The First Essays at Banking and the First Paper Money in New England. C. H. J. Douglas' Financial History of Massachusetts. Davis' History of Currency and Banking in the Province of Massachusetts Bay : Vol. II, "Banking." CHAPTER V EARLY AMERICAN BANKS THE first bank in the United States was the Bank of North America, at Philadelphia. It was planned and put in operation in 1781 by Robert Morris, the Superintendent of Finance of the Revolution, in order to give financial support to Washing- ton's army. It had been preceded by a so-called " Bank of Pennsylvania," which was a private subscription of money, not for the sake of profit, but to supply rations for the army when the Continental currency was becoming worthless. Morris conceived that a bank with a paid-up capital, on a specie basis, and in high credit, " would have the interest of a stock two or three times larger than that . which ' lt reall y possessed." By this he meant that it could lend its credit, and receive inter- est therefor, to an amount two or three times larger than its cash on hand, a sound conception. The project was approved by Congress, which granted a charter to the bank on May 26, 1781. The great difficulty was to secure the necessary subscription. The capital stock was fixed at $160,000, with power to increase it, but only $70,000 was subscribed in the first four months. Fortunately a French frigate arrived at Boston in September, bringing $462,862 in specie to the government. Morris brought it in wagons to Philadelphia and lodged it in the bank. He then increased the capital stock to $400,000 and made a subscription of $250,000 thereto for the government, paying in $200*000 of 244 EARLY AMERICAN BANKS 245 the amount. This brought financial support to the bank from private sources and gave it immediate credit, through which it was enabled to make large advances to B the government, besides doing a considerable business in the discount of commercial paper. Morris' anticipations were fully realized. The troops were regularly fed, clothed, and paid ; industry revived ; the bank's notes were redeemed in specie on demand ; and it was found that there was no lack of a circulating medium. This magi- cal transformation took place after the Continental currency had disappeared, and largely because of its disappearance. Doubts existed whether Congress had the power, under the Articles of Confederation, to charter a bank. Conse- quently, the Bank of North America sought and obtained another one from the legislature of Pennsylvania. After the termination of the war the bank became very prosperous, paying dividends of 14 per cent per annum. These gains prompted the starting of another bank in Philadelphia ; but the Bank of North America offered to enlarge its capital and take in the subscribers to the new bank, and the offer was accepted. Morris had remarked in 1784 that the bank had created a habit of punctuality in the payment of debts and that everybody felt the benefit of it, meaning Attacks on the everybody who was in good credit. These, Bank after the J war. however, were far from being a majority of the people. Complaints were made to the legislature that the bank was guilty of favoritism, extortion and harshness to debtors, and that it tended to destroy that equality which ought to exist in a commercial country. A petition embodying these and other accusations was pre- sented from citizens of Chester County, with a hint that bills of credit issued by the state would be more beneficial than bank notes. This meant that bills of credit would be 246 BANKING distributed according to population or political influence, whereas bank loans were at the service only of men who could repay them at maturity. The legislature took the matter into consideration and appointed a committee " to inquire whether the bank estab- lished at Philadelphia was compatible with the public safety and that equality which ought ever to prevail between the individuals of a republic." This idea, that the business of banking savors of aristocracy and tends to the overthrow of free institutions, had a strong hold on the public mind in the early years of the republic 1 and has not yet wholly disappeared, although it has undergone some modifications. The legislature of Pennsylvania was so far repealed"* 6 convinced of the tendency of banks to pro- duce inequality among citizens that it repealed the charter of the Bank of North America on September 3, 1785, within three years of the time when it had rendered ines- timable services to the patriot cause. The bank protested that the charter was irrepealable and continued its business, but took steps to obtain a charter from Delaware, with the intention of transferring itself to Wilmington. Such a charter was granted early in 1786. Then Pennsylvania, fearing lest it should lose the bank, in 1787 granted it a new charter which was renewed from time to time and under which it continued till the national banking law was passed. It declined at first to enter the national system, because, under the rules adopted by Secretary Chase, it would have been obliged to change its name. But a dispensation was granted to it, on account of its illustrious origin, to come in without 1 " Pope, of Kentucky, in the debate of 181 1, said that the Virginians were known to be very poor financiers, ' for they were, a few years since, frightened at the very name of a bank. ... It required all the eloquence of [Brent of Virginia] to persuade the Legislature that the little Bank of Alexandria would not sweep away their liberties.'" SUMNER, History of Banking in the United States, p. 20. EARLY AMERICAN BANKS 247 such change. The Bank of North America is now one hundred and twenty-seven years old, and has passed its semi- annual dividend only five times. The benefit And refinacted. . , it has conferred upon the country, by setting an example of sound principles and practice in banking, is second only to its patriotic service in the Revolution ; and for both we are indebted to Robert Morris, although he was never president or even a director of the bank. 1 Ordinarily it would not be good banking practice to advance large sums of money to the government or to have the government for a shareholder of the bank, but both of these features were necessities in the case of the Bank of North America. Within the limits thus imposed, the bank was conducted in a businesslike manner. The government paid interest and principal on its loans like a private bor- rower, and received dividends on its shares like a private stockholder. It ceased borrowing and sold its shares as soon as possible. Next in point of time was the Bank of Massachusetts. Its charter, granted by the legislature on February 7, 1784, con- tained no restrictions or conditions except the ^ n * t t f s MaSSa ' right of the legislature to examine its affairs. No mention was made of circulating notes, since the right to issue them was thought to be embraced in the right to be a bank, though a subsequent law was passed by the same legislature to punish persons who should counterfeit the notes. The first restrictions on the bank were imposed by a law passed in 1792. These were: (i) that the bank should not issue notes smaller than $5.00 ; (2) that the outstanding notes and loans should not exceed 1 A History of the Bank of North America down to 1882 has been written by Lawrence Lewis, Jr. An interesting account of its origin and early years is given in Sumner's Financier and Finances of the American Revolution. 248 BANKING double the amount of the capital stock actually paid in ; (3) in case of violation of this law, the directors were made personally liable for the debts of the bank, but those who were absent or had dissented might Restrictions. exonerate themselves by giving notice forth- with to the governor of the state ; (4) statements of the bank's affairs were to be given to the governor and council every six months, but no form of statement was prescribed ; (5) the bank was prohibited from dealing in merchandise or in the shares of any bank. The third in point of time was the Bank of New York, founded or, at all events, proposed by Alexander Hamilton in 1784, as an alternative to a Y k land bank favored by Chancellor Livingston. Under the Livingston plan one-third of the bank's capital was to be paid in cash and the remaining two-thirds was to consist of landed security in New York and New Jersey. In March, 1784, Hamilton wrote a letter to J. B. Church, counseling him against this project and proposing a " money bank " in place of it. He dissuaded several city merchants from taking an interest in the land bank, and they then asked him to draw up articles for a money bank, which he did. This was the Bank of New York. It began business without a charter on June 9 of the same year. As its application to the legislature for a charter was refused, it began business without one ; but the only penalty for doing so was the condition that the liability of the shareholders for the debts of the bank was unlimited. The bank, when organized, announced that the rate of interest on loans would be 6 per cent, that loans should run for thirty days only, that no note would be discounted to pay a former one, that payments to the bank must be made in its own notes or in specie, and that overdrafts would not be allowed. Gold coins, which at that time were EARLY AMERICAN BANKS 249 more or less clipped or abraded, were to be received by weight only. These regulations, especially the one requiring punctual payment of debts, made the bank very prosperous but very unpopular. The directors were charged with working in the interest of British capitalists and traders and with refusing discounts a few days before the sailing of the European packet, that they, person- ally, might profit by the distress thus occasioned. Unpopular '^ e bank, ^ was contended, had destroyed private credit, as well as that confidence, forbearance and compassion formerly shown by creditors to their debtors. Such was the result of enforcing the payment of a note at maturity when lodged in the bank. And among the terrible consequences to follow, it was predicted that " if their number is not restricted, should banks be permitted in America, after the profits they yield are known, we may not alone have one in every state but also in every county of the different states." : In 1786 the state made an emission of bills of credit, with the result that the bank divided itself into two parts, a specie bank and a paper bank, keeping the accounts of the former in dollars and of the latter in pounds, making dis- counts in paper on Tuesdays and in specie on Thursdays, and issuing some of its circulating notes redeemable in paper of the state and others redeemable in specie. An application was made for a charter in 1785 and another in 1789. Both were refused. A charter was finally granted to the bank in 1791. It provided (i) that the debts of the bank, " over and above the ttustnc Lions monies then actually deposited in the bank," should not exceed three times the amount of the capital actually paid in ; (2) that it should not hold real estate, except such as might be requisite for the accommodation of its own business or such as it should have taken as security 1 History of the Bank of New York, 1784-1884, by Henry W. Domett. 250 BANKING for debts previously contracted ; (3) that it should not deal, or trade, in any kind of commodities, or in the stocks of the United States, or of any state, though it might, when necessary, sell any such stocks pledged to it by way of security. In the first list of shareholders of this bank are the names of Alexander Hamilton, Aaron Burr, and Rufus King. One of the depositors was Talleyrand, some of whose checks are still preserved. The earliest regulations of banking enacted by public authority in the United States were those enumerated above. The first regulation of Massachusetts had refer- ence to the denominations of bank notes. The question whether a bank should be allowed to issue notes smaller than $S- or $10 was a matter olTuill JXOl.CS. of controversy in most of the states during the first half of the nineteenth century. Legislation on the subject was not uniform. It was contended, on the one hand, that it was desirable to have a large amount of specie in circulation, in order to give stability to the currency, and that the way to secure this was to banish small notes. It was also argued, on the other side, that the circulation of specie, beyond the amount required for small change, was an inconvenience and involved an appreciable loss by abrasion. Experience in the United States has now decided in favor of paper currency of denominations as small as $1.00. The restriction of notes and loans to twice the capital stock actually paid in was intended to guard against undue expansion of both debts and credits. In the Restriction i a t er legislation of Massachusetts, as will be of Debts and Credits. seen, the restriction was changed so as to provide that neither the credits nor the debts of a bank (except for deposits) should exceed twice the EARLY AMERICAN BANKS 251 capital, the deposits not being reckoned as debts for this purpose. (This restriction, as regards loans, has been superseded in the national banking law by a require- ment that a bank shall not make new loans when its cash reserve is below a certain percentage of its deposits.) In case of violation of the law, the directors were per- sonally liable for the debts of the bank unless they took immediate steps to make their dissent known to the public authorities. The reasons for requiring periodical bank statements have been considered in Chapter II, but the Massachusetts requirement was defective, since it gave opportunity to the bank's officers to make special preparations bitions* 1 therefor. The prohibition against trading in merchandise was proper, since such trading would have made the banker a rival in business of the merchant and to that extent would have incapacitated him for discounting the merchant's paper. The two vocations should be cooperative, not competitive. It was inexpedient also for a bank to buy its own shares, since by so doing it impaired its capital. If Bank A, for example, with a paid capital of $100,000, buys in all its shares, it stands just where it was before any was paid. If Banks A and B buy each other's shares, the result is the same as though each one had bought its own shares. The community, in that case, has no more banking capital than if neither of them had ever existed. As the debts of a bank consist, for the most part, of its deposits and its circulating notes, the first legal restriction on the powers of the Bank of New York was New York practically that its note issues should not Restrictions. * exceed three times the amount of its paid-up capital. If there was to be any legal restriction on note issues, this provision was sufficiently liberal. At the time 252 BANKING when the charter was granted, and while there was no restriction whatever on its note issues, its paid-up capital was $318,250 specie, and its outstanding notes of the two kinds only $360,000 specie value. The clause in reference to the holding of real estate was a sound restriction. Since a bank's liabilities are payable on demand, its investments should be in quick assets. Real estate is not included in that category. The prohibition against trading in commodi- ties is a repetition of the law of Massachusetts, and the reasons for it are the same. It does not, however, follow that the banker should not buy or sell stocks of the state or of the United States. Those are often highly desirable forms of investment for some part of the funds of banks, by reason of the facility with which they can be turned into cash in emergencies. RECAPITULATION When the Federal Constitution was formed, there were three banks in the United States, which still exist, the Bank of North America at Philadelphia, the Bank of Massa- chusetts, and the Bank of New York. All were issuing cir- culating notes, and continued to do so, without dispute or question, after the Constitution was adopted. It is plain, therefore, that the clause of the Constitution which prohibits the states from emitting bills of credit did not prohibit, or have any reference to, bank notes. One of these banks existed several years before it received a charter from the legislature, and it exercised, without dis- pute or question, the functions of issue and deposit. It is evident, therefore, that the banking business was free in the United States until it was restrained by statute. Restric- tions were enacted by the state legislatures from time to time, which reflect the state of public opinion at the several EARLY AMERICAN BANKS 253 times and places. The earliest regulations of law related to the denominations of bank notes, to the proportions which should exist between the capital on the one hand and the debts and credits of banks on the other, to the holding of real estate, and to the power of trading in goods and securities. AUTHORITIES Sumner's Financier and Finances of the American Revolution. Lewis' History of the Bank of North America. Domett's History of the Bank of New York, 1784-1884. E-MC^^W-^ ;0C- CHAPTER VI FIRST BANK OF THE UNITED STATES THE next event of importance in the history of banking in this country was the organization of the Bank of the United States in 1791. This institution was established on lines laid down by Alexander Hamilton, the ReTrt n ^ rst Secretary of the Treasury, in a report dated December 14, 1790, made in obedience to an order of the House of Representatives. This report embraced a statement of the principles which should, in his opinion, govern such an institution and of the reasons why it might be useful to the government in emergencies and to the busi- ness community at all times. Hamilton took ground against paper money issued by the government, either directly or through a bank owned by itself, but he saw no reason why the government should not be a partner in the bank, provided the management was in the hands of the private owners. The bank act passed by Congress followed, for the most part, the plan which he proposed. The capital was to be $10,000,000, divided into 25,000 shares of $400 each. Eight millions of the capital stock was open to subscription by the public, one-fourth to be paid in specie and three- fourths in government obligations bearing *> P er cent i nterest > tne subscriptions to be paid within two years. The remaining $2,000,000 of the capital might be subscribed by the United States, payable in ten equal annual instalments with interest at 6 per cent, and was so subscribed. Each shareholder 254 FIRST BANK OF THE UNITED STATES 255 was entitled to cast one vote for one share, one vote for the next two shares, and so on, no shareholder being entitled to cast more than thirty votes. Foreign shareholders were not allowed to vote by proxy, and therefore practically could not vote at all. Not more than three-fourths of the directors were eligible for the next succeeding year. The bank could not hold real estate except for the immediate accommoda- tion of its business, but it was not forbidden to lend on mortgage security. The bank could not become indebted for a greater amount than its capital stock, ChSter iODS f ^ over and above the amount of its deposits, - that is, the deposits were not to be counted as liabilities, in estimating its right to contract debts. In case of excess, the directors were to be personally liable to creditors of the bank, but directors absent or dissenting might exonerate themselves by notifying the President of the United States and the stockholders at a meeting which they should have the power to call for that purpose. There was no other limit on the note issues of the bank than this. It meant substantially that the circulating notes might be equal in amount to the capital stock) The head of the Treasury should have the right of inspecting all of the affairs of the bank except the accounts of private individ- uals and could call for reports as often as once a week if he chose to do so. The notes of the bank should be receivable for all public dues as long as said notes were payable in gold and silver coin. The Treasury was not required to deposit the public money in the bank. The bank might have branches wheresoever the directors should see fit. It might sell any part of the public debt of which its stock was composed, but could not purchase any public debt whatsoever, nor trade in goods except such as might have been pledged for money loaned and not repaid. The rate of interest on loans could not exceed 6 per cent. 256 BANKING ft *The government pledged itself to grant no other charter for a bank during the continuance of this one, which was lim- ited to twenty years. The bill passed the Senate Decem- ber 23, 1790, without a division. It passed the House February 8, 1791; yeas 39, nays 20. All the affirmative votes, except three, were from states north of the Potomac, mostly of Federalists ; all the negative, except one, were from states south of it, mostly of anti-Federalists, or Republicans, as the followers of Jefferson were called. President Washington called for the written opinion of the Attorney-General, Edmund Randolph, on the constitu- tionality of the bill. It was given adversely constitutionality to the measure. He then asked for that of of the Bill. the Secretary of State, Mr. Jefferson. This was also adverse. Jefferson held that there was no warrant in the Constitution for the incorporation of a bank by Con- gress, and that it could not be considered " necessary " for carrying into effect any other power expressly conferred upon Congress. He admitted, however, that if, in the Presi- dent's mind, the pros and the cons were pretty evenly bal- anced, the doubt ought to be resolved in favor of the bill, as a matter of respect and deference to the legislative branch of the government. The opinions of Randolph and Jeffer- son were then sent to Hamilton for such answer as he might be able to make, and he replied at considerable length and with great force. He held that the word " necessary," as used in the Constitution, did not mean absolutely necessary, but fitting and appropriate. He said that no power had been conferred upon Congress to establish lighthouses and buoys. The power to erect and establish these things was inferred from the power to regulate commerce and nobody questioned it, yet commerce could be regulated without lighthouses and buoys. Hamilton's arguments prevailed, and Washington signed the bill. FIRST BANK OF THE UNITED STATES 257 Of regulations in the charter of this bank additional to, or different from, those of the earlier ones, mentioned in the preceding chapter, the most important are those relating to the composition of the bank's capital and to participation of the government as a shareholder. In explanation and defense of the provision which allowed three-fourths of the capital to be paid in the 6 per cent obligations of the government, Hamilton said in his report:. The chief object of this is to enable the creation of a capital sufficiently large to be the basis of an extensive circulation and an adequate security for it. ... To collect such a sum in this country in gold and silver into one depository may, without hesi- tation, be pronounced impracticable. Hence the necessity of an auxiliary, which the public debt at once presents. This part of the fund will be always ready to come in aid of the specie; it will more and more command a ready sale and can therefore be expe- ditiously turned into coin if an exigency of the bank should at any time require it. No exception need be taken to this argument, considering the time and circumstances of the case. Ordinarily it would not be considered good banking practice to wlshlSder. acce P t an yt hin g but money as a part of the capital, even though some portion of it were subsequently invested in government bonds. Such invest- ment should be left to the discretion of the directors after the organization is effected. Although, as Hamilton said, the bonds were intended to be the basis of circulation and an adequate security for it, they remained under the control of the bank and might be converted into money at any time. The government's participation as a shareholder was not justified in this instance by necessity, as it had been, ten years earlier, in the case of the Bank of North America. Private persons were now eager to supply all the capital 258 BANKING required. If pecuniary gain were a sufficient reason for the government's participation, it could have been obtained more easily, and without risk, by a tax. Even if we conceive it expedient for the government to have been a shareholder at all, the clause which allowed it a long credit in paying for its stock was indefensible. It was a speculation on the part of the government, and a successful one as it turned out, but it set the example of paying for shares with " stock notes," which was the poison of banking in the United States for the next fifty years. The provisions giving to the small shareholders greater voting power in proportion to their holdings than the large ones and requiring one-fourth of the directors to retire at the end of each year were intended to prevent the bank from passing into the control of a clique. These methods of dis- tributing power in the management of banks Shareholders 1 ' were ver y generally adopted by the state legis- latures in the first half of the nineteenth cen- tury, but their importance was evidently overestimated, since they have been wholly abandoned without any harmful con- sequences. The provision which prohibited the foreign shareholders from voting by proxy was intended to exclude foreign influence from the management. As the owners abroad would not be likely to cross the ocean in order to vote, they would not be able to vote at all. Foreign influ- ence was very much of a bugbear at that time, but it does not appear that the shareholders in Europe ever betrayed any desire to vote or to exercise any influence whatever on the management. The provision that the note issues of the bank should not exceed the amount of the capital stock seems to have been unnecessary, since no report of note issues exceeding $5,157,378, or a little more than one-half of the capital, has reached us. Very few reports of the condition of the bank, FIRST BANK OF THE UNITED STATES 259 however, were published. It is not known whether the Secretary of the Treasury ever exercised his right of inspect- ing, or how often he called for reports of its Other Provisions. ,. . condition. Only two such reports were sub- mitted to Congress by Gallatin, both being in connection with the proposal to renew the charter. The Treasury was not required to keep the public money in the bank, but it kept about two-thirds of it there, and the balance in state banks selected by the President. The parent bank was at Philadelphia. It had branches at Boston, New York, Baltimore, Norfolk, Charleston, Savannah, Washington, and New Orleans. It transferred the public funds from place to place at its own expense and paid the money on the order of the Treasurer of the United States wherever wanted. The prohibition against the purchase of any public debt was adopted because it was believed that the bank would be able, with its large capital, to control the market and put the price of government securities up or down at its own pleasure. The entire capital of the bank was subscribed for within two hours after the books were opened. It was a great financial success from the start. It began operations in December, 1791, and paid a dividend of 4 per cent in July, 1792. In 1809 Mr. Gallatin reported that the government had made a profit of $671,860 on the sale of its shares besides receiving divi- dends at the average rate of 8f per cent per annum. Of the 25,000 shares, 18,000 were held abroad and 7000 in the United States. The outstanding circulation at that time was $4,500,000; specie on hand, $5,000,000 ; deposits, $8,500,000; loans and discounts, $15,000,000, consisting mostly of sixty-day paper. The government, at that time, did not require the pay- ment of customs duties on the delivery of the goods imported, 26O BANKING but accepted the bonds of the importers payable at a future date. The bank collected the payment of the bonds, and it refused to receive the notes of non-specie-pay- in S banks - lt thus established a standard of commercial honor and enforced it upon the banks chartered by state authority. In this way it became a regulator of the currency, but it incurred the enmity of the slovenly and fraudulent bankers of the period and of the second-rate traders and speculators by the rigidity of its rules. In 1809 Secretary Gallatin recommended a renewal of the bank's charter with an increase of its capital to $30,000,000. War with England was impending, and Mr. Gallatin proposed that the bank should be bound in the new charter to lend three-fifths of its capital to the government if required to do so, and that it should pay interest on all government deposits in excess of $3,000,000. A contest of extreme bitterness ensued. The bank had been established in the first instance by the Federalists, who had lost political P W6r durin the P aSt ei ht vears ' but were still strong in wealth and respectability. They had established the bank against Mr. Jefferson's ideas ; and he, although yielding to Mr. Gallatin on practical measures and signing various bills supplementary to the original charter, had remained, both in his administration and in his retirement, a consistent foe to it. President Madison, who, as a member of the House, had opposed the original charter on the ground of unconstitutionality, was now dis- posed to look at the question as res adjudicata. He neither favored nor opposed a new charter. There was, however, a faction opposed to Mr. Gallatin which had its principal seat in Pennsylvania, its leaders being William Duane and Michael Leib. These men wanted to have certain changes made in the Federal offices in Philadelphia, which FIRST BANK OF THE UNITED STATES 26 1 Mr. Gallatin refused on public grounds. The spoilsmen were determined to force Gallatin out of office if they could, and to this end they opposed everything that " ne f avore d- A clique in Maryland headed by the Secretary of State, Robert Smith, and his brother, Senator Smith, was equally bitter against Gallatin and consequently against the bank. Notwithstanding this factional opposition the usefulness of the bank was so manifest that there would have been a strong majority for the new charter, if the question had come to a vote when the subject was first taken up. On the 2d of April, 1810, the House Committee, to whom the peti- tion of the bank for a recharter had been referred, reported favorably. On the 2ist of the same month a motion to post- pone indefinitely was defeated ; yeas 46, nays 67. Then the matter was laid over informally till January 4, 1811. The state banks took advantage of the delay to bring pressure on their local representatives against a recharter. They wanted to secure the government's deposits for themselves and to get rid of the competition of the great bank in other ways. Some persons who had more political New^harter* ** ' i n fl uence tnan credit were incensed because their paper had been refused for discount at the bank. The Republicans seized this opportunity to be revenged on the Federalists. They denounced the bank as an aristocratic, and especially as a foreign, institution. One of the most vehement speakers against the bank, on account of the foreign holdings of its shares, was Henry Clay, who said in a speech in the Senate on February 15, 1811 : Seven-tenths of its capital is in the hands of foreigners, and these foreigners chiefly English subjects. We are possibly on the eve of a rupture with that nation. Should such an event occur, do you apprehend that the English premier would experience any difficulty in obtaining the entire control of this institution? 262 BANKING Mr. Gallatin had exposed this fallacy two years earlier by showing that the foreign shareholders had no vote in the management and that, if the charter were not renewed, the portion of the bank's capital held by foreign- ers ( most ly Englishmen), and amounting to $7,200,000, must be remitted to the owners at once. This demonstration of the impolicy of liberating and sending abroad more than $7,000,000 of specie at a time when we were likely to need every dollar of coin that the country contained had not the smallest effect on the anti- Federalist faction, except to increase their fury. Mr. Desha, a representative of Kentucky (February 12, 1811), con- sidered this foreign capital one of the engines set to work to overturn civil liberty. He had no doubt that George III was a principal stockholder and that the latter would author- ize his agent in this country to bid millions for a renewal of the charter. The new charter was not wanted except by a few speculating merchants who had become involved in debt and had borrowed money from " this foreign bank." The only way to save liberty, in his opinion, was " to assist in strangling this infant Hercules in the cradle." He concluded by suggesting that, unless the British gov- ernment should rescind its clandestine measures affecting our rights, rather than renew the charter of the bank we ought to confiscate the British capital in it and use it in conquering Canada. The government had sold its own property in the bank to foreigners at a large premium. The last sale of 2220 shares had been made in 1802 at 145 to The Government's gj r Francis Baring, who had resold them Shares in the in England at 150. Ihe purchasers bought them as shares in an active concern. Of course, they were charged with knowledge that the charter would expire in 1811 and that it might not be renewed,- FIRST BANK OF THE UNITED STATES 263 but it was not creditable in congressmen to declaim against foreign holdings as a reason for refusing a charter, when the government had pocketed a bonus of nearly $700,000 from these same foreigners in the expectation that it would be renewed. The bank was not without friends among the Republi- cans. The best speech made for the new charter was that of Senator Crawford of Georgia, a masterly effort from nearly all points of view. Senator Lloyd of Debate"** Massachusetts made a strong speech on the same side, supplying some interesting items of banking intelligence. As showing the great convenience to the government of an apparatus by which payments could be made at specie value everywhere, without cost for the trans- mission of funds, he said that Penobscot bank notes would not pass in Boston at all times, that Boston bank notes passed with difficulty in New York and Philadelphia, while those of New York were not readily current in Washington. Mr. Clay held that Congress had no power to grant the original charter or to renew it. On March 2 he presented a report denying a petition of the bank for an extension of its charter sufficiently long to wind up its affairs. The report says that, " holding the opinion (as a majority of the com- mittee do) that the Constitution did not authorize Congress, originally, to grant the charter, it follows as a necessary con- sequence of that opinion, that an extension of it, even under the restrictions contemplated by the stockholders, is equally repugnant to the Constitution." Five years later he was a strong advocate of the charter of the second Bank of the United States, saying that " that which appeared to him in 181 1 under the state of things then existing not to be neces- sary to the general government, seemed now to be necessary under the present state of things. Had he then foreseen what now exists and no objection had lain against the 264 BANKING renewal of the charter other than that derived from the Constitution, he should have voted for the renewal." l The vote was taken in the House January 24, 1811, on a motion to postpone indefinitely, which motion prevailed by a majority of one, 65 to 64. The vote in the Senate on a similar bill (February 20) was a tie, 17 to Charter refused. 17, whereupon George Clinton, the Vice- President, gave the casting vote against the bank. It was accordingly put in liquidation. It paid the shareholders $434 for each share of $400, i.e., a surplus of nearly 9 per cent. Thus the country lost a most valuable financial insti- tution. There was straightway a mushroom growth of new state banks to fill the void, so that one hundred and twenty were chartered and put in operation within three years. The government went to war in 1812, leaning upon the state banks for financial support. Most of them suspended payments in September, 1814, after which the country wallowed in irredeemable paper for several years. If the charter of the great bank had been renewed in 1811, specie payments would probably have been maintained throughout that crisis. Mr. Gallatin, writing many years later, said : It is our deliberate opinion that the suspension might have been prevented at the time when it took place had the former Bank of the United States been still in existence. The exagger- ated increase of state banks, occasioned by the dissolution of that institution, would not have occurred. That bank would as before have restrained within proper bounds and checked Mr. Gallatin's their issues, and through the means of its offices Opinion. (branches) it would have been in possession of the earliest symptoms of the approaching danger. It would have put the Treasury Department on its guard ; both acting in concert would certainly have been able at least to retard the 1 Annals of Congress, 1815-1816, p. 1194. FIRST BANK OF THE UNITED STATES 265 event, and as the treaty of peace was ratified within less than six months after the suspension took place, that catastrophe would have been altogether avoided. By restraining the issues of the state banks within proper bounds Mr. Gallatin meant that the bank would have pre- sented their notes promptly for redemption, thus keeping their issues within the limit of safety. RECAPITULATION The first Bank of the United States was devised by Alex- ander Hamilton. It was one of a series of financial meas- ures through which that statesman sought to bind the people of the newly formed Union together, by giving them certain pecuniary interests in common. The bank's charter was supported by the Federalist party and opposed by the anti- Federalists, or Republicans. It became a law in February, 1791, and the bank was put in operation in the following December. The capital was $10,000,000, of which $2,000,000 was subscribed by the government. The private subscriptions were payable within two years in half-yearly instalments ; that of the government in ten equal annual instalments, with interest at 6 per cent. The charter of the bank was limited to twenty years, and the government agreed to charter no other bank during that period. The bank was a great financial success. It paid dividends during the term of its existence, averaging 8| per cent per annum, and accumulated a surplus equal to about 9 per cent of its capital, which was eventually distributed to its share- holders. The parent bank was in Philadelphia, with seven branches in cities on the Atlantic seaboard and one in New Orleans. It collected the bonds of importers for customs duties and made transfers of money at the order of the Treasury, without expense to the government. It also made 266 BANKING advances of money to the government, when required, at the customary rate of interest. It served the purpose of a regu- lator of the currency by maintaining the highest standard of commercial honor, a standard to which other banks were obliged to conform under penalty of being discredited in the eyes of the business community. When its charter was about to expire the bank applied to Congress for a renewal of the same. The Federalist party was now in the minority, and its opponents made the grant- ing of the proposed new charter a political issue. The state banks joined the opposition because they wished to get rid of the competition of the great bank and its branches. In the last year of its existence the bank was made a football of politics. Its usefulness from a financial point of view received very little attention in the debate on the recharter. The final decision was adverse to it, by a majority of one vote in the House and a tie in the Senate. AUTHORITIES Clarke and Hall's Legislative and Documentary History of the Bank of the United States. Hamilton's Writings, edited by H. C. Lodge. Henry Adams' Life of Albert Gallatin. Gallatin's Writings, edited by Henry Adams. Von Hoist's Constitutional History of the United States. Sumner's History of Banking in the United States. * f ^ CHAPTER VII SECOND BANK OF THE UNITED STATES THE second war with Great Britain began in 1812. Specie payments were suspended in September, 1814, by nearly all the banks south and west of New England. Financial Dis- Their notes fell to a discount ranging from tress in 1814. 10 to 30 per cent. Ihe government had defaulted on the interest of the public debt. Its money was mainly in the suspended banks. The financial condition of the country was desperate. 1 Naturally the statesmen of the day bethought themselves of the Bank of the United States. On the i yth of October the Secretary of the Treasury, Mr. Dallas, recommended that a national bank A National Bank b established with a cap ital of $50,000,000, proposed. of which one-tenth should be specie and the remainder government securities of one kind and another. It was to begin under a suspension of specie payments. As Daniel Webster said in the debate : " It was to commence its existence in dishonor; it was to draw its first breath in disgrace." Webster's speech of January 2, 1815, was fatal to this bill, for it was rejected by a tie vote. A reconsideration was moved and carried, and the bill was amended by striking 1 " The government might possess immense resources in one State and be totally bankrupt in another; it might levy taxes to the amount of the whole circulating medium yet have only its own notes available for payment of debt ; it might borrow hundreds of millions and be none the better for the loan." HENRY ADAMS' History of the United States* VIII, 215. 267 268 BANKING out the clause requiring a specific loan to the government and the one authorizing the suspension of specie payments. In this shape it was passed by both houses ; but it was vetoed by President Madison because it did not furnish sufficient financial aid to the government. The Senate thereupon took up the original Dallas Bill and passed it on February n. But news that a treaty of peace with Great Britain had been signed at Ghent reached Washington on the 1 3th, and on the i;th the House, by a vote of 74 to 73, indefinitely postponed the measure. As the war had come to an end, the Treasury was no longer in the desperate condition of the preceding year ; yet Mr. Madison, in his message of December 5, 1815, sug- gested a national bank as an instrumentality for bringing about a resumption of specie payments. A bill for this purpose was reported to the House by Mr. Calhoun on January 8, 1816. It passed both houses and was signed by President Madison on April 10, 1816. The capital was to be $35,000,000, four-fifths to be subscribed teTofiSie C1 k v private persons and one-fifth by the United States. There were to be twenty-five direc- tors, five of whom should be appointed by the President of the United States, by and with the advice and consent of the Senate, and twenty elected by those stockholders who resided in the United States. Foreign stockholders could not vote either in person or by proxy. Both the notes and the deposits of the bank were to be paid in specie. It was authorized to issue post notes not smaller than $100 each, payable not more than sixty days after date. No circulating notes were to be issued of less amount than $5.00. All notes were to be signed by the President and the principal cashier. The notes should be receivable in all payments to the United States. The bank was to provide facilities for transferring the public funds, without expense to the SECOND BANK OF THE UNITED STATES 269 government, to any places within the United States where payments were to be made. Section 16, regulating the public deposits, provided : That the deposits of the money of the United States in places in which the said bank or branches thereof may be established shall be made in said bank or branches thereof, unless the Secretary of the Treasury shall at any time otherwise order and direct ; in which case the Secretary of the Treasury shall immediately lay before Congress, if in session, and if not, immediately after the commencement of the next session, the reasons of such order or direction. The bank was forbidden " to purchase any public debt whatsoever." In case the bank should fail to pay any note, obligation, or deposit, in specie on demand, it was to forfeit 12 per cent per annum on the amount of the claim. The government's sub- scription of $7,000,000 could be paid either in money or in its own obligations bearing 5 per cent interest. It was, in fact, wholly paid by the latter, i.e., by a stock note, and the note was not fully paid until 1831. The bank was to pay the United States the sum of $1,500,000 as a bonus for the charter, which was to be exclusive and was to continue twenty years. It was forbidden to pay dividends to stock- holders whose shares were not fully paid for. The directors were authorized to establish branch banks wheresoever, in the United States or the territories thereof, they should see fit. Of the foregoing regulations the most important was the one which required the deposits to be paid in specie. Strictly speaking, all obligations payable in dollars were payable in specie. There was no other legal-tender money than gold and silver coin. Yet the conception prevailed universally that while a bank ought to pay its notes in specie on demand, it 2/0 BANKING might properly pay its deposits in the notes of other banks, near or remote, provided the latter paid their notes in specie. Consequently, even when the banks were solvent, there were two kinds of currency in circulation in every city : (i) specie and the notes of the local banks, which were at par ; (2) the notes of banks of other cities and states, which were at a discount greater or less according to the difficulty of securing their redemption. This discount was not observed by the masses of the 'people. To them one dollar was as good as another. Anything that would pass was gladly accepted. But to merchants the discount on out-of-town bank notes was a considerable expense, and they sought to recoup themselves by charging enough for their goods to cover the loss. Daniel Webster was opposed to the pending bill in any shape, but he struck a blow for sound principles of currency by securing the adoption of an amendment providing that the deposits as well as the notes of the Bank of the United States should be paid in specie. It did not abolish everywhere the bad practice of having two kinds of bank notes in circulation at the same time and place, one at par and the other at a discount, but it abolished it in the operations of the great bank, and it established a standard of good banking which was never wholly lost sight of, and which reached its fulfillment in the Suffolk Bank system a few years later. Mr. Webster made another contribution to sound finance during this session of Congress by securing the passage of a bill T u x ies requiring the payment of all government dues in specie, or in Treasury notes, or in notes of the Bank of the United States. Previously, any bank notes that were current at the places where the duties and taxes were collected had been accepted by the Treasury, although no banks except those of New England were at that time paying specie. SECOND BANK OF THE UNITED STATES The power of the bank to issue post notes was curtailed in the charter, both as to the size of the notes and the time they should run. Post notes were bank notes Post Notes. .. payable, not on demand, but at a future time. They were a means of borrowing money from the public for fixed periods with or without interest. They were in common use in the first quarter of the nineteenth century. Some- times the words containing the date of payment were printed in very small type, so that they were not readily seen and were accepted by some persons for demand notes. The recipients were thus defrauded. The restriction of post notes to denominations of $100 or more was made in order to prevent deception, since anybody receiving a note as large as $100 would be pretty sure to examine it carefully and to know whether it was payable on demand or otherwise. The provision requiring that all notes issued by the bank should be signed by the president and the principal cashier was adopted because that was the customary Branch Drafts. . . . way of issuing such notes. There was a simi- lar provision in the charter of the earlier bank. The fact that there are physical limitations on the power of a man to write his name, and that this bank was three and one-half times as large as the former one, did not occur to anybody until after the bank had gone into operation. Then it was discovered that no human being could perform the necessary labor. The bank officers asked Congress to amend the law so as to allow other persons to sign notes. There was no reason why the request should not have been granted, but Congress took no action. Consequently the bank adopted the practice of issuing drafts of $5.00 and $10 at the several branches, drawn on the parent bank. These drafts passed into circulation, to the amount of several millions. When the subject of a recharter of the bank came before Congress the issuing of these drafts was assailed as a violation of law, 2/2 BANKING but an opinion had been obtained from Horace Binney, Daniel Webster, and William Wirt, before any such drafts were issued, that they would be legal. The provision in reference to the deposit of the public funds in the bank became very important in the subsequent bank war in President Jackson's administration, and will be considered in connection with that event. The clause imposing a penalty of 12 per cent per annu* on any failure to pay specie on demand for any obligation of the bank was intended to make the suspen- Suspension s * on * s P ec i e payments unprofitable. There were in existence at that time many banks which were doing a flourishing business and actually paying dividends to their stockholders, but were not redeeming their own notes, or paying their deposits, except in the depreciated notes of other banks. If they had been under a penalty of 12 per cent per annum on all their defaulted paper, they would have made haste to resume specie payments. It would not be good policy now to grant exclusive privi- leges to a private bank, but if for any reason it were granted, it would be proper to exact a bonus from the Charter ' beneficiaries. The exclusive privilege granted to the Bank of the United States consisted of the deposits of the government without interest, of the right to establish branches without consulting the state govern- ments, and of the credit which those extensive privileges gave it in the eyes of the people and of foreign nations. The bank established twenty-five branches under the authority granted to it. These were extremely useful to the country in the way of distributing the capital Branch Banks. of the bank to the places where it was most needed. Thus, if there was a stronger demand for money at New Orleans than at Philadelphia, knowledge of that fact would be quickly conveyed by the branch at the former SECOND BANK OF THE UNITED STATES 2/3 place to the parent bank, and funds could be quickly trans- ferred, either from the parent bank or from any branch where the demand was less pressing. One advantage of branch banking consists in the facility which it affords for gaining knowledge of the relative needs of business in different places and of responding promptly to those needs through agents already on the ground possessing the necessary local knowledge. The benefit is shared equally by the borrower and the lender. Branch banking tends to equalize the rates of interest among different localities in the same country. The charter of the bank was made the basis of a shame- ful speculation, which brought it to the verge of ruin within two years. The law provided that the stock Beginnings subscriptions of individuals should be paid in three instalments : 30 per cent at the time of subscribing, 35 per cent in six months, and 35 per cent in twelve months. One-fourth of the private subscriptions ($7,000,000) were to be paid in specie and three-fourths in specie or in the funded debt of the United States. When the second instalment became due only $324,000 was paid in specie where $2,800,000 was due ; and for the third, only a trifling amount of specie or of anything else. The bank had discounted the notes of the stockholders on the pledge of their stock to the amount of more than $8,000,000. It also allowed the stock to be sold and transferred by the subscribers before it was paid for. This caused a great deal of trading in shares and a rapid advance in the price. When they rose above par the bank loaned more than par on them. In August, 1817, it authorized loans as high as $125 on $100 to shareholders who would furnish other security for the extra $25. This was easily furnished, as the shareholders indorsed for each other. The provision of the charter prohibiting dividends on shares that had not been paid in full had been systematically 2/4 BANKING violated. The Baltimore branch had been defrauded, by its president and cashier, of $1,600,000. The bank at this time was really insolvent and it was held up only by the government's deposits, which amounted to $8,000,000. It was saved from impending bankruptcy by Mr. Langdon Cheves of South Carolina, who became its president in March, 1819. One of his measures of relief was the bor- rowing of $2,500,000 in Europe. Another was the require- ment that the loans made on the security of the bank's shares should be paid at the rate of 5 per cent every sixty days. " Even this small reduction," said Mr. Cheves in his first official report, " was the subject of loud, angry, and con- stant remonstrance among the borrowers, who claimed the privileges and favors which they contended were due to stockholders." The bank was put in a solvent condition by Mr. Cheves, and in the course of the next ten years became established in the confidence of the business community anc * i nterwoven i n the policy of the nation as fully as the leading banks of the old world are now in their respective countries. It had five hun- dred employees of high standing and social position. Nicho- las Biddle of Philadelphia became its president in 1823. Notwithstanding the cerulean aspect of the sky overhead, there was a cloud gathering on the western horizon which is depicted by the latest historian of the bank in the following terms : Democracy, devoted to the principle of equality, is opposed" to all forms of privilege, and to none more than to a monetary monop- oly. When it is recollected that the Bank of the United States was at that time the one great monopoly in the country, and that against it were directed all the passionate opposition and fear which to-day fall upon banks, railroad companies, and trusts, its danger from the rising power of that fierce Democracy which, with SECOND BANK OF THE UNITED STATES 2/5 Andrew Jackson, swept over the country, may be faintly measured. The Democracy was positive that the bank was a menace to the political and social interests of the United States ; that it made the rich richer and the poor poorer ; that it depressed the weak and made the potent more powerful ; that it accentuated the differ- ences of society, creating on the one hand a powerful aristocracy and on the other hand an impotent and beggarly proletariat. These opinions were especially prevalent in the West, where Democracy was most powerful. 1 Before he came to Washington as President, Jackson entertained the opinion that Congress had not the consti- tutional power to charter a bank outside of the District of Columbia. He had also expressed a dislike to all banks. 2 RECAPITULATION The second Bank of the United States was established in 1816, at the instance of President Madison, to put an end to the disorders in the currency consequent upon the War of 1812. The capital was $35,000,000, of which $7,000,000 was subscribed by the government. During its early years the bank was shamefully mismanaged and narrowly escaped destruction, but it was restored to a sound position in the year 1819, after which it became extremely prosperous. The charter was for the most part a copy of that of the first bank. The money owned or collected by the government at places where the bank or its branches existed was to be deposited in the bank or branches, but the Secretary of the Treasury might remove the same for reasons which he should communicate to Congress. 1 Catterall's The Second Bank of the United States, p. 167. 2 Catterall, pp. 183-184. CHAPTER VIII THE BANK WAR THE charter of the great bank, granted in 1816, was to expire in 1836. When General Jackson came to Washington City as President in 1829, the subject of a renewal of the charter had not been discussed either in Congress or in the press. Probably nobody had given it serious thought. There had, however, been some conflicts be- lReter n "' tween the bank and the state legislatures of Ohio, Kentucky, and Georgia, prompted by the jealousies of the local banks. The latter had accused the great bank of " accumulating their notes " and then present- ing them for redemption in coin, thus making money scarce and disabling them from lending freely to their own cus- tomers. But this accumulating of the notes of the local banks resulted from receiving them as deposits. Not to have received them would have discredited, and perhaps ruined, the banks issuing them. To have received them as deposits and not to have presented them for payment would have been to transfer the capital of the great bank to the local banks without interest. From this dispute had arisen hostile legislation and prolonged litigation; but the con- flicts had ceased, and the bank was at the height of its popularity and strength at the beginning of Jackson's admin- istration. The first visible sign of the coming trouble was contained in a letter written by Levi Woodbury, senator from New Hampshire, to Samuel Ingham, Secretary of the Treasury, 276 THE BANK WAR making complaints against Jeremiah Mason, one of the great jurists of New England, who was the president of the branch bank at Portsmouth. Woodbury and Mason were political rivals. The former accused the latter of bad manners, of partiality in the making of loans, and of using his financial influence for political ends. Mr. Ingham referred the letter to Nicholas Biddle, president of the bank, and added some comments of his own, implying that he thought there might be some truth in Woodbury's complaints. Three weeks later Mr. Isaac Hill of New Hampshire, second comptroller of the United States Treasury, wrote a letter asking for a change in the board of directors of the Portsmouth branch of the bank and for the removal of Mr. Mason as president. The letter was addressed to two of Hill's friends in Philadelphia, who were requested to present to the parent bank two petitions to that end, signed by citi- zens of New Hampshire, which were inclosed in his letter. Hill had been the editor of a rancorous Demo- Isaac Hill. cratic newspaper and latterly president of a small bank in Concord, for which he wished to secure the pension deposits, which were placed by law in the Ports- mouth branch of the great bank. A few months later Amos Kendall, fourth auditor of the Treasury, wrote a letter to Ingham, making accusations, which were afterwards shown to be false, against the Louis- ville branch of the bank, charging that it had Amos Kendall. interfered in an election there in 1825. These letters proved that there were politicians in Washington, near to the President, who had private and sinister ends to gain by attacking the bank. They accomplished their object, by persuading him that the bank was taking part in politics secretly and against himself. The charge was false : the bank never meddled with politics until compelled to do so 278 BANKING in self-defense. It is possible, however, that its enemies believed that it was doing so. 1 Biddle was led to believe, by conversations with Major Lewis, a close friend of Jackson, and also with Jackson him- self, that the latter would favor, or at all events not oppose, a renewal of the bank's charter. Yet an undated paper in Jackson's handwriting, addressed to Biddle, was subse- quently found among his manuscripts, saying that he (Jackson) had read the opinion of Chief Justice Marshall affirming the constitutionality of the bank, and that he could not concur with it. Biddle was greatly surprised to read in Jackson's first annual message to Congress, Decem- ber 8, 1829, the following paragraph : The charter of the Bank of the United States expires in 1836, and its stockholders will most probably apply for a renewal of their privileges. In order to avoid the evils result- Jf c ( ing from precipitancy in a measure involving such important principles, and such deep pecuniary interests, I feel that I cannot, in justice to the parties interested, too soon present it to the deliberate consideration of the Legisla- ture and the people. Both the constitutionality and the expediency of the law creating this bank are well questioned by a large portion of our fellow-citizens; and it must be admitted by all, that it has failed in the great end of establishing a uniform and sQund currency. The statement that the bank had failed in the great end of establishing a uniform and sound currency puzzled 1 " When, in any arena, a power is present which might be of decisive importance as an ally of one party or the other, it is inevitable that its alliance will be contended for by them. Its efforts to remain neutral will be vain and will expose it to greater danger from both than an alliance with either. Either party which thinks that it has lost the chance of winning the alliance will turn against the intervening party with fierce animosity and will try to destroy it or drive it from the arena. This is what happened in the case of the United States Bank." SUMNER'S Banking, p. 192. THE BANK WAR 279 everybody, since that was the very thing that the bank had accomplished with conspicuous success. It remains doubt- ful to this day what Jackson meant by it. Albert Gallatin tried to find out from Jackson himself in what particular the bank had so failed, but could glean only mild surprise that such a ques- tion should be asked. Gallatin inferred that Jackson meant that the bank had not entirely abolished the rate of exchange between different commercial centers. 1 The bank had been established expressly to restore specie payments. This end had been accomplished mainly through its efforts and example. In order to facilitate resumption it had assumed at par $10,809,000 of government deposits then in suspended banks, at a cost to itself of some $200,- ooo. 2 The whole banking system of the country had been wonderfully toned up since it came into the field. The rate of exchange between the most widely separated commercial centers ranged between par and one-half of i per cent, a condition which, according to a report of the Senate Com- mittee on Finance, existed in no other country. 8 On December 10 the part of the President's message relating to the Bank of the United States was referred by the House to the Committee of Ways and Means. Its chairman (McDuffie of South Carolina) made a report on April 13, 1830, controverting, in respectful and temperate 1 The average rate was probably from par to 1 1 per cent, the aver- age for 1829 being less than | of i per cent. CATTERALL, p. 141. 2 Clarke and Hall, p. 777. 3 " Before this bank went into operation exchange was from eight to ten per cent either for or against Charleston, which was a loss, to the planter, of that amount on all the produce of Georgia Benefits of the jo^u/-^ i- i j j -u^ B . and bouth Carolina and indeed, you might say, all the produce of the Southern and Western states. "- Letter of a Charleston merchant to the chairman of the Committee of Ways and Means (Clarke and Hall, p. 760). 280 BANKING terms, the President's position at all points. The report was strong in its opposition to the statement that the bank had failed in the great end of establishing a uniform and sound currency. It was easy to prove by the market quo- tations how far superior the currency was then to that of any previous time, and especially to that by c*ngress ned of the P eriod immediately before the establish- ment of the bank, when the paper currency of the middle states ranged from 7 to 25 per cent below par. The report went beyond a mere statement of the fact that the currency had been put on a uniform and sound basis. It argued strongly that this improvement had been brought about by the Bank of the United States and would not have taken place otherwise. It said : The Committee are aware that the opinion is entertained by some that the local banks would, at some time or other, either vol- untarily or by the coercion of the state legislatures, have resumed specie payments. In the very nature of things this would seem an impossibility. It must be remembered that no banks ever made such large dividends as were realized by the local institu- tions during the suspension of specie payments. A rich and abundant harvest of profit was opened to them, which the resump- tion of specie payments must inevitably blast. While permitted to give their own notes bearing no interest, and not redeemable in specie, in exchange for better notes bearing interest, it is obvious that the more paper they issued the higher would be their profits. The most powerful motive that can operate upon moneyed corporations would have existed to prevent the state banks from putting an end to the very state of things from which their excessive profits proceeded. Their very nature must have been changed, therefore, before they could have been induced to cooperate voluntarily in the restora- tion of the currency. It is quite as improbable that the state legislatures would have compelled the banks to do their duty. . . . The banks were, directly and indirectly, the creditors of the THE BANK WAR 28 1 whole community, and the resumption of specie payments neces- sarily involved a general curtailment of discounts and withdrawal of credit which would produce a general and distressing pressure upon the entire class of debtors. These constituted the largest portion of the population of all the states where specie payments were sus- pended and bank issues excessive. Those, therefore, who controlled public opinion in the states where the depreciation of the local paper was greatest were interested in the perpetuation of the evil. The report of the Committee was sustained by a decisive majority of the House, and a similar one from the Senate Committee on Finance was sustained by that body. There was some correspondence between Biddle and Ingham in reference to the charges made by Woodbury and Hill against Jeremiah Mason. Biddle easily proved that the charges were without foundation. It would have been wel1 for him if he had rested there ' but he thought that he had detected in Ing- ham's letters the assertion of a right on the part of the administration to control or influence the bank's selection of its officers, and he wished to let Ingham know that this was a mistake. He therefore added that the bank was under no responsibility to the Secretary of the Treasury respecting the political opinions of its officers. Ingham retorted that the Secretary had power to remove the govern- ment's deposits from the bank, and that he might exercise that power, if he were convinced that the bank was exer- cising political influence. In his literary and forensic zeal Biddle had overlooked the power of coercion that lay in the hands of the Secretary. He was worsted in this encounter, but his error of tactics was not necessarily fatal. In his message of 1830 the President again alluded to the bank, and suggested that a bank might be established as a branch of the Treasury Department, in order to avoid con- stitutional objections. Such a bank, he said, having no 282 BANKING means to operate on the hopes, fears, or interests of large masses of the community, would be shorn of the influence which made the existing bank formidable. A Jackson's Mes- mot j on was ma ^ e i n the House to refer this sage of 1830. part of the message to a special committee, on the ground that the Committee of Ways and Means had already given its opinion in favor of the present bank. This motion was voted down, by 108 to 76. In 1831 the message took a milder tone, saying that the President had felt it his duty frankly to disclose his opinions on the subject in former messages. Milder Tone of . . ,. , , the President Having thus conscientiously discharged a con- stitutional duty [he continued], I deem it proper on this occasion, without a more particular reference to the views on the subject then expressed, to leave it for the present to the investigation of an enlightened people and their representatives. The bank's charter ran till 1836. There is good reason to believe that if Biddle had postponed, until after the presi- dential election of 1832, his attempt to procure its renewal, he might have obtained it without any serious opposition and with the concurrence of the President. All the members of the cabinet, except Taney, were favorable to the bank, and two of them (McLane and Livingston, of the Treasury and State Departments) actively so. Both of these urgently counseled him not to stir up the fighting element in Jack- son, and not to incur the risk of embroiling the bank in the political campaign. In a letter to James Hamilton (Decem- ber 12, 1831), Jackson said : " Mr. McLane and myself under- stand each other, and have not the slightest disagreement about the principles which will be a sine qua non in my assent to a bill rechartering the bank." 1 Biddle was a headstrong character and was the autocrat of the bank. He had always maintained heretofore that the 1 Catterall, p. 213. THE BANK WAR 283 bank should not meddle with politics. He had once affirmed in writing that if the bill for a new charter were brought forward prematurely, it would be " blended up with the elec- tion and become one of those political matters judged ex- clusively by party considerations." He was warned by McLane that if the bill were forced upon Jackson before the election he would regard it as a challenge and would veto it. Why, then, did Biddle, with this enormous responsi- bility resting upon him, take the risk of giving the challenge ? In the first place the party opposed to Jackson (the National Republicans) made the bank question an issue in their platform, adopted at the Baltimore Con- vention in December, 1831. They declared that the bank was a great, beneficent, and necessary institution, and that the President was "fully and three times over pledged~to the people to negative any bill that might be passed for rechartering the bank." This con- vention nominated Henry Clay for President in opposition to Jackson. Mr. Clay, however, was not primarily an agent in dragging the bank into politics. Mr. Catterall shows that he deprecated the policy of making applica- ^ on ^ or a new cnarter before the Presidential election. He held to that opinion till the eve of the Baltimore convention, but he sided with his party, whose candidate he was, when its platform was promulgated. The bank had been, until this time, a non-resistant, and that was one reason why Jackson's animosity had cooled. It was still reluctant to enter the political arena. Biddle hesitated, but was finally persuaded by the argument that the bank must put itself in the hands of its friends rather than of its enemies. Accordingly, he wrote a memorial ask- ing for a renewal of the charter, which was presented to the Senate on the gth of January, 1832. The old charter still had four years to run. The motion for a renewal of it at this 284 BANKING time was premature, unless the friends of the bank wanted to make it a political issue against Jackson in the presidential campaign. 1 Before any vote was taken in Congress, however, an inci- dent occurred which led Jackson to think that the bank was financially unsound. On the 24th of March, l8 3 2 > Mr ' Asbury Dickins, Acting Secretary of the Treasury, notified Mr. Biddle confiden- tially that the government desired to apply a portion of its money deposited in the bank to the payment of the out- standing 3 per cents, a remnant of the revolutionary debt. The public deposits now amounted to $12,000,000, and the debt to be paid off .was $9,000,000. Secretary McLane gave Mr. Biddle formal notice of this purpose on the 25th of July, and Biddle replied that the bank would take the necessary steps to get possession of the bulk of the 3 per cents and would act in accordance with the wishes of the government. In the meantime General Cadwalader, a director of the bank, had been sent to London to make a private arrangement with the Barings for postponing the payment of $5,000,000 of the debt. A contract was made with that house to extend as many of the 3 per cents as possible and to buy up the rest. This was a violation of the bank's charter, which prohibited it from purchasing any public stocks. It was equally a violation of the under- standing with the Treasury; since, under the Baring con- tract, the 3 per cents would be kept alive, the bank paying the interest and being responsible eventually for the 1 " The position then was that Jackson had made the challenge, had receded from it, and his opponents had taken it up and turned it as a challenge against him. What would he do ? It seems that no one who knew the facts in his career could doubt what he would do. He would return to the issue and would fight it out regardless of all considerations whatever, to a definite and conclusive victory or defeat. That is what he did do." SUMNER'S Banking, p. 200. THE BANK WAR 285 principal. Money was worth 7 per cent to the bank; and by this scheme it would obtain the use of the government's money at 3 per cent. It was Biddle's intention to keep the matter secret, but the Baring circular was published in the newspapers in October. Biddle immediately disavowed Cadwalader's con- tract with the Barings, in so far as related to the buying of the debt, and proposed a different arrange- ment Secretai T McLane called on Biddle for explanations, and the latter replied that he had taken this step for the public good. A visitation of cholera was expected, which threatened, he said, " if it con- tinued, to press with peculiar force on the public revenue, more especially as the demand on account of the foreign holders of 3 per cents on the first of October, at New York and Philadelphia alone, would have exceeded five millions of dollars." So the bank had interposed itself as a provi- dence between the people and the government because the cholera was expected, and had done so in a clandes- tine manner. Jackson was fully justified in considering this a subterfuge, and was freshly exasperated by it; but it did not follow, as he supposed, that the bank was insolvent. The affair of the 3 per cents was going on while Con- gress was acting on the new charter. On the gth of June the bill passed its third reading in the Senate, by 25 to 20. Now the friends of the bank, who were also friends of the President, made one more effort to prevent a conflict. They entreated Mr. Biddle to pause and let the bill rest until after the election. If he had had his choice, he might have taken this advice ; but he was " threatened with opposition from the party, then his chief reliance, unless he went on." 1 They said that Jackson would not dare to veto the bill, and 1 Ingersoll, II, 269. 286 BANKING that if he did, he would be hurled from power by an indig- nant people. So they passed the bill in both houses and sent it to the President on the 6th of July. Then one more challenge was given to him. The House passed" 11 on t ^ ie 2 ^ t ^ 1 ^ J une ^ a< ^ vote< ^ to adjourn on the gth of July, and the resolution was not acted on by the Senate until the gth. Then Mr. Webster said that there was an important measure under considera- tion by the Executive, which he was not compelled to return in less than ten days. The House resolution was then amended, by inserting the i6th. This was equivalent to saying to the President : " You must sign the bill or veto it. You shall not kill it silently." The next day, July 10, the veto came. It was perfectly adapted to its purpose of winning votes. It dealt with the bank as a monopoly, ringing all possible vetoed " changes on that term, and in the most skillful manner. It is supposed that Amos Kendall wrote it ; for, although Jackson was no demagogue, this was a most demagogical appeal. The friends of the bank were in high glee when they saw it. Biddle wrote to Clay: I have always deplored making the bank a party question, but since the President will have it so, he must pay the penalty of his own rashness. As to the veto message, I am delighted with it. It has all the fury of a chained panther biting the bars of his cage. It is really a manifesto of anarchy, such as Marat or Robespierre might have issued to the mob of the Faubourg St. Antoine ; and my hope is that it will contribute to relieve the country from the dominion of these miserable people. You are destined to be the instrument of that deliverance, and at no period of your life has the country ever had a deeper stake in you. I wish you success most cordially, because I believe the institutions of the Union are involved in it. 1 ^Parton's Life of Jackson, III, 411. THE BANK WAR 287 This was not the first time that Biddle's literary talents had betrayed him. Four months later he and Mr. Clay and the bank went down with a grand crash, for Jackson was reflected by 219 electoral votes, to 67 for all" others. Mr. Clay received 49. Nobody at the present day considers Biddle a good banker. Few persons regret the Bank of the United States ; but if its taking off was a national misfortune, Mr. Clay and his party were as much to blame as General Jackson and his party. They made the bank a political issue at a time when defeat to them meant destruction to it. The attempt to pass the bill over the veto failed in the Senate, 22 to 19. The bank war continued through the whole of Jackson's second administration, embracing several exciting episodes, but they belong rather to the political than the financial his- tory of the time. Early in 1833 the President decided that the government's deposits ought to be removed from the bank. He suggested this project to Secretary McLane, who demurred. The mat- ter was brought up in the Cabinet, and two-thirds of the members sided with McLane. A vacancy happening in the State Department, McLane was transferred to it, and William J. Duane was appointed Secretary of the Treasury. Duane had been opposed to the original charter of the bank and to the recharter, but he looked upon the public deposits as a part of a contract between the government and the bank. He declined to transfer them, when requested by the President to do so. Consequently he was removed from office, and Roger B. Taney, the Attorney-General, was placed at the head of the Treasury Department. Taney began, in the autumn of 1833, to draw out the money for ordinary disbursements, depositing the ordinary receipts in certain state banks which had been selected for the purpose. 288 BANKING When all hope of a renewal of the national charter had disappeared, Mr. Biddle sought and obtained a charter from the state of Pennsylvania. An enormous bonus was paid to the state, $2,500,000 in cash and a promise of $100,000 per year for twenty years, besid'es various subscriptions to the stock of railroads, canals, and turnpikes in the state. Senator Benton said that every circumstance of its enact- ment betokened bribery of the members who passed it and an attempt to bribe the people by distributing the bonus among them. The government was still a shareholder in the bank to the par value of $7,000,000, and The - P ^ ns Z 1 " there was some trouble in withdrawing this vama Charter. money, but it was paid in four annual instal- ments at the rate of 1 15.58. New stock was sold in place of it, so that the capital remained at $35,000,000, which was a far greater sum than could be used in ordinary banking opera- tions in its restricted territory. Jackson's plans were now fully carried out, except that the bank was not killed. The government had recovered every dollar of its own money, and the bank was on the way to kill itself more miserably than even its enemies could have wished. When the bank found itself, with its enormous capital, restricted to Philadelphia and the neighboring country, it gradually changed its character. Hitherto it Wild pecu- na( j con fl ne( j itself to its proper business, dis- lation. counting commercial paper, buying bills of exchange, and dealing in coin and bullion. Now it advanced money largely on stocks. Before March, 1836, it had $20,000,000 thus invested. The country was in the fever of speculation which culminated in the panic of 1837, and the bank was the leading speculator. It suspended in 1837, in common with nearly all the other banks ; again in 1838 ; and a third and last time in 1841. Its liquidation was pro- tracted through fifteen years. It paid its creditors in full, THE BANK WAR 289 principal and interest, but the shareholders lost every penny. Biddle lost all of his own money. His town house and his country house were sold by the sheriff. Old Sthlalik 86 friends cut him on the street He was even indicted by the grand jury for conspiracy to defraud the shareholders of the bank, but the indictment was quashed. He died in 1844, poor and broken-hearted. RECAPITULATION The second Bank of the United States became involved in political strife through no fault of its own. In the year 1829 certain politicians, who were on terms of intimacy with President Jackson, desired to have the president and directors of the branch bank at Portsmouth, N. H., removed for their own private ends. Mr. Biddle, the president of the parent bank, refused to comply with their wishes. They persuaded the President that the bank was secretly taking part in politics adversely to himself. Although the charter had seven years still to run, President Jackson, in his first message to Congress (December, 1829), made a hostile ref- erence to the bank, suggesting doubts as to its constitution- ality and affirming that it had failed of the main purpose for which it was established. Both houses of Congress took action upon the message, in a sense favorable to the bank. In 1830 the President again referred to the bank in his annual message, but 'his tone was less hostile than before. In 1831 he approached the subject again, but in a still milder way, saying that he should now leave the question to the enlightened judgment of Congress and the people. The party opposed to Jackson mistook his change of tone for a symptom of fear, and decided to make the recharter of the bank the main political issue of the presidential cam- paign of 1832. They framed their platform accordingly 2QO BANKING and nominated Henry Clay for the presidency. Jackson accepted the challenge and resumed his fight against the bank. While the political contest was going on, Congress passed a bill for a new charter, the President vetoed it, and the attempt to pass it over the veto failed. President Jack- son-was reflected by a large majority in 1832. In the fol- lowing year he caused the government's deposits, ia~th'e bank to be removed from it. Before the charter expired the president of the bank obtained a charter from the legis- lature of Pennsylvania and reorganized the bank under it with the same capital ($35,000,000). This was too large a sum to be profitably employed in the discount of commercial paper in Philadelphia. The bank then entered into various speculations by advancing money on the shares of joint stock companies in all parts of the Union. It failed dis- astrously in 1841, and the shareholders lost their entire capital. The government had ceased to be a stockholder in 1836, its shares having been paid off at a premium of 15^ per cent. Both the first and the second banks of the United States became involved in political strife without any intention of their own, and in spite of their earnest efforts to avoid such entanglements. It therefore seems probable that any other bank of the same kind would be exposed to the same danger and would succumb to the conflicts incident thereto. AUTHORITIES FOR CHAPTERS VII AND VIII Parton's Life of Andrew Jackson. Sumner's Life of Andrew Jackson. Schurz's Life of Henry Clay. Bolles' Financial History of the United States. Bourne's History of the Surplus Revenue of 1837. Duane's Narrative and Correspondence. Catterall's The Second Bank of the United States. CHAPTER IX THE SUFFOLK BANK SYSTEM THE growth and development of banking in Massachusetts not only form an interesting chapter in our economic his- tory, but give us suggestions of the highest importance in the consideration of current banking problems. During the first half of the nineteenth century there was a struggle in Massachusetts, as in nearly all the states, to compel the subscribing shareholders of banks to pay for their shares. Banking was the favorite form Stock Notes. of speculation. A bank lends its notes to borrowers and receives interest on them, but the notes are themselves debts of the bank. Thus banking presented itself to the public mind seductively as a method of living on the interest of the debts you owe. Bank charters were eagerly sought. The speculators in shares were not slow to perceive that, if they could put their own stock notes into the bank instead of cash, they might get something for noth- ing. 1 If the bank survived, the dividends would probably exceed the interest on the stock notes, the difference being a clear gain to the shareholders, without any investment of their own money. The policy of Massachusetts in this regard was generally sound, but it was variable, showing that some people could get inserted in bank charters privileges which others could not get. In 1795 the charter of the Nantucket Bank contained a provision that no stockholder 1 Professor Sumner found two state bank charters, both in Louisiana, which expressly authorized the payment of the capital in stock notes, one dated 1811 and the other 1818. History of Banking, p. 61. 291 292 BANKING should be allowed to borrow at the bank, as or after any instalment should become due, until he should have paid his full proportion of such instalment. This did not, how- ever, prevent borrowing the money after it had been paid in. In the following year the Merrimac Bank of Newburyport was chartered with a capital stock of not lees than $70,000, nor more than $150,000. Here we find an attempt to evade the principle affirmed in the charter of the Nan tucket Bank. No loans were to be made to shareholders until they had .paid their proportion of $70,000. If they should choose to have a capital of $150,000, they might borrow from the bank itself all except the first $70,000. There was much contrariety of legislation until 1804, when several charters contained an express provision that no money should be loaned to anybody until satisfactory evi- dence was presented to the governor and council " that the whole capital stock aforesaid is actually paid in and existing in gold, silver, or other coined metals, in their vaults." Even this provision was not sufficient ; for it was struggle to proved in more than one case that banks bor- compel Payment . . of capital stock, rowed the entire amount of their capital in gold and silver coin from other banks and, having exhibited it to the public officers, returned it to the rightful owners the same day. Accordingly, in 181 1, a clause was inserted in bank charters requiring the directors to take an oath that the money paid in was intended to remain there as the capital of the bank. This proviso was considerably amplified and strengthened in 1813. Three commissioners were to be appointed by the governor to count the gold and silver and take the oath of the directors that it had been paid in, bona fide, by the stockholders as the bank's capital and for no other purpose, and that it was intended to remain there. In 1822 it was enacted that no dividends should be declared until the whole capital was paid in. THE SUFFOLK BANK SYSTEM 293 The currency was now very chaotic. Country bank notes were at a discount of i to 5 per cent in Boston, according to the difficulty of sending them home for redemption. It was an advantage to a bank to place itself at a long distance from the centers of business and on the worst possible road, to avoid redemption. 1 Sharpers and speculators seized the opportunity to make gains. They bought or established banks for the purpose of putting notes in circulation at long distances from their place of issue, in order to postpone the redemption of them. They swapped notes with each other for this purpose. The Boston Exchange Office was incorporated in 1804 to facilitate the busi- ness of swapping bank notes. One Andrew. Dexter bought up the stock of the Exchange Office and used it as a machine for swapping the notes of different banks owned or controlled by him, till he brought ruin upon the banks, the community, and himself. His failure was one of the most direful events in the economic history of New England. The New England Bank, which was incorporated in 1813, gave the first impulse to what was afterwards known as the Suffolk Bank system, by publishing an adver- tisement that it would receive country bank notes and send them home for redemption, charging only the actual cost. The average cost on those of Massachusetts was one-half of i per cent. This became the rate of discount on such notes in Boston. On those of other New England banks it ranged from i to 5 per cent. The country banks discounted commercial paper in Boston, as well as at home, paying out their own circulating notes therefor. As these notes were below par in Boston, but 1 " What New England did in the first decade of the century is what the middle states did in the second and the Southwest in the fourth and the Ohio states in the sixth." SUMMER'S History of Banking, p. 37. 294 BANKING were generally accepted by merchants, Gresham's Law came in play ; that is, the worse money drove out the better. The notes of the Boston banks were immediately returned to them by depositors, because they were received at par, but those of the country banks were paid out by manufacturers and traders for wages and as change, and thus kept in circulation. In the year 1818, when the Suffolk Bank was chartered, the Boston banks, seven in number, having more than half of the banking capital of New England, had only one twenty- fifth part of the circulation. The New England Bank had reduced the cost of redeeming country bank notes to a minimum before the Suffolk entered the field, The Suffolk Bank. , but the cost was borne by the note holders. The Suffolk managers conceived the idea of putting the cost of redeeming them on the issuers, and of abolishing the dis- count entirely. Its object was to make a profit for itself, but it accomplished much more, as the sequel will show. The plan proposed by the Suffolk was that it would redeem any New England country bank notes at par if the issuing banks would keep a permanent deposit of $5000 in the Suffolk Bank (the interest on which should compensate it for doing the business), plus a further deposit sufficient to redeem such of their notes as should reach Boston in the course of trade. To the country bankers of that day nothing more exas- perating than this plan could have been imagined,, They declined it because it seemed likely to curtail country Banks their circulation and the profits derived there- *f B e ^ n r . edeem from. Then the Suffolk began to collect their notes systematically and send them home for redemption in specie. The country banks were furious. They said that the Suffolk was demanding of them an impossibility, that of redeeming their notes in two places at once. The Suffolk had demanded no such thing. It THE SUFFOLK BANK SYSTEM 295 had merely offered them the alternative of redeeming their notes in Boston. or at their own counters. The fight was bitter. The Suffolk maintained it at first single-handed. In 1824 the other Boston banks became convinced that it was time to put an end to the uncurrent money that was displacing their own notes in the field of circulation. They joined the Suffolk and contributed a large fund to enable the latter to extend its operations to all parts of New England. The run on the resisting banks was continued until they began to come in and make the deposits required. The terms offered were that each country bank should make a permanent deposit with the Pr^cfss^ 118 Suffolk of $2000 or upwards, according to the amount of its capital, and such additional sum as might be necessary to redeem all of its notes that should come to Boston. From banks which complied with these conditions the Suffolk offered to receive at par the notes of any New England bank in good standing. In other words, the Suffolk would not require the country bank to remit drafts on Boston payable in specie to make its balance good, but would accept as specie the New England notes which the country bank was habitually receiving in the course of its business. Thus the Suffolk became a clearing house for the notes of New England banks in Boston, balancing them against each other every day. When the notes were sorted and redeemed they were placed in packages and held subject to the order of the issuing bank. In 1845 the state of Massachusetts passed a law provid- ing that no bank should pay over its counter any notes but its own, and this law remained in force until the national banking system superseded the Suffolk system. As no bank could pay out the notes of any other bank, it was compelled to send those which it took on deposit to the Suffolk at once for redemption. This law enforced the principle that 296 BANKING everything paid over a bank's counter must be the equiva- lent of specie. The whole Suffolk system was based on this principle, and the battle which it started was fought in order to enforce it. A slovenly idea had pervaded the a " s Q _ e whole country that specie redemption, although good in theory, was bad in practice. This conception was only slowly uprooted, first in New England, afterwards in New York, and later in Louisiana and in some other spots, but it held the ground over the larger part of the country until the Civil War. Mr. D. R. Whitney, in his history of the Suffolk Bank, says : It was the underlying principle of the Suffolk Bank system, that any bank issuing circulation should keep itself at all times in a condition to be able to redeem it ; that it should measure the amount by its ability so to do; and that the exercise at any time of the right to demand specie of a bank for its bills was something of which the issuing bank had no right to complain. Nevertheless, there were some complaining banks all the time, though after the system had been fairly established these were only a small minority. The panic "^Success* 7 ^ J ^37 caused a general suspension of specie payments. When the time came for a general resumption, the question of renewing the Suffolk system was open to debate. The banks of Massachusetts, New Hampshire, Vermont, and Connecticut voted at once to sustain it, whilst those of Maine and Rhode Island came in soon afterwards. The Suffolk Bank system gave wide credit to the New England banks, and in consequence their notes gained an extensive circulation in remote parts of the country and in Canada. In 1857 five hundred banks were embraced in the system. Under such circumstances the Suffolk took upon itself the office of a comptroller of the currency. It did not admit a new bank to the fellowship of the system merely THE SUFFOLK BANK SYSTEM 297 because it had procured a charter, perhaps by favoritism, perhaps by bribery. It first satisfied itself that the share- holders were men of good character and that the institution had been started in good faith. Of course, the Suffolk could not prevent the newcomer from issuing notes, but it could withhold its passport and thus prevent it from getting any extensive circulation. The precautions which it took in admitting newcomers were taken for the credit and good name of New England banking. The Suffolk Bank suffered some losses in consequence of advances to country banks, but these did not prevent it from declaring dividends at the average rate Small Losses. of 1 1 per cent per annum. The losses which it incurred from counterfeits and alterations in notes were very small. From 1836 to 1846 the losses by counterfeit notes were only $1107, from alterations $766, and from counterfeit signatures on genuine notes $82, although the redemption at that time exceeded $100,000,000 per year. In 1824 two clerks could do all the work. In 1855 seventy were required, and the redemptions reached $400,000,000 per year. As the circulation of the New England banks at that time was about $40,000,000, the whole amount was redeemed ten times each year, or about once in five weeks. Any person engaged in a legitimate trade, in any part of New England, could exchange his promissory note, running sixty or ninety days, for the notes of a bank, w ^ hich he could pay the wages of his employees or buy the materials of his indus- try in any part of the United States or Canada. The notes would remain in circulation about five weeks, and then find their way to the Suffolk Bank, where they were offset by the notes of other banks which took their rise in the same way. The man whose promissory note the bank had discounted, and by means of which it had put its own notes in circulation, 298 BANKING had meanwhile sold his products. If he had sold them in Boston, his draft on the Boston merchant would pay his note at the local bank, and this would enable the latter to keep its balance good at the Suffolk. If he had sold them in New York or Chicago, he would get his pay in a draft on Boston, which would answer the same end. If he had sold them at home and had received New England bank notes in exchange for them, the local bank could use these to keep its balance good at the Suffolk. New England trade was carried on by an endless chain of offsets and book balances at the Suffolk Bank. The security for the notes consisted of the bank's assets and the banker's moral character and business sagacity. Both notes and deposits rested upon the same security that deposits rest upon now, and the volume of both was determined by the wants of trade. The foregoing method of issuing circulating notes is called the "banking principle," - a term used in contra- distinction to the " currency principle," which Princi le'^ assumes that a certain amount of paper cur- rency will be wanted by the community at all times and that the government may advantageously issue it, either directly or through an agency like the Bank of England. As the latter principle is now operative in Eng- land, the average amount which will always circulate and which the community will never send in for redemption if satisfied of its goodness, is first ascertained experimentally. If, in the progress of time, more notes are wanted than the ascertained sum, they must be bought with gold. Thus the Bank of England is required to give its notes for all the sovereigns offered to it, or for gold bullion of equal value. In like manner the Treasury of the United States must issue gold certificates to all persons tendering Ameri- can gold coin to it. THE SUFFOLK BANK SYSTEM 299 Under the Suffolk system of bank-note redemption, specie was seldom asked for, but it was always paid when de- manded. The metallic reserve was the touch- specie Reserve. , 1,1- stone of the whole business. The banks learned by experience how many notes would circulate and how much specie was needed. It was not until 1858 that the state of Massachusetts, in consequence of the panic of 1857, established a legal reserve of 15 per cent of specie against both deposits and circulation. Country banks might count their balances in Boston banks, payable on demand, as specie, for experience had shown that notes were best redeemed at a common center, where the gold reserve should be kept. Prior to the passage of the law of 1858 the specie reserve had been extremely variable, rang- ing from 44 per cent in 1843 to 7^- per cent in 1851. There was a heated controversy over the passage of this law. The bankers were generally opposed to it, on the ground that it was unnecessary meddling, but public opin- ion sustained it. After the passage of the law the specie reserve rose considerably above the legal requirement and afterwards oscillated around it, being sometimes a little more, and sometimes a little less, than 15 per cent. This law did not touch the other New England States, whose banks were integral parts of the Suffolk system. In 1859 Maine, Rhode Island, and Connecticut each had 10 per cent of specie as against circulation and deposits, New Hampshire 7^ per cent, and Vermont only 6 per cent. The Suffolk Bank system continued until it was super- seded by the national banking system, which required each bank to receive the notes of every other bank at par for all dues to itself. Massachusetts enacted general banking laws in 1805, in 1828, in 1835, in 1860, and in 1880, Her banking law, as it existed before the national system came in force, consisted 30O BANKING of two parts, one relating to chartered banks, and the other to free banks. A free banking law, which allowed persons to organize banks at their own pleasure, on condition of deposit- ing with the state officers bond security for ^ eiT circulating notes, had been passed in 1851, but only seven banks were organized under it. The following were among the provisions of law relating to banks in i86o:'*No individual could hold more than one-half the stock of any bankpfio person could be a director of more than one bank no person could be a director whose stock was pledged for debt. ' Neither the debts nor the credits of a bank could exceed twice the capital stock paid in, except for deposits and for debts to or from other banks. No bank could pay out any notes but its own ; or issue any notes, directly or indirectly, except at its own banking house ; 'or issue any notes with the understanding that they should be kept out a certain length of time.'" No bank could make a loan repayable in anything except specie or its own notes. In case of bank failure the note holders were to have a prior lien on the assets. " If any new banks should be chartered with greater privileges than those here enumerated, the same privileges were to extend to all other banks. ' Three bank commissioners were appointed to examine all banks once each year or oftener if they deemed it expedient and to publish the results of such examinations. RECAPITULATION In the first quarter of the nineteenth century the notes of country banks were at a discount in all the commercial centers. If the discount was not excessive, they passed from hand to hand in trade, but they were not received by the city banks except at their actual value. The notes of the city banks, on the other hand, by reason of their goodness, THE SUFFOLK BANK SYSTEM 301 were promptly returned to them as deposits or in payment of loans. Under the operation of Gresham's Law the worst money that would circulate drove out the better. The Boston banks, although possessing more than half the banking capital in New England, had only one twenty-fifth part of the circulation. Country bank notes accumulated in the hands of merchants, and they either sold them to brokers or sent them by messengers to the issuing banks for redemp- tion. The discount in Boston on the notes of Massachu- setts country banks averaged \ per cent. On those of the other New England States it ranged from i to 5 per cent according to the distance of the banks and the cost of securing redemption. The Suffolk Bank of Boston was chartered in 1818 as an ordinary bank of issue and deposit. Its managers con- ceived the idea of making a profit out of the redemption of country bank notes. They offered to redeem all such notes at par, if the issuing banks would provide funds for that purpose and would also make permanent deposits in the Suffolk Bank, the use of which should compensate it for its trouble. At first only a few of the country banks acceded to this proposal. The Suffolk Bank then sent home for redemption all the notes of the non-assenting banks that it could get. The other Boston banks joined the Suffolk and contributed a fund for carrying on the campaign in all the New England States. Eventually all the country banks were forced into the arrangement, because it was found to be cheaper to redeem their notes in Boston than at home. They found also that under the Suffolk system their credit was so much improved that their notes gained circulation in all parts of the United States and Canada. The system was, tn fact, advantageous to them as well as to the public. When the system had been thoroughly established, the Suffolk Bank accepted the notes of all solvent New England 302 BANKING banks at par and offset them against each other, thus serving as a clearing house for New England bank-note issues. The legislature of Massachusetts testified its approval of the system by passing a law prohibiting banks from paying out any notes but their own, thus making it necessary to send to the Suffolk for prompt redemption the notes of other banks which came into their hands. The redemptions, or clearings, at the Suffolk Bank reached the sum of $400,000,000 per year. As the total circulation of New England banks at J:hat time was only $40,000,000, it followed that the notes were redeemed, on the average, ten times each year. The Suffolk system continued until 1865, when it was superseded by the national banking system. It brought banking in New England to a state of responsi- bility, order, and solvency unknown before. AUTHORITIES Whitney's History of the Suffolk Bank. Stetson's History of the State Bank. Root's New England Bank Currency (" Sound Currency " series). Knox's History of Banking in the United States. Reports of Bank Commissioners of Massachusetts. CHAPTER X THE SAFETY FUND SYSTEM NEW YORK has made two contributions of the first impor- tance to banking science : (i) the safety fund system, or mutual insurance of circulating notes ; (2) the free bank, or bond deposit, system for securing circulating notes, which was the precursor of the national banking system. During the first half century banking in New York was an integral part of the spoils of politics. Federalists would grant no charters to Republicans, and Republicans none to Federalists. After a few banks had been established they united, regardless of politics, to create a monopoly by pre- venting other persons from getting charters. When charters were applied for and refused, the applicants began business on the common- law plan. Then, at the instigation of the favored ones, the politicians passed a law to suppress all unchartered banks. The latter went to Albany and bribed the legislature. In short, politics, monopoly, and bribery constitute the key to banking in the early history of the state. The Bank of New York, described in a previous chapter, 1 was controlled by Federalists. As the anti-Federalists knew that the legislature would not grant a charter to them, Aaron Burr conceived the idea of procuring one by stealth. The city had recently been scourged with yellow fever, the ravages of which were attributed in part to the bad water. Accordingly a petition was presented for a charter for a 1 See page 248. 303 304 BANKING company with a capital of $2,000,000 to supply New York City with pure water. In it was a clause authorizing the company to use any surplus of capital, over and above the amount needed for the water works, in any moneyed transactions not inconsistent with the constitution and laws of the state or of the United States. The Council of Revision (of which John Jay was president), whose approval was necessary, did not suspect that banking powers were concealed in the charter. The charter was granted, and the company applied one half of its capital to water works and the other half to the banking business. This was the Manhattan Company, which ceased to be a water company in 1840, but has continued as a bank to the present day. When the Republicans came into power they refused all applications for bank charters to Federalists ; and the existing banks, of which there were six in the state prior to 1804, made common cause to prevent any new ones from entering the field. In that year the Merchants' Bank of New York City, which was already in operation under the common law, applied for a charter. It was refused. The bank bought its way through the legislature amid scenes of excite- ment, which included fist fighting in open session. In i8ii the Bank of America repeated the operation on a larger scale. In 1821 the people of the state sought to put an end to these scandals by a clause in the constitution of that year requiring a two-thirds vote of both branches of the legislature to pass a bank charter, but the only effect was " to increase the evil by rendering necessary a more extended system of corruption." 1 In 1828 forty bank charters were in force, out of forty- three which had been granted, three small country banks having become insolvent. The charters of thirty of the 1 Hammond's History of Political Parties in the State of New York, THE SAFETY FUND SYSTEM 305 survivors were about to expire, and all efforts to renew them had failed to secure the necessary two-thirds vote. The legislature was determined to impose on the banks some new conditions, in the public interest. At Joshua Forman. . % this juncture (January 24, 1829) Mr. Joshua Forman of Syracuse addressed a letter to Martin Van Buren, governor of the state, proposing a plan for the mutual insurance of banks. His suggestion was that each bank should be required to contribute annually to a common fund for the payment of the debts of such banks as should fail, this contribution to continue till it should reach half a million dollars and be kept up to that sum by further con- tributions when needful. Mr. Forman's plan was adopted, and a law was passed providing that every bank whose charter should be granted or extended thereafter should pay into a " bank fund " one-half of i per cent of its capital each year, unt '^ t ^ ie contr ib u tions should be equal to 3 per cent of its capital stock. This fund was to be applied solely to the payment of the debts (exclu- sive of the capital stock) of failed banks belonging to the system. The fund was not to be used, however, until the assets of the failed bank had been exhausted and the defi- ciency determined by judicial proceedings. Whenever the fund should be reduced in this way, the comptroller was to call on the banks for fresh contributions, at the same rate, as to time and amount, as the original ones. The same act provided for the appointment of three commissioners to examine all the banks three times each year, or oftener if required to do so. Any three banks might call for a special examination of any bank in the system. In 1837 three safety fund banks, all in the city of Buffalo, were reported to be in difficulties. The legislature passed a law authorizing the comptroller to make immediate payment, 306 BANKING out of the bank fund, of the notes of any insolvent bank whose liabilities, in excess of assets, should not exceed two-thirds of the amount in the bank fund. This law was applied to the three Buffalo banks. There was no deprecia- tion of their notes, and the bank fund was restored out of the assets of the failed banks. Two other banks went into liquidation soon afterwards, and their notes were paid and the fund replenished in the same way. There were no more failures till 1840. During that and the two following years eleven banks failed. The fund was now about $900,000, of which $600,000 was applicable, under the law of 1837, to the immediate redemption of circulating Prior Uen * notes, the remainder being reserved for deposi- tors. The first three banks in the order of failure exhausted this sum. The bank commissioners, in their annual report for 1841, said that the bank fund was primarily intended for the protection of note holders, not depositors or general creditors. The fact that the law put all creditors on the same level was not understood by the public or by the bankers themselves, and its expediency was called in question. In 1842 the law was amended, so that after the payment of all the liabilities charged against the fund at that time the note holders should have the first lien on it. In the constitution of 1846 note holders were made pre- ferred creditors of all failed banks. This valuable principle had been adopted by the state of Connecticut in 1831. The law of that state, however, gave the Reason for this. , , preference only to the holders of notes of the denomination of $100 or less. One reason why note holders ought to be preferred creditors of failed banks is that usually it is not a matter of choice whether persons shall or shall not accept bank notes offered in payment. This is especially true of the poorer and more helpless classes of THE SAFETY FUND SYSTEM 307 the community, who are liable to lose situations, or favor, or patronage, if they make objections to the kind of money offered to them, and who are less able to form opinions for themselves on the soundness and standing of particular banks. Unfortunately the charges against the bank fund before the act of 1842 took effect were sufficient to absorb everything it was likely to receive from the \ per cent annual contribution for several years. Accordingly the state issued its own stock for $900,000 to Fraudulent over- k prompt payment to the creditors of the issues. f .; failed banks, taking a lien on the fund for repayment; and eventually the state's advances were all reimbursed out of the fund, principal and interest. More- over, the fund redeemed about $700,000 of notes fraudu- lently overissued, a consequence of the lack, in the origi- nal act, of any system of public registration. The whole amount of payments into the safety fund was $3,104,999. The faults of the safety fund system were errors of detail. The fund should have been liable only for circulat- ing notes. By attempting too much, the system broke down. When a bank failed the redemption of its notes from the fund should have been immediate, so that the note holders should not lose by delay and depreciation, and the fund should have been reimbursed later out of the assets of the failed banks and the legal contributions of the solvent ones. On the assumption that the circulation only ought to be protected, the contributions to the fund should tile's S stem have been proportioned to the circulation, and not to the capital stock, of each bank. The notes should have been issued to the banks only by the state comptroller, and duly recorded. In his report for 1848, Millard Fillmore, the comptroller, said that "the Safety Fund would have proved an ample indemnity to the bill 3O8 BANKING holder had it not been applied to the payment of other debts of the banks than those due for circulation." 1 Although the safety fund system has passed away in the place of its birth, it is alive and in high esteem in a neigh- boring country. It was adopted in Canada in 1890, in order to secure the prompt redemption of the notes of failed banks, i.e., to avoid a discount on the notes of such banks pending liquidation. Under the Canadian system the circulating notes are the first lien on the assets, and it is believed that the assets will always suffice to redeem the notes ; but the delay in converting them into cash, prior to the establish- ment of the safety fund, had led to a temporary discount on such notes. The maximum amount of the fund is 5 per cent of the outstanding circulation of all c?n a a f dI yFUnd the Canadian banks, and it must be kept up to this maximum, the Minister of Finance having power to call on the banks for additional contributions, when necessary, not exceeding i per cent in any year. When the assets of failed banks are paid in, however, refunds may be made to the contributing banks of the excess over 5 per cent. Under the Canadian law the notes of failed banks draw interest at 6 per cent until redeemed. They are therefore eagerly received by the other banks, and there has been no depreciation on any such notes since the system was adopted. 1 Mr. L. Carroll Root (Sound Currency, Vol. II, No. 5) has verified Mr. Fillmore's statement by an independent examination of the figures. " It is plain," he says, " as a result of calculation from experiments of 36 years (1829-1865), that, had the Safety Fund system as perfected prior to and in the constitution of 1846 been left untouched as that upon which New York State bank currency was based, not merely would every dollar of circulation have been kept good, but the total assessment to keep the fund good would have averaged less than \ per cent on the banking capital, or about f per cent on the average circu- lation outstanding." THE SAFETY FUND SYSTEM 309 RECAPITULATION The safety fund system of New York was a mutual insurance of banks, established by law in the year 1829, for the protection of their creditors. It required an annual contribution by all the banks in the state of a sum equal to per cent of their capital, until the fund should reach 3 per cent thereof, out of which the remaining indebtedness of insolvent banks was to be paid after their assets were exhausted, the contributions to be renewed from time to time at the same rate when necessary. The first bank failures that took place after the system was adopted occurred in 1837. A law was then passed by the legislature authorizing the immediate use of the money in the fund for the redemp- tion of the notes of failed banks, provided the amount called for did not exceed two-thirds of the whole fund then in hand. The notes of the failed banks were redeemed imme- diately, and they suffered no depreciation. In 1840-42 eleven banks failed, and the consequent demands to meet the claims of both note holders and depositors were too large to be satisfied out of the money in the fund. In 1842 a law was enacted that, after the existing claims were paid, the fund should be applied only to the redemption of the circulating notes of failed banks. This change came too late to be of service ; for the claims on the fund were larger than could be met out of the annual contributions for several years. In the meantime the policy of the state in reference to banks was radically changed by the constitution of 1846, which prohibited the granting or extension of any special charters for banks. As all of the safety fund banks were in this category, the system was doomed to extinction when the existing charters expired. All the claims against the fund were eventually paid in full, including the redemption of a large amount of notes fraudulently issued, and an 3IO BANKING unclaimed balance of $13,144 was turned into the state treasury. The last charters of safety fund banks expired in 1866. Experience under the safety fund system showed that the original act was defective in the following particulars : (i) it should have required public registration of note issues to prevent fraud ; (2) note holders should have been made preferred creditors of failed banks ; (3) the safety fund should have been applied only to the redemption of circu- lating notes ; (4) the fund should have been applied to this purpose immediately upon the failure of any bank (to prevent depreciation of its notes), instead of awaiting the results of liquidation of its affairs. All of these changes were made by amendments to the law or the constitution of the state between the years 1837 and 1846. If they had been embodied in the original act, there would never have been any loss to note holders under the system, by depreciation or otherwise. / ^ CS / CHAPTER XI THE FREE BANK SYSTEM THE next change in the banking system of New York was even more radical than the one described in the pre- ceding chapter. Until 1838 banking had remained a monopoly. Nobody could get a charter without a special act ot the legis- lature, and nobody could invest even $100 in a new bank without the consent of the bank commissioners of the state. When a charter was granted these officials parceled out, as a matter of favoritism and partisan spoils, the rights to subscribe for shares. Contention and heart burning were the necessary consequence, and no persons were more keenly alive to the disgrace than the bank commissioners themselves, who said in their report of 1837 : The distribution of bank stocks created at the last session has in very few, if any, instances been productive of anything like general satisfaction. In most instances its fruits have been vio- lent contention and bitter personal animosities, corrupting to the public mind and destructive of the peace and harmony of society. These scandals caused nearly universal disgust and led to a revolt in the Democratic party in 1835. A faction sprang up calling themselves the Equal Rights party, known afterwards as the " Locofocos." They adopted a platform in which they declared " hostility to any and all monopolies by legislation, because they are violations of the equal rights of the people." As the Democratic party took no steps to 3 tl 312 BANKING reform the evils complained of, the Locofocos joined the Whigs and carried the elections in the city of New York in the autumn of 1836 and the spring of 1837, as well as the state election in the autumn of the latter year, securing a large majority of the legislature. This victory Political Revolt. , . ' led to the free banking law of 1838, the motive for it being political rather than financial. A suggestion for such a system had been made eleven years earlier by the Rev. John McVickar, professor of political economy in Columbia College, in a letter written to a gentleman in Albany and published in a pamphlet. Professor McVickar proposed that any individuals or associations might enter into the banking business freely, but that nine-tenths of their capital should be invested in government stock, of which the bank should receive the interest, though the principal should remain in the custody of the state as security for the circulating notes of the bank. The remaining tenth of the capital might, however, be invested as the officers of the bank should see fit. The free banking law of New York was introduced in the legislature by Mr. Abijah Mann. As amended and passed, it provided that any person, or association of per- sons, might receive from the comptroller circulating notes, and after signing them might issue them as money by first depositing with him stocks of the United Free Banking States> o f the state o f New Y ork, or of any other state approved by the comptroller, made equal to a 5 per cent stock of the state of New York, or bonds and mortgages on improved, productive, and unincum- bered real estate, worth double the amount of the mortgage, exclusive of the buildings thereon, and bearing interest at not less than 6 per cent per annum. The banks might deposit stocks only, or half stocks and half bonds and mortgages, and the printed notes should specify to which THE FREE BANK SYSTEM 313 class they belonged. In case default should be made in the redemption of any such notes, the comptroller was to sell the securities and apply the proceeds to the redemption of the notes. The state was not in any way responsible for the payment of the notes beyond the proper appli- cation of the securities to that purpose. The persons or associations depositing the securities were to receive the interest on them as long as they redeemed their notes on demand, unless in the opinion of the comptroller they had depreciated so as to be no longer adequate security. The bill became a law on April 18, 1838. There was an immediate rush of people into the banking business. One hundred and thirty-three new banks were organized, and seventy-six started in business before December i, 1839. Experience under the new system was at first disastrous. The Bank of Tonawanda failed in 1840, and A Bad Beginning. . . . its securities realized only sixty-eight cents on the dollar of its outstanding notes. This example led to a change of the law regarding stock securities, which were now restricted, as to banks subsequently established, to those of New York. The mortality of the free banks was so great, by failure or voluntary liquidation, that in 1842 only forty-six remained in operation. In 1844 the comp- troller reported that twenty-six free banks had failed, and that their circulation has been redeemed at the average rate of seventy-six cents on the dollar. The practice of issuing notes at interior towns by indi- viduals residing in New York City, or even in other states, was soon discovered to be prevalent. Hence, a law was passed in 1840 requiring that all country banks should redeem their notes in New York City or Albany at a dis- count not exceeding one-half of i per cent. As they usually passed at par, a man could issue and lend notes in New York City, dating them at some remote place in the interior, 314 BANKING and then redeem them at a discount of ^ per cent at the very place where he had issued them. The profit on $10,000 would be $50 each time that amount of notes was put out and taken back, plus the interest paid by the borrower. This was more freedom in banking than had been contemplated. An act was accordingly passed in 1844, providing that nobody should transact business as a banker except at the place of his actual residence, but this law was evaded. The banker appointed a dummy in the interior town to sign the notes for him, and then went on as before. Banks established merely for the purpose of issuing notes were made the sub- ject of examination and reproof by a committee of the senate in 1845. Three years later a law was passed requiring that all banking associations and individual bankers should be banks of deposit and discount as well as of circulation ; but, as there was no means provided for enforcing it, this law was evaded also. In 1851 the legal discount on country bank notes was reduced to \ per cent. It was commonly supposed that security for bank notes was the same thing as redemption of them ; and that, if the notes were secured, redemption would not be demanded, or if demanded would be easily met. All of these supposi- tions were erroneous. Redemption of the notes was just as necessary under this system as under any other ; and when the test came, the security was found to be defective. The event proved that there were other conditions requisite to a good banking system, that the shareholders must be men of substance and character, that the banks must have capital and local habitations, and that they must do a real banking business. The defects of the securities under the free bank system were remediable, however. Experience having proved that bonds and mortgages were not quick assets and that they might become utterly unavailable in a panic, THE FREE BANK SYSTEM 315 they were finally cast out altogether, and the stock securi- ties were toned up to par by being restricted to those of the United States and of the state of New York. The state constitution of 1846 also contained important the^stem provisions. It made stockholders individu- ally liable (after a specified date) for the debts of banks to an amount equal to their respective shares, in addition to the amount invested by them in the bank. It provided that in case of insolvency note holders should be preferred creditors ; that the legislature should not pass any law sanctioning the suspension of specie pay- ments ; that no special charters for banking purposes should be thereafter granted or extended ; and that all future acts of incorporation, whether general or special, might be altered, amended, or repealed. All these provisions are traceable to the Locofoco uprising of 1836-37. From 1839 to 1850 thirty-two free banks failed, with a circulation of $1,468,243, which was redeemed at various rates from par down to thirty cents on the dol- System perfected. . lar, the aggregate loss being $325,487. From 1851 to 1861 there were twenty-five failures, with a cir- culation of $1,648,000 and a loss of only $72,849. After 1 86 1 there were no failures that resulted in loss to note holders, except by some small delay in realizing on the securities. The system was now nearly perfect, so far as security was concerned. Comparison of the results of the safety fund and of the free bank systems in the state of New York shows a marked advantage for the former in the matter of elasticity of note issues, or the power to respond quickly to the vary- ing demands of business. It was not necessary for the safety fund banks to invest additional capital, to buy securities in the market and lodge them with the state comptroller, and to go through other tedious formalities 316 BANKING before meeting the demand for more notes. They could respond immediately, and in exact measure with the demand. The free banks, after buying their notes from the state comp- troller, could not put out any more of them than the safet y fund banks could of theirs which cost nothing, or keep them out any longer. When the notes of the free banks came back to their counters they became dead capital, earning no interest. Hence those banks would take out no more than the aver- age amount which they could keep in circulation. Thus they would have no margin for special emergencies. Accordingly there was a regular rise and fall of the circu- lation of the safety fund banks according to the seasons and the state of trade, while that of the free banks was comparatively rigid. 1 The free bank system of New York harmonized so well with the doctrine of equal rights and gave such promise of abundance of money that it became very popular. Sixteen states adopted it in whole or in part. The controlling motive in most cases was to secure circulating notes in the largest amount and with the greatest rapidity possible. The state of Illinois passed her free banking law in 1851. In Novem- ber of that year it was submitted to a vote of the P e P le and ratified. It provided that any number of persons might organize a bank, but that no bank should have a less capital than $50,000. It did not require that a bank should have any directors. The bank's capital might consist wholly of bonds of states or the United States, deposited with the state auditor as security for its circulating notes. The auditor could deliver to the 1 Mr. L. Carroll Root, in his monograph on New York Bank Cur- rency, presents a view of the working of the two systems as regards elasticity, by charts showing the rise and fall of the circulation under each from 1857 to 1861. Sound Currency, Vol. II, No. 5. THE FREE BANK SYSTEM 317 bank in circulating notes 80 per cent of the market value of the securities. The banks were allowed to pay out the notes of any specie-paying banks of the United States or of Canada. This was virtually an authorization to banks to pay their debts in something else than gold or silver and hence was unconstitutional ; but, as it was in accord with public opinion, nobody questioned it. One hundred and twenty banks were established under this law. Most of them were banks of circulation only. The banking business, in their view, consisted in converting state bonds into circulat- ing notes, getting these into the hands of the people for value, and preventing note holders from calling on them for specie. There were attempts at first to do a legitimate banking business in the large towns under this law ; but they were ineffectual, because the notes of such banks would be returned for redemption, while those of remote and inacces- sible places would remain in circulation. In practice it was hardly necessary for the bank to have a place of business, if its notes were secured. In some instances, where attempts were made in Illinois to present notes for redemption at the bank's counter^, no counter was found, but merely a hired room in some place remote from any railway station and situated on some bottomless prairie road. The panic of 1857 caused a suspension of specie pay- ments over the greater part of the country, including New York and New England. With such illustrious examples before them, the closing of the banks of Illinois was looked upon as a matter of course. Exchange on New York rose to 15 per cent premium in Chicago. The country banks of Illi- nois had nothing except security bonds which were held by the state auditor. In many cases the bonds had been bor- rowed and the resulting notes had been handed over to the lenders. Nevertheless, the people were tolerant and allowed the bankers time to recuperate. In 1861, when the Civil War 3l8 BANKING began, there were 112 so-called "solvent banks" in exist- ence in the state, meaning those that had recovered from the disasters of 1857 or had been established later. When the clouds of the war began to lower, the security bonds, many of which were those of Southern states, began to decline in value, and the notes depreciated accordingly. There was now no real money and no currency in Illinois, but merely different varieties of uncurrent notes passing at various rates of discount, the quotations varying from day to day, from place to place, and even from street to street. Lists of banks, with the rates at which their notes would be received in trade, were posted in all shops, railroad offices, and brokers' offices, and published in Final Collapse. the newspapers. There was a merchants list, a bankers' list, and a railroad list, and these were subject to change without notice. In August, 1861, the system col- lapsed. At the end of the year only seven free banks remained, with a total circulation of $147,000. The legisla- ture was bewildered by the crumbling of the system on whose security such extravagant hopes had been built. A law was enacted providing that no bank should have a circulation exceeding three times its capital, and that the bonds depos- ited to secure its circulation should not be considered as evidence of capital ; but the system never recovered from the shock. The circulation outstanding at the beginning of 1861 was $12,320,694. The average loss to note holders was 40 per cent. But for the advent of the Civil War it is probable that free banking in Illinois would have followed the same course as in New York, that the securities would have been gradually toned up to par, the laws made more stringent, and central redemption required. The free bank system was adopted in Indiana in 1852 and in Wisconsin in 1853. The law of the former state was very similar to that of Illinois. The differences were that THE FREE BANK SYSTEM 319 in Indiana the auditor might issue circulating notes to the full amount (instead of 80 per cent) of the face value of the securities deposited, and that each bank must Indiana. . . . have specie in its own vaults equal to 12$ per cent of its circulating notes, a requirement that was not generally complied with. The downfall of the system in Indiana was even more precipitate -and disastrous than in Illinois. The free banking law of Wisconsin allowed the bank comptroller to issue circulating notes to the full amount of the bonds of states deposited with him by banks. It allowed him also to receive the first mortgage bonds of any railroad in the state twenty miles long, or divisional mortgage bonds on sections of road of not less than forty miles, such road to be first inspected as to its physical condition Wisconsin. by the governor, the Attorney-General, and the bank comptroller, or any two of them. On such securities 80 per cent of circulating notes could be issued, and one-half of the securities of any bank might consist of rail- road bonds of this description. Stockholders were required to give their personal bonds to the extent of one-fourth of the amount of the circulating notes, as security against deprecia- tion of the other securities. Except in this particular the shareholders were not liable beyond the amount of their capital invested. This law was no better than those of Illinois and Indiana, but it was better administered. The comptroller was more careful about the securities he took, and as a consequence the banks were better fortified when the strain came. Yet they ended in disaster and disorder, the city of Milwaukee being the scene of riots in June, 1861, in consequence of the depreciated currency. The free bank system was adopted permissively in Canada in 1850. There it was brought in competition with the sys- tem of chartered banks, which was then substantially the 32O BANKING same as that of the New England States. Only six banks were organized under it, although special advantages were offered in the way of exemption from taxation. Their cir- culation, which reached $1,080,684 i n ^56, ran down to $495,631 in 1860, and the next year three of the six Poetically withdrew from the field, and now only one remains. The reason for the failure of the system was that the free banks could not com- pete with their neighbors and rivals in business. When the system was started, the Canadian government debentures paid 6 per cent interest and could be bought at a price which netted 7 per cent to the investor. The advocates of the sys- tem said that this would furnish an ample margin of profit, that the banks would get 7 per cent on their deposited bonds, plus whatever they could obtain from the loan of their circulating notes. This was a half truth. The fact was overlooked that the other banks, having their capital free (not locked up in government debentures), could lend three or four dollars of credit for every dollar of cash in hand and could use their circulating notes as well as the free banks could use theirs. Thus the business opportunities were in favor of the chartered banks. A similar competition, with similar results, took place between free, or bond-deposit, banks and chartered banks in Massachusetts, Ohio, and Louisiana. The former were crowded out. RECAPITULATION Until the year 1838 nobody could engage in the business of banking in the state of New York without a special charter. Thus had grown up a bank monopoly which had been the cause of political corruption and bribery of the legis- lature. These abuses led to a popular reaction and to the passage of a law enabling any person, or association of THE FREE BANK SYSTEM 321 persons, to engage in the business of banking on condition of securing their circulating notes by the pledge of public stocks, or of such stocks and bonds and mortgages together, to be lodged in the hands of the comptroller of the state. In case of the failure of any bank the comptroller was required to sell the securities and apply the proceeds to the redemption of the notes. The first bank failure under this system took place in 1840. Its securities realized only sixty-eight cents on the dollar of its outstanding notes. Twenty-six free banks failed between the years 1839 and 1844, and their notes were redeemed at the average rate of only seventy-six cents on the dollar. These results proved, not that the system was bad, but that it was defective in details. Then the law was amended, so that only the stocks of the United States and of the state of New York should be accepted as security for the note issues of the free banks, while bonds and mortgages were excluded altogether. After these amendments had been made the notes of banks which became insolvent were redeemed at par. In several of the states which followed the example of New York the free bank system proved a disastrous failure, in consequence of the badness of the securities authorized to be taken. Before these states had time to perfect the system the Civil War began and the national bank act soon afterward superseded all other systems. AUTHORITIES FOR CHAPTERS X AND XI Knox's History of Banking in the United States. Root's New York Bank Currency (Sound Currency, Vol. II, No. 5). Hammond's History of Political Parties in the State of New York. Breckenridge's Canadian Banking System. Reports of the Bank Comptroller of New York. '*, ;/.^^ ! if CHAPTER XII CHAOS OF BANKING IN THE XIX CENTURY THE orderly conditions of banking at the beginning of the twentieth century cannot be fully appreciated without a glance at the chaos which prevailed during the greater part of the nineteenth. Some of the disorders have been detailed in pre- ceding chapters, but they give a very inadequate idea of the miseries endured by the people before the second Bank of the United States was established and for some thirty years after it ceased to exist. The usual method of starting a bank was as follows : First, a charter was obtained from the state legislature. This would form the basis of a speculation. It was customary to subscribe for a much larger number of shares than one expected to get. One bank is said to have had Ban^charters an aut horized capital of $100,000, whereas the subscriptions amounted to $8,000,000. In Philadelphia the struggle at the windows of the offices where subscriptions were taken was often attended with severe personal injury. " The most disgraceful riots that occur in Philadelphia," says Gouge, " are those which are produced by the opening of the books of subscription for a new bank." If the competition had been very brisk, the shares would generally command a premium after the books were closed. This was the chief aim of the speculators. Then the capital would be paid mostly in stock notes. The inter- est on the stock notes would be offset by the dividends on the shares, with a surplus to the speculators, provided the 322 BANKING IN THE XIX CENTURY 323 bank did not break. If the times happened to be unpropitious and a suspension of specie payments followed, the state legislatures were lenient, the banking fraternity was power- ful, and public opinion was so lifeless that the business might go on just as well as before, or even better, since there would then be no restraint upon the bank's issues. As the activities of banking at that time took the form of note issues rather than of deposits, the losses resulting from bank failures were widely diffused. They fell upon the whole community, but especially upon farmers, mechanics, wage- earners, washerwomen, and other poor people, who did not have bank accounts, but into whose pockets the worthless notes had found their way. There were general suspensions of specie payments in 1814, 1818, 1837, J 84i, and 1857, besides the suspension of the Civil War period, 1861-79. There were some crises in which the banks which continued to pay specie were excep- tions to the general rule. There were also many partial suspensions, where large groups, although not a majority, of banks failed : and there were individual Bank Failures. ... suspensions without number, many of them fraudulent, and all entailing indescribable suffering on the poorer classes. Such misery was inflicted upon the country that some of the states in their constitutions entirely pro- hibited the existence of banks within their limits. 1 Most 1 The writings of W. M. Gouge and Condy Raguet, like the pages of Niles' Register, are filled with particular instances of downright fraud, and of reckless speculation which can hardly be distinguished from fraud, in the establishment, operation, and closing of banks in the first half of the nineteenth century. For example : the Towanda Bank of Pennsylvania established its credit and gained a large circulation by having an agent to redeem its notes in Philadelphia. Suddenly the agent stopped redeeming them. " Hundreds of poor laborers," said the Public Ledger, " were to be seen running in every direction with their hands full of the trash and not able to induce a broker to give a sixpence 324 BANKING commonly, however, the banking fraternity controlled the state governments. A report made to the legislature of North Carolina in 1828 disclosed the following facts. The bank of Cape Fear and the bank of Newbern were chartered in 1804. The nominal capital of each was $800,000. In each case the law required that this should be paid in gold or silver, but was not so P a ^- Upon this fraudulent basis North Carolina they issued notes to the amount of more than $3,000,000, which they issued for discounting paper, drawing 6 per cent interest, "so that," says the report, "for the use of their notes, which, intrinsically, were of no value at all, the stockholders of these two banks have drawn from the people byway of interest something like $200,000 annually." The state bank of North Carolina was incorporated in 1810 with a capital of $1,600,000. In 1819 these three banks entered into an agreement with each other not to pay specie, and their circulating notes immediately fell to 15 per cent discount. They then introduced a clause into the promissory notes which they discounted, requiring payment in specie; that is, they lent their own irredeemable notes to the public on condition that payment should be made in coin. The specie so received was used to buy up their own circulating notes at a discount. At the time when the investigation was made the state bank had less than $1000 specie in its vaults. In view of these shocking revelations the recommendation of the legislative committee was that the Attorney-General should be directed to institute proceedings for forfeiture of charter. Even that suggestion failed ; for, when the banks on the dollar for them. We passed in the market a woman who makes her living by selling butter, eggs, and vegetables, who had almost all she was worth, about $17, in Towanda bank notes. When apprized that it was worthless, she sank down in agony upon her stool and wept like a child." BANKING IN THE XIX CENTURY 325 threatened to call in their loans, the legislature immediately became deaf and the people dumb. The state of Georgia in 1818 gave to the bank of Darien a charter, which provided that in every case where a demand was made on the bank for the redemption of its notes in specie the cashier might require the person In Georgia. making the demand to take an oath in writing "that such notes or bills so presented for payment are not the property of any other bank, company, or incorporation." The bank enlarged this privilege by adopting a rule that every person presenting its notes for redemption must take an oath in the bank, before a justice of the peace and in the presence of five directors and the cashier, that he was the owner of the notes and was not acting as the agent of anybody else. Of course, if it was very inconvenient for the bank to pay, it could thus protect itself; for it would be very diffi- cult for the other party to bring a justice of the peace, five directors, and the cashier together. In other words, the bank assumed power to suspend and resume payments at its own pleasure. The exercise of this power as against strangers was favored by public opinion, not only in Georgia, but throughout the South and West. Anybody coming from a distance to draw specie from a bank incurred the odium of the community. In such cases the bank was considered justified in paying the most inconvenient kind of coin and in taking the longest time to count it. In some cases persons who claimed their rights 'against banks in this way were threatened with tar and feathers. Public authority over banks was equally paralyzed. 1 a " We search almost in vain through the law reports for any decisions on the rights or authority of the state over banks, or the duties of banks to the state. It may be said that no attempts were made to test or enforce the rights of the state against banks and that, as a matter of 326 BANKING A number of chartered banks existed in Michigan in 1837. Early in that year she passed a banking law which, in some of its features, anticipated the free bank act of New York. It provided that any number of freeholders, not less than twelve, might organize themselves as a bank In Michigan. e . and open books of subscription to the capital stock thereof, 10 per cent to be paid in specie at the time of subscribing, and not less than 30 per cent before com- mencing business. The banks were required also to deposit security with the auditor-general of the state for their circu- lating notes and other liabilities. The securities might be bonds and mortgages or the personal bonds of resident freeholders, to be approved by the treasurer and clerk of the county, and they were to be held for the debts of the banks in case the other assets should prove inadequate. In the following December another act was passed providing for the appointment of three commissioners to visit and inspect all the banks every three months and especially to examine their specie. This act also made a change in the system of deposited securities, by providing that they should consist of bonds and mortgages only. The commissioners started on their journey in January, 1838. They found that the state had been plentifully littered with banks, but that the basis for most of them was one lot of specie, which was used in each case until the formalities of the law were complied with and then passed on to the next. In other cases no specie had been seen at any time, but incantations had been held with imaginary practice, it had none. The banks were almost irresponsible. Such decisions as bear at all on the authority of the state over banks proceed from the attempts of the banks to resist the exercise of any authority whatever. For instance, the banks which had charters resisted the appointment of Bank Commissioners, which was an exercise of visitorial power, and was the lever by which the state, after 1840, began to reduce the banks to order." SUMNER'S Banking, p. 352. BANKING IN THE XIX CENTURY 327 gold in the form of specie certificates and specie checks. The commissioners learned that a watch was kept on their movements and that when they were expected to visit a cer- tain bank the requisite amount of specie would be sent ahead one day or one night, so that it might be inspected and then withdrawn for the use of the next bank. But, as the specie in circulation at that time was mostly of foreign origin, after a particular lot had been inspected two or three times it could be identified by the preponderance of coins of this or that country, or by special marks on some of them. In this way the commissioners easily discovered the deception. Yet in every case somebody was found to swear that the specie belonged to the bank and that it was intended to be kept there for the sole business of that bank. Many of these institutions were located in the depths of forests where there were few human habitations, but plenty of wild cats. Thus they came to be known as the "wild-cat banks." Forty of these so-called banks went into operation "Wild-Cat under the law of 1837, with a nominal capital of $3,900,000, and all but four of them failed before December, 1839. The failure of the free banks discredited the chartered banks also and brought all of them down except three. The people of the state, who did not then number above 100,000 and were very poor, were left with $1,000,000 of worthless bank notes in their hands, for which they had given their products and their labor. When an attempt was made to realize on the mortgage securities, the Supreme Court pronounced the free banking act unconsti- tutional and void. 1 The bewildering state of the paper currency before the Civil War may be learned from the numerous bank-note Reporters and counterfeit detectors of the period. It was the aim of these publications to give early information to 1 Felch's Early Banks and Banking in Michigan. 328 BANKING enable the public to avoid spurious and worthless notes in circulation. These were of various kinds : (i) ordinary counterfeits ; (2) genuine notes altered from lower denomi- nations to higher ones; (3) genuine notes of Counterfeit and f ^ d banks j d h n g Q solvent Spurious Notes. banks ; (4) genuine notes of solvent banks with forged signatures ; (5) spurious notes, such as those of banks that had no existence; (6) spurious notes of good banks, as ao's of a bank that never issued 2o's ; (7) notes of old, closed banks still in circulation. The number of counterfeit and spurious notes was quite appalling, and disputes between payer and payee as to the goodness of notes were of frequent occurrence, ranging over the whole gamut of doubts, as to whether the issuing bank was sound or unsound, whether the note was genuine or counterfeit, and, if sound and genuine, whether the discount was within reasonable limits. All merchants kept "bank-note Reporters " for ready reference. If there was a bank in the town, the cashier was appealed to constantly by citizens to pass upon the goodness of notes in circulation. BicknaWs Counterfeit Detector and Bank-Note List of January i, 1839, contained the names of fifty-four banks that had failed at different times ; of twenty Counterfeit fictitious banks, the pretended notes of which Detectors. were in circulation ; of forty-three other banks, for the notes of which there was no sale ; of two hundred and fifty-four banks, the notes of which had been counter- feited or altered ; and enumerated thirteen hundred and ninety-five descriptions of counterfeited or altered notes then supposed to be in circulation, of denominations from one dollar to five hundred. Twenty years later Nicholas 1 Bank-Note Reporter had fifty- four hundred separate descriptions of counterfeit, altered, and spurious notes. The number of this Reporter for November, BANKING IN THE XIX CENTURY 329 1858, described thirty different counterfeits of the notes of the Bank of Delaware, Wilmington. They were one i, three 2*s, twelve 5's, seven ID'S, four 2o's, two 50*8, and one 100. The known counterfeits of the Bank of Kentucky, Louisville, were three I's, two 2's, two 3's, one 4, two 5's, four ID'S, seven 2o's, four 50*5, two loo's, and one 500, twenty-eight in all. The same number were catalogued of the State Bank of Ohio, namely, four r's, five 2's, two 3's, four 5's, nine xo's, two 2o's, one 50, and one 100, with the remark appended to the last : " Bank never issued any." Descriptions of the latest counterfeits were inserted conspicuously on the first page of each number. Thus the first page of Thompson's Reporter for June n, 1857, had warnings against fourteen spurious and altered notes which had made their appear- ance since its last issue. Extra sheets of the same publica- tion in 1859 had notices like the following: i's, 2's, 3's and 5's of the Wisconsin Miner's Bank are in cir- culation ; there is no such bank. Notes of the broken Farmer's Bank of Rhode Island are appearing altered to the other Farmer's Banks in various cities and States. Counterfeiters have become possessed of a large batch of the worthless notes of a concern called the Thames Bank, Laurel, Ind., and have commenced altering them to represent bills of various good banks the Thames Bank of Norwich, Conn., and the Conway Bank, Mass., and others. Bank of Mobile. Genuine impressions of the 2o's, 5o's and loo's of this bank with forged signatures are in circulation. There was a publication called Monroe's Descriptive List of Genuine Bank Notes. This contained thirteen hundred and twenty-three separate descriptions of notes. Frequently the banks which found their notes successfully counterfeited would destroy the plates and get new ones engraved, with the result that they had two or three kinds of genuine notes 330 BANKING in circulation at once, thus, of course, adding much to the confusion. There was also a list of broken, closed, and worthless banks. This was kept standing in all the Reporters. There were forty such credited to New York City at one time and one hundred and twenty-five more to other parts of the state. Rates of discount on all bank notes that were not at par in New York were quoted in all the Reporters. The auditor of Illinois advertised November 9, 1861, that he would redeem the notes of one hundred and thirty-nine banks named by him, at various rates ranging from 40 to 90 cents per dollar. Among the minor abuses of banking was the practice of requiring borrowers to leave on deposit a certain proportion of the amount borrowed, in some cases 40 per cent, so that the bank could lend the difference to somebody else and thus get double interest. The practice of Minor Abuses. . 11,. issuing post notes, payable thirty or sixty days after date, this feature being, in some cases, printed in very small letters so that an ordinary observer would not notice it, has been previously referred to. Laws were enacted forbidding the issue of post notes; but they were evaded by the device of lending netes on condition that they should be put in circulation at a certain distance from the bank, or should be kept out a certain length of time, or should be used only as collateral security for loans at other banks. One of the most common practices was to pay out the notes of distant banks that were at a discount. This practice prevailed largely in Chicago and the surrounding country from 1854 to 1859. Most of the bankers in that city owned banks in the state of Georgia, the notes of which they paid out for the commercial paper which they discounted. The same banks sold drafts on New York at per cent premium in exchange for these notes ; in other words, they paid out the notes at par and redeemed them at a discount. BANKING IN THE XIX CENTURY 331 This practice was sanctioned by law and public opinion, and it turned out that these unsecured notes of banks in a distant and then rather inaccessible state were intrinsically better than the bond-secured issues of the banks of Illinois. The former had assets without securities, and the latter had securities without assets. None of the Georgia-Chicago banks failed, nor did the discount on their notes ever exceed i per cent. The condition was similar to that which existed in New England before the corrective measures of the Suffolk Bank system were applied. RECAPITULATION Grave disorders in banking prevailed in the United States during the larger part of the nineteenth century. They were due to the lack of public regulation, to the want of any uniform system applicable to all parts of the country, and to the significant fact that public opinion was both torpid and unintelligent. The first and second Banks of the United States had been overthrown and nothing had been substi- tuted which could be applied to the entire nation. Their place was filled by multifarious banks, under heterogeneous special charters and systems, of which sharpers took advan- tage to plunder the unwary. The lack of public regulation led to innumerable frauds and miscalculations. Want of uniformity opened the door to thousands of counterfeit and spurious notes, by means of which many people lost their earnings. An active and intelligent public opinion is indispensable to keep banks, as well as other institutions, in good order ; and for this there is no possible substitute. It is not suffi- cient that the banking laws be good. They must, above all, be promptly and inexorably enforced, and this cannot happen unless public opinion is well instructed and alert. 332 BANKING AUTHORITIES Gouge's Short History of Banking and Paper Money in the United States. Raguet's Treatise on Currency and Banking. Raguet's Financial Register. Miles' Weekly Register, 1811-1848. Felch's Early Banks and Banking in Michigan. Kinley's Independent Treasury. The Banker's Magazine and Statistical Register, \ 846 et seq. -I CHAPTER XIII SOME NOTABLE BANKS NOTWITHSTANDING the disorders of banking in the West and South described in the preceding chapter, there were some bright spots in the prevailing gloom. oftaduSi* The most notable of these was supplied by the State Bank of Indiana. This was a sys- tem, or group, of banks modeled, for the most part, upon the Bank of the United States. It was established by the state legislature in 1834, after the bill to recharter the Bank of the United States had been vetoed by President Jackson. The capital of the bank was $1,600,000, all of which was paid in specie mostly in Spanish and Mexican silver dollars. One-half of the capital was owned by the state and the other half by private individuals ; but the state advanced 62^ per cent of the private subscriptions as a loan at 6 per cent interest, taking mortgage security and a lien on the shares for repayment. The persons subscribing for shares were required to pay 37^- per cent of their subscrip- tions in specie before the state advanced the remainder. The state procured the money by a 5 per cent loan nego- tiated in New York. The securities issued were termed " bank bonds." These were to run a little longer than the charter of the bank and were specially secured by the state's shares in the bank and her lien on those of the private shareholders. The charter was to continue twenty-five years, and no other banking corporation was to be created or permitted in the state during that time. 333 334 BANKING The bank was to consist of one parent institution at Indianapolis and ten branches. Each branch had a capital of $160,000. The parent institution had no capital under its immediate control, differing in this respect from the Bank of the United States. It consisted of a presi- dent and board of directors who supervised, examined, and controlled the whole. The president and four directors were chosen by the legislature to hold office five years, and one director was chosen by the private shareholders of each branch. The branches were managed by the local shareholders, subject to the central board at Indianapolis. The number of branches was after- wards increased to thirteen by additional capita 1 !, of which the state contributed one-half. The earnings of each branch belonged to its own shareholders exclusively, but the divi- dends were declared only by the parent bank. Unpaid interest on loans, whether due or not due, could not be included in dividends. Each branch was liable for the debts of every other branch, and in case of the insolvency of a branch had to pay them within one year; but the state had a first lien on the assets of any failed branch for the reimbursement of its stock. The branches were independent of each other as to assets, but were united as to liabilities. This had the effect of inducing vigilance on the part of all the members in watching each other and of inspiring public confidence in the stability of the whole institution. No branch could lend money on the security of its own stock. No officers or directors could borrow on terms unlike those offered to the public, or indorse for each other, or vote on questions wherein they were financially interested. On all applica- tions for loans above $500, a majority vote of five-sevenths of the board was necessary, and this was to be entered on the minutes with the names of the directors so voting. Directors SOME NOTABLE BANKS 335 were individually liable for losses resulting from infraction of the law, unless they had voted against such infraction. The insolvency of any branch, was to be deemed fraudulent unless the contrary were proved. In any case of insolvency adjudged to be fraudulent the directors were to be liable for the debts without limit ; and after their estates were exhausted the other stockholders were to be liable for an amount equal to their shares, in addition to the amount that had been paid, or ought to have been paid, thereon. 1 The debts due to or from any branch (except for deposits) were not to be more than double the capital of that branch. Theo- retically, therefore, each branch might have notes outstand- ing to double the amount of its capital. Its maximum circulation was $4,000,000 (in 1851), the capital being then $2,000,000. The notes were signed by the president of the bank and were issued to the branches by the parent bank. Each branch was required to redeem its own notes in specie on demand and to receive the notes of all the other branches at par. The notes were usually taken from the parent bank by the presidents or directors of the branches traveling on horseback. Mr. Hugh McCulloch (afterwards Secretary of the Treasury) was presi- dent of the Fort Wayne branch. He says : Fort Wayne was three good days' ride from Indianapolis, mostly through the woods. For fifteen years I made this journey on horseback and alone with thousands of dollars in my saddle bags, without the slightest fear of being robbed. I was well known upon the road and it was well known that I had money with me and a good deal of it, and yet I rode unharmed through 1 The clause of our national bank act which makes the share- holders personally liable for all the debts of a bank to an amount equal to the par value of their shares, in addition to the amount invested by them in the bank, made its first appearance on this continent in the charter of the Gore Bank of Hamilton, Canada, in 1835. The provision in the charter of the State Bank of Indiana fell somewhat short of that. 336 BANKING the woods and stopped for the night at the taverns and cabins on the way, in perfect safety. 1 Such were the leading features of this renowned bank. Its success was due to the excellence of the rules adopted for its government and to the sagacity and fidelity of its management. It was always under the control of men of prudence and probity. The managers of the parent bank were empowered to examine the branches as often as they saw fit and were required to do so at least twice each year. The examinations were usually made by the president. They were always thorough ; and, as no notice was given of the time when the examiner would come, no special preparations could be made. Mr. McCulloch ascribed the success of the bank largely to the intelligence, thoroughness, and frequency of the examinations. The bank's charter expired in 1859, and it went into liquidation. The state of Indiana realized a net profit of $3,500,000 over and above the interest paid on the bank bonds from the bank Liquidation . during the twenty-five years of its existence. The private shareholders, on the average, received $153.70 for each $100 paid in, besides the annual dividends. While the process of liquidation was going on, a bill was passed by the legislature to incorporate the Bank of the State of Indiana. This act was procured by certain scheming politi- cians, for the purpose of selling their rights under it to the owners of the expiring bank. In this they were successful. The old bank stepped into the new charter and entered upon a fresh career of prosperity, under the presidency of Mr. McCulloch ; but the state had no share in it. It con- tinued until 1865, when the federal tax of 10 per cent on the notes of state banks crippled its operations. 1 McCulloch's Men and Measures of Half a Century. SOME NOTABLE BANKS 337 Considered as a continuous institution from 1834 to 1866, this was a memorable bank, of whose history the country may well be proud. It was another excellent illustration of the " banking principle." l Its loans and discounts took the form of note issues, rather than of deposits, in the proportion of about seven of the former to one of the latter. This was due to the nature of its environment, as it was situated in a sparsely settled agricultural country, where bank checks were not adapted to the conditions of society. For a circu- lating medium bank notes were better adapted to the wants of the people than specie. Such a medium was supplied by the bank at all seasons of the year and in exact proportion to the demand that is, in proportion to the offering of good paper for discount. 2 After 1842 the notes of the bank were always redeemed in specie, even during the Crisis of 1857. .... ,,,,,. crisis of 1857, when all the banks in New England, and all in New York except one (the Chemical), were obliged to close their doors. It is true that public opinion in the West did not then require the payment of deposits in specie. If a bank redeemed its notes in coin, it might pay its depositors the same kind of currency that it 1 See page 297. 2 " It is of course true that for more than thirty years the entire ten- dency of banking movements in the United States was toward making the notes a preferred claim against the assets, and moreover against a certain portion of the assets, set apart in a particular form for the purpose of securing the notes. It goes without saying that the national banking system, the culmination of that movement, furnishes the country with the most reliable banknote circulation it has ever had. No one, of course, would think of returning to the chaos that prevailed when each State had its own system. Yet it is by no means certain that the national banking system can be made permanent on the present basis of bond security. If, then, it becomes necessary to reorganize the sys- tem, it will be worth while to examine the merits of this Indiana sys- tem of federal banks." HARDING'S Essay on the State Bank of Indiana, Sound Currency, Vol. V, No. 16. 338 BANKING habitually received from them ; but the deposits of the State Bank of Indiana were so small a part of its liabilities that it could have met that test also. When the bank began its operations in 1834, the state had about one million inhabitants ; and of these less than one thousand were engaged in mercantile pursuits, and a still smaller number in manufactures. Accordingly, the demands upon the bank were chiefly for Mortgage Loans. . mortgage loans. Such loans were made in considerable amounts, and they proved embarrassing. When the troubles of 1837 came the bank could not realize on its mortgage securities. Its officers thus learned by their own experience that loans on land security, although generally safe in the long run, were not suitable for a bank whose liabilities were payable on demand. It accordingly discon- tinued them as soon as practicable. It continued, however, to lend money largely to farmers and drovers on personal security and on bills of exchange drawn against shipments of agricultural products. Here it found its true source of wealth, and here the agriculturists found an ever present help in time of need, in the harvesting a*nd disposing of their crops. About the time that the State Bank of Indiana was started a Scottish youth named George Smith, twenty-five years of age, found his way to this country. A native George Smith. ' . J J of Aberdeenshire, he came hither to seek his fortune, and he found it in due time. He arrived at Chicago in 1834 and invested his small means in the purchase of real estate there. Then he returned to Scotland, where he persuaded certain friends, among whom was Alexander Mitchell, to join him in the northwestern part of the United States. In 1838 Smith conceived the idea of establishing a bank. This, however, was not easy, for the western states and territories were at that time intensely prejudiced against SOME NOTABLE BANKS 339 banks. Smith knew that he could not obtain a charter directly, but thought that he might do so covertly. The legislature of Illinois had recently granted a charter for an institution called the Chicago Marine and The Wisconsin fi re Insurance Company. Smith took a copy Marine and Fire insurance Co. of this instrument to Wisconsin and prevailed upon the territorial legislature to pass a similar one, which became law on February 28, 1839. This was a charter for a joint stock company to transact the business of marine, fire, and life insurance. It excluded " banking privileges " in express terms from the powers of the corpora- tors, but it authorized them to receive money on deposit and to loan the same on satisfactory security. As the phrase " banking privileges " meant the right to issue circulating notes, this was prohibited. Nevertheless, Smith and his associates began to issue certificates of deposit, in the similitude of bank notes, payable to bearer. These certifi- cates were in denominations of $1.00, $3.00, $5.00, and $10, and were generally known as " George Smith's money." They were at first redeemed in specie at Milwaukee ; but as the business grew, Smith established agencies at Chicago, Detroit, Buffalo, Galena, and St. Louis, where New York drafts were given for them at the current rate of exchange. The paid-up capital of the company was $225,000, all of which came from Scotland. As the legislature had never intended to grant a charter for a bank, it had enacted no regulations for one. Smith and Mitchell were therefore "wild catting" in ^ e most barefaced manner and the legislature was obliged to take notice of this fact. At the session of 1843 a committee was appointed to investigate the company. Its finances were found to be in a sound con- dition ; yet, since it had issued certificates of deposit in a form not contemplated by law, the committee recommended 340 BANKING that the charter be repealed. This recommendation was not adopted then, but three years later the legislature did repeal the charter by a decisive vote. The company contended that the question of a forfeiture of its rights must be deter- mined judicially, and it published a notice that in the mean- time it would continue its business and redeem its certificates in the usual manner at the head office and at the established agencies. The legislature took no further steps, being restrained perhaps by the belief that, although the business transacted by the company was irregular, it was beneficial to the infant community and that a sudden termination of it might prove disastrous. So the Wisconsin Marine and Fire Insurance Company's bank continued to exist. Its circula- tion under the charter of 1839 reached the sum of $1,470,- 235. There were repeated runs on it for specie, but they were always successfully met. 1 This institution supplies a fresh illustration of the "bank- ing principle." Smith discounted the promissory note of Mr. A, a wheat buyer, for say $10,000, by writing that sum, minus the interest for ninety days, opposite A's name in the bank's ledger and making a corresponding Money 2 - Smith>S 6ntrv in A ' S P aSS b k ' That became A ' s deposit and the bank's liability. The act of writing was ipso facto the issuance of the bank's credit. It was immaterial whether A exercised his right by drawing his checks and handing them to various people or by taking the whole amount in circulating notes, but he took notes 1 " During this fruitful period (1850 to 1860) of immigration, settle- ment, rapid growth and marvelous development of the resources of this great commonwealth, the Wisconsin Marine and Fire Insurance Com- pany was able, in spite of a dubious charter and hostile legislation, to supply all the channels of money circulation in the Northwest and in the valley of the Mississippi, with a constantly increasing stream of currency, the integrity of which remained to the last absolutely unquestioned." HADDEN'S History of State Banks of Wisconsin. SOME NOTABLE BANKS 341 because the people from whom he bought wheat could not use bank checks. He disbursed them among farmers, who paid them to country storekeepers, to farm laborers, teamsters, school teachers, clergymen, doctors, etc. By and by they reached the hands of the city merchant, who wished to make remittances to New York or Boston. He took the notes to Smith and obtained drafts on those cities at the current rate of exchange. It was no advantage for him to draw gold for the notes, because he could not send it to the East as cheaply as he could buy Smith's drafts. The wheat buyer, mean- while, had shipped his grain to a consignee in New York, taking a bill of lading from a steamboat. He had made a draft on the consignee, had attached the bill of lading to it, and sold it to Smith, thus paying his indebtedness to the bank and having something left over for his own profit. This draft had enabled Smith to have funds in New York to pay the drafts which he sold to the merchants. The farmers would have received gold for their wheat, if they had not taken Smith's notes ; but they would have been obliged to wait till the wheat could be sent to the eastern market and the proceeds returned, or else to secure advances of money from somebody who would wait for repayment till the crop had been sold. Thus, while Smith's profits were large, he did not alone reap the advantages of a paper medium of exchange, which was sound in fact, although unsound in principle. It was sound in fact because Smith and Mitchell were good bankers. It was unsound in principle because it was not accompanied by safeguards to protect the community against the doings of less honorable and less prudent men. " George Smith's money " was an elastic currency. There was no limit to his issues, except his ability to redeem them, of which he was the sole judge. Within this limit he dis- counted all the paper that he considered good. He gave his own paper payable on demand for that of merchants payable 342 BANKING at a fixed time. His own paper passed from hand to hand and might stay out a whole year. In the fall, when the crops began to move, there was no lack of money for legitimate trade, because it was as easy to put out these d'etre ^ aiS certificates at one time as at another. In the winter, when lake navigation was closed, the certificates answered all the purposes of a local circulating medium. In the spring, when steamboats began to move on the Great Lakes, bringing new settlers and cargoes of goods, the certificates came back to headquarters mainly for the purchase of New York drafts, after which they took their usual round again. In 1853 the state of Wisconsin passed a law requiring all banks to deposit security with the state comptroller for their circulating notes. As this kind of bank- Retirement in & ^^ not su ^ Smith, he sold his interest in the Wisconsin Marine and Fire Insurance Company and established at Chicago an institution called the Bank of America. He then bought two banks in Georgia, the notes of which he paid out at the Bank of America by discounting commercial paper. These notes he redeemed by giving drafts on New York for them at f per cent premium. This was a strictly legal operation and a profitable one. The people had confidence in Smith, and the business prospered until the approach of the Civil War admonished him to abandon his connection with Georgia. He then retired to his native land and, when he died in London in the year 1900, he left one of the most colossal fortunes in the United Kingdom. The Wisconsin Marine and Fire Insurance Com- pany became a free bank under the state law of 1853, and is now a national bank. The state of Louisiana in 1842 passed a general banking law which was fit to be a model for other states. Its princi- pal features were : (i) the specie reserve was to 4 SOME NOTABLE BANKS 343 to one-third of all liabilities to the publjiL^z) the other two-thirds of the liabilities were to be represented by com- mercial paper having not more than ninety days to run ; (3) all commercial paper to be paid at maturity, and if not paid, or if an extension were asked for, the account of the party to be closed and his name sent to the other banks as a delinquent ; (4) all banks to be examined by a board of state officers quarterly or oftener ; (5) bank directors to be individually liable for all loans or investments made in violation of the law, unless they could show that they had voted against the same, if present ; (6) no bank to have less than fifty share- holders, having at least thirty shares each ; (7) any director going out of the state for more than thirty days, or absenting himself from five successive meetings of the board, to be deemed to have resigned and this vacancy to be filled at once ; (8) no bank to pay out any notes but its own ; (9) all banks to pay their balances to each other in specie every Saturday, under penalty of being immediately put in liquida- tion. This was the first law passed by any state requiring a definite percentage of specie reserve against deposits, and the proportion was larger than is now considered necessary. Under this law Louisiana became in 1860 the fourth state of the Union in point of banking capital and the second in point of specie holdings. It is a matter of history that the Louisiana Bank Act of 1842 was strictly and intelligently enforced until the city of New Orleans was captured during the Civil War, twenty years later. The State Bank of Ohio (established in 1845), like tne State Bank of Indiana, was composed of branch banks under a central board of control. The law of 1845 provided that any number of banks not less than seven, then existing or to be organized thereafter, might become branches of the State Bank of Ohio. It started with a capital of $3,300,000. 344 BANKING Note issuing was to be proportioned to capital, in the fol- lowing manner : any branch might issue $200,000 of notes for the first $100,000 of capital, $150,000 for the second $100,000 of capital, and so on. In this way a bank of $500,000 capital might issue $650,000 of notes. Each branch was required to deposit with the board of control 10 per cent of the amount of its circulating notes, either in specie or in bonds of the state of Ohio or of the United States, as a safety fund for the protection of the holders of notes of all the branches. The board of control might invest any money belonging to the safety fund in the bonds of Ohio or of the United States, or in mortgage on real estate in the county where the branch was situated, worth double the amount of the loan, exclusive of buildings or other destructible property. The interest on the invested fund was paid to the branch making the deposit. Each branch was liable for the circu- lating notes, but not for the general debts, of the other branches. In case of the failure of any branch to redeem its notes, the board of control was to make an assessment pro rata on the other branches and reimburse them as soon as the assets in the safety fund could be disposed of ; and then the safety fund was to be reimbursed out of the assets of the failed branch before any other creditors were paid. The State Bank of Ohio had thirty-six branches and was highly successful. Its charter expired in 1866. RECAPITULATION In the State Bank of Indiana (1834-66) we observe in a primitive community the working of sound rules of banking under good administration. One-half of this bank was owned by the state and the other half by private citizens. It consisted of: (i) a president and a central board of directors, whose powers were those of general supervision SOME NOTABLE BANKS 345 and regulation only; and (2) a number of banks in different parts of the state, termed branches of the state bank. The members of the central board had nothing to do with the investment of funds ; consequently they were not exposed to the temptation of making loans to themselves or to favorites, in contravention of good business principles. The capital and profits of each branch belonged to its own shareholders exclusively, but each branch was liable for the debts of every other branch. The branches thus had a motive for keeping a watch upon each other. In case of the insolvency of a branch by reason of fraud in the management, the directors of that branch were personally liable for the debts. This rule was prescribed in order to insure vigilance on the part of the directors in keeping watch upon the administrative officers. The central board was required to examine the affairs of each branch in detail, at least twice each year. These examina- tions were made without previous notice and with the utmost thoroughness, usually by the president in person. Each branch was allowed to have circulating notes outstanding equal to twice its capital ; but the notes were issued to them only by the central board, and, as the central board could not issue any notes to the public, the danger of overissues was practically nil. The bank was very successful ; for no branch ever became insolvent and it maintained specie payments during the financial crisis of 1857. The state of Indiana reaped a large pecuniary profit from it. The Wisconsin Marine and Fire Insurance Company was chartered by the territorial legislature of Wisconsin in 1839, at the instance of a Scotchman named George Smith, who became its president. Under the terms of the charter he established a bank, although banking privileges had been excluded from the powers granted to the incorporators. The company issued certificates of deposit in the similitude of bank notes, and by prudent management secured for them 346 BANKING a general credit and acceptance in all the states and terri- tories north and west of Indiana. The company became the most important financial institution in that region and for a long time was the only one whose notes enjoyed a general circulation there. The illegal character of the business transacted by the company attracted the attention of the territorial legislature, which, in 1845, repealed its charter, but did not direct the Attorney-General to bring suit against it for forfeiture. It accordingly continued its business without interruption and its circulation eventually reached nearly $1,500,000. Its notes were always redeemed in specie at its head office in Milwaukee and in drafts on New York, at the current rate of exchange, at its agencies in Chicago, St. Louis, Galena, Detroit and Buffalo. Notwithstanding the taint of illegality, its career was honorable and useful to the commu- nity, as well as the source of large profits to its founders. The Wisconsin Marine and Fire Insurance Company's Bank still exists at the place of its birth. The banks of Louisiana, established under a law of that state passed in 1842, were among the soundest institutions in the country or in the world. Their strength was due to the excellent rules enacted for their guidance and to the strict enforcement of the same by public officials, who were required to examine their affairs at least once every three months. This law was the first one enacted in America requiring banks to keep a cash reserve in a definite propor- tion to their deposits and circulation. The State Bank of Ohio (1845-66) was composed of a central board of control, similar to that of the State Bank of Indiana, and of branch banks (eventually thirty-six in num- ber), each of which was liable for the note issues, but not for the general debts, of all the others. Each branch was required to make a deposit with the board of control equal to 10 per cent of its circulation, either in money or in bonds SOME NOTABLE BANKS 347 of the state or of the United States, as a safety fund for the security of the notes of all the branches. Each was entitled to the interest derived from its share of the safety fund. The State Bank of Ohio was always solvent and successful. AUTHORITIES Sumner's History of Banking in the United States. Knox's History of Banking in the United States. Harding's " State Bank of Indiana " (Sound Currency, Vol. V, No. 1 6). Hadden's History of State Banks of Wisconsin. Strong's History of Wisconsin Territory. The Banker's Magazine and Statistical Register, 1 846-66. CHAPTER XIV THE NATIONAL BANK SYSTEM THE national bank act was a product of the Civil War. In 1861 Mr. Chase, the Secretary of the Treasury, conceived the plan of making the bank-note circulation of the country a means of enlarging the sales of government securities. In his report for that year he sug- gested that Congress should take control of the national circulation and require that it be secured by the deposit of government bonds in the Treasury. Among the advantages to be gained, he said, would be uniformity of style, uniformity of goodness, and a large demand for gov- ernment securities. Of these three merits the last was not the most important, although it then seemed so. Uniformity of the currency, in both appearance and quality, was a boon of inestimable value, upon which rests Mr. Chase's title to fame ; yet the expectation that the scheme would be a great financial aid to the government was the real motive for its adoption. In point of fact it contributed very little aid. The transition from the old system to the new was so slow that only $98,896,488 of national bank notes were outstanding on the 3d of April, 1865, the month in which General Lee's army surrendered. This was less than 4 per cent of the money borrowed by the government for the war. The first attempt to pass a national bank bill in the House was defeated on July 12, 1862. In the following Decem- ber the Secretary renewed his recommendation with great 348 THE NATIONAL BANK SYSTEM 349 earnestness, and President Lincoln repeated it in his annual message, notwithstanding which it was defeated again in January, 1863. Recourse was then had to the Senate, where it was passed by the close vote of 23 to 2 1. Then the House yielded and passed the Senate bill without amendment by 78 votes to 64. It became a law on February 25, 1863. Mr. Hugh McCulloch of Indiana, who had come to Washington to oppose it, became the first comptroller of the currency under it. He suggested so many amendments that a complete revision of the act was made by Congress the following year, and passed on June 3, 1864. There was no discriminating tax on the notes of state banks in the original, or in the amended, act. In February, 1865, a bill imposing a tax of 10 per cent on such notes was passed in the House by a majority of one vote and in the Senate by a majority of two. It did not become operative, however, until August i, 1866. The most important features of the national bank act at the present time are the following : There is a bureau in the Treasury Department having charge of all matters relating to national banks, the chief officer of which is the comptroller of the cur- Comptroller. . rency. His term of office is five years. He is required to present to Congress an annual report showing the condition of each national bank and an abstract of the condition of all of them. Any number of persons not less than _five_may form an association for banking purposes, to continue not more than twenty years. After the association is formed it is \vithin the discretion of the comptroller to give it Organization. . a certificate (which is the equivalent of a charter) or not. The law requires that, before granting a certificate, he shall satisfy himself that the persons forming the association are of good character, and that they have ^w< 350 BANKING paid in the amounts of money required for the legitimate objects contemplated by the national bank act. He may ascertain these facts by means of a special commission appointed by him for the purpose, if he chooses ; and if, for any reason, he declines to grant the certificate, he is not required to give his reasons for withholding it. No national bank can be organized with a capital smaller than $25,000, and banks of this size can be organized only in places of three thousand inhabitants or less. Banks with a capital of not less than $50,000 may be organized in places of not exceeding six thousand inhabitants. In places of more than six thousand and less than fifty thousand inhabitants there shall be no bank with a capital smaller than $100.000. In cities of fifty thousand Capital Stock. inhabitants, or more, there shall be no bank with a capital smaller than $200,000. The sanction of the Secretary of the Treasury, in addition to that of the comp- troller of the currency, is required for the granting of a certificate for a bank of less than $100,000 capital, because greater precautions are supposed to be needed in the establishment of the smaller banks than of the larger ones. Yet experience has not proved that the former are more liable to failure than the latter. At least 50 per cent of the capital must be paid in before the bank can begin business, and the remainder must be paid in monthly instalments of not less than 10 per cent each. If any instalments are not so paid, the shares must be adver- tised and sold to other persons. If no purchaser is found within three weeks, the amount already paid must be for- feited to the association. The shares of the bank must be of $100 each. The powers of banks are limited to the discounting and negotiating of promissory notes, drafts, bills of exchange, and other evidences of debt ; receiving deposits ; buying THE NATIONAL BANK SYSTEM 351 and selling exchange, coin, and bullion ; loaning money on personal security ; 1 and issuing circulating notes. They are not allowed to hold real estate permanently Powers. except such as may be necessary for the trans- action of their business. If they acquire other real estate as security for bad debts, they must sell it within five years. If a bank were allowed to hold, for indefinite periods, lands and buildings thus acquired, its whole capital might gradually be absorbed in that way, and thus, although solvent, it might cease to be a bank. Each bank, before commencing business, must deposit with the Treasurer of the United States a certain amount of registered bonds of the United States, whether it issues cir- culating notes or not.. If the capital of the bank exceeds $150,000 it must deposit at least $50,000 of bonds. If the capital is $150,000 or less, it must deposit an amount equal to one-fourth of its capital. The act of 1864 required all banks to deposit bonds to the amount of one- Deposit of Bonds. ,.,,,. . , ,, . , third of their capital. The mam purpose of the clause was to sell bonds in the exigency of war. After the exigency had passed away the clause was modified so that a bank of $10,000,000 capital is not required to deposit more than one of $200,000. No good reason now exists why 1 The act of 1863 authorized banks to make loans " on real and per- sonal security." In the act of 1864 the words "real and" were omitted. It is therefore unlawful for a national bank to lend money on mortgage security but it may, in order to save a bad debt, take such security for loans previously made in good faith. The prohibition of mortgage loans as a feature of banking law is first found, on this side of the ocean, in the charter of the Bank of Montreal, dated March 17, 1821, where it stands in these words as one of the powers granted : " To take and hold mortgages and hypotheques on real property for debts con- tracted to it in the ordinary course of its dealings, but on no account to lend on land, mortgage, or hypotheque, nor to purchase them on any pre- text except as here permitted." BRECKENKIDGE'S Canadian Banking System, p. 24. io 352 BANKING a bank without circulation should keep any permanent deposit of bonds in the Treasury. The business of a bank must be managed by a board of not less than five directors, each of whom must own not less than ten shares of the capital stock not Directors. hypothecated or pledged as security for debt. If any director shall cease to be the owner of ten shares, he shall thereby cease to be a director. Vacancies in the board of directors shall be filled by appointment made by the remaining directors. State banks may enter the national system by conforming to the provisions of the national bank act, and any state bank having branches may continue to have the same branches after entering the national system. The shareholders of a national bank shall be held indi- vidually responsible for all the debts of the bank, to an amount equal to the par value of their shares, Shareholders ^ n addition to the amount invested therein. An exception was made in favor of any bank " now existing under state laws having not less than $5,000,000 of capital actually paid in and a surplus of 20 per cent on hand." There was only one such bank existing when the law was passed, the Bank of Commerce in New York, the shareholders of which are accordingly exempt from the double liability clause. Each bank shall be entitled to receive from the comp- troller of the currency an amount of circulating notes equal to the par value of the bonds deposited by it, kut not exceeding the market value thereof, and not exceeding its capital stock actually paid in. Whenever the market value of the bonds deposited is reduced below the amount of the circulation, the comp- troller may demand the deposit of additional bonds, or of money, equal to the deficiency. Bonds may be withdrawn THE NATIONAL BANK SYSTEM 353 by banks by retiring their circulating notes or by depositing lawful money to an equal amount in the Treasury. Only $9,000,000 in the aggregate can be thus retired in one month, nor can the amount of bonds deposited be reduced below the limitations above stated. The notes are receiv- able at par for all dues to the United States except duties on imports, and are payable for all debts owing by the United States within the United States, except for interest on the pub- lic debt and for redemption of the national currency. Every bank must receive the notes of every other bank at par in payment of any debt due to itself. No notes shall be issued of less denomination than $5.00, and only one-third of the amount issued to any bank shall be of the denomination of $5.00. Each bank must redeem its circulating notes on demand at its own counter. It must also Sin* RedemP ~ have and kee P on de P sit in the Treasury of the United States, in lawful money, a sum equal to 5 per cent of its circulation, to be held for the redemption of such circulation when presented in sums of $1000 or any multiple thereof. The cost of transportation and of assorting the notes must be paid by the bank issuing the same. All defaced and mutilated notes received at the Treasury shall be replaced by new ones at the expense of the issuing bank. Any bank depositing lawful money in the Treasury for retiring its circulation shall pay in advance for transporting and redeeming the same a sum equal to the Circulation. average cost of the redemption of national bank notes for the preceding year. At the expiration of the charter of any bank all of its outstanding notes shall be redeemed as they reach the Treasury ; and if the charter is renewed, new notes of different design and corresponding amount shall be issued to the bank. At the end of three years from the expiration of the old charter the 354 BANKING bank shall deposit in the Treasury lawful money sufficient to redeem the old circulation still outstanding. Any gain resulting from the loss, destruction or disappearance of notes shall inure to the benefit of the United States. 1 No bank can issue post notes or any notes to circulate as money except as authorized by the national bank act. In case of default by any bank in the redemption of its circulating notes, the comptroller must declare the security bonds forfeited to the United States and Redemption of g i ve no tice to the holders of the notes to Failed Bank Notes, present them at the Treasury for payment, " and the same shall be paid as presented, in the lawful money of the United States." Then the comp- troller may in his discretion cancel the bonds to an equiva- lent sum, or sell at public or private sale so much of them as may be necessary. In case of a deficiency in the pro- ceeds of all the bonds to reimburse the government for the redemption of the notes, the United States shall have a paramount lien on all the assets of the bank (which includes the liability of shareholders), and the deficiency must be made good before any other debts are paid. When the notes are paid, they must be canceled. Uch bank must pay to the Treasurer of the United s a tax of one-fourth of i per cent each half year on the average amount of its notes in circulation Tax on Cucu- w hen said notes are secured by the deposit of lation. bonds of the United States bearing interest at 2 per cent per annum. When secured by bonds bearing 1 The gain resulting to the government after the expiration of the first series of twenty-year charters and until November i, 1901, from the , non-presentation of bank notes for redemption has been $2,975,250. The amount of notes outstanding during the period fluctuated between $100,000,000 in 1865 and $340,000,000 in 1875. The rate of destruc- tion and loss of notes in the hands of the people may be roughly esti- mated at i per cent in twenty years. THE NATIONAL BANK SYSTEM 355 a higher rate of interest, the tax is one-half of i per cent each half year. The tax does not apply to circulation, for the retirement of which lawful money has been deposited in the Treasury. All notes used for circulation as money other than those issued under these conditions by national banks are subject to a tax of 10 per cent, to be paid by the person, firm, asso- ciation, corporation, state bank, town, city, or municipal corporation which issues or pays them out. Every bank in certain cities of 500,000 or more inhabit- ants, called reserve cities, must keep a reserve of lawful money equal to 25 per cent of its deposits. All other banks must keep a like reserve of 15 per cent, but three-fifths of the said 15 per cent may consist of balances on deposit in banks approved by the comptroller, in the Legal Reserve. reserve cities. Any bank in the reserve cities may keep one-half of its reserve as deposits in a " central reserve city," i.e., New York, Chicago, or St. Louis. Both gold certificates and silver certificates shall be counted as part of the reserve. The 5 per cent redemption fund on deposit with the Treasurer of the United States shall also be counted as part of the reserve. Failure to keep the legal reserve is followed first by notice from the comptroller to make good the reserve within thirty days. In case of fail- ure to do so, the comptroller may, with the concurrence of the Secretary of the Treasury, put the bank in liquidation. This clause is rather for warning than for immediate enforcement. No bank would be excused for stopping pay- ment of its deposits when it still had 25 per cent of the same in cash. Whether severe measures should be taken, in case the reserve were below the legal limit, would depend upon the general character of the bank and the nature of its assets. Banks when below their legal reserve are not allowed to increase their liabilities by making new loans or 356 BANKING discounts otherwise than by purchasing bills of exchange payable at sight, or to make any dividend of profits until their. reserve has been restored. ^X*Banks are allowed to charge such rates of interest on loans as are allowed by the law of the state in which they are situated, and no more, but in discounting bills of exchange on other places they may charge the current rate of exchange in addition. One-tenth of the net profits must be carried to the surplus fund of each bank until the surplus is equal to 20 per cent of the capital. A bank must not lend more than one-tenth of its capital to one person, corporation, or firm, directly or indirectly. But the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commer- cial or business paper actually owned by the Restrictions. . . , ' person negotiating the same, shall not be con- sidered as money borrowed. A bank must not lend money on the security of its own shares, nor be the purchaser or holder of its own shares unless they are taken as security for a debt previously contracted in good faith, and shares so taken must be sold within six months. No bank can become indebted to an amount exceeding its unimpaired capital except for circulating notes, deposits, drafts drawn against its own funds, and dividends due to its own shareholders. No bank can permit any part of its cap- ital to be withdrawn in the form of dividends or otherwise. If the capital is impaired by bad debts or otherwise, the deficiency must be made good within three months after receiving a requisition from the comptroller, under penalty of being put in liquidation. No bank can certify a check for a customer for more money than he has on deposit at the time. Each bank must make to the comptroller not less than five reports each year, showing its condition at dates, already THE NATIONAL BANK SYSTEM 357 past, to be designated by him, and he may call for special reports from any particular bank whenever he chooses to do so, which reports shall be published in a Reports. . i i newspaper in the place where the bank is situated, and at the expense of said bank. The shares of national banks are liable to taxation by authority of the states in which they are situated, at the same rates as other moneyed capital owned State Taxation. . . by the citizens of such states, but the shares of any national bank owned by non-residents of a state shall be taxed in the city or town where the bank is located and not elsewhere. The comptroller of the currency, with the approval of the Secretary of the Treasury, shall appoint suitable persons to make examinations of the affairs of every Bank Examiners. bank and to make full and detailed reports thereon to the comptroller. The fees allowed by law to the examiners shall be paid by the banks examined. In case of the insolvency of a national bank the comp- troller of the currency may appoint a receiver, who shall take possession of its books, records, and assets and proceed to wind up its affairs and enforce the personal liability of the shareholders. A receiver may be appointed Receivers. . . also in case the capital stock of a bank is reduced below the legal minimum and remains so for thirty days ; also for failure to make good its lawful money reserve within thirty days after notice ; also for purchasing or acquir- ing its own stock except to prevent loss upon a debt previ- ously contracted in good faith ; also for the false certification of a check. No bank can either give or receive national bank notes or United States notes, or gold certificates, or silver certificates as security for a loan of money, or agree for a consideration to withhold such notes or certificates from use. 358 BANKING It is not lawful for any person to design, engrave, print, or use any handbill or advertisement in the likeness or sim- ilitude of the circulating notes or other obligations of any national bank, or intentionally mutilate, deface, or disfigure any such notes or obligations. The penalty of fine and imprisonment is imposed for counterfeiting bank notes or knowingly passing or attempt- ing to pass counterfeited notes; also for issuing the circu- lating notes of banks that have expired; also for falsely certifying checks; also for embezzling the funds of banks or putting the notes of a bank in circulation without author- ity from the directors ; also for making a false entry in the books or reports of a bank with fraudulent intent, or aiding or abetting the same. Any national bank may be designated by the Secretary of the Treasury as a depositary of public money. A certain number have been so designated, in places where no sub- treasury exists, for the convenience of the Public Deposits. . government in making local disbursements. These are called regular depositaries, and the deposits of the government therein are running accounts like those of private persons, upon which no interest is paid. Deposits made in banks for the purpose of restoring funds to the money market are termed special deposits, for the with- drawal of which notice is given in advance, and upon these the act of May 30, 1908, provides that interest shall be paid at such rate as the Secretary of the Treasury may prescribe, not less than i per cent per annum. On August 22, 1907, the number of national banks exist- ing was 6542^ The table on the following page is a con- densed abstract of their condition at that time as shown in the comptroller's annual report : 1 October 31, 1907, the number of banks was 6650, and the capital #959.786,314. THE NATIONAL DANK SYSTEM 359 i! 8 8vo 00 M vo VO IO M ON O CO ro vO vO N {^ vo o OV vo O eg Ti- r-i * M ro O O ON so i - ^^ CO N VO ri O ""> vO O ON 1^ vo ri 8 00 s o ro \o ~ Tf Tf ro t^ vo vo sC u Tt ON 00 fsl vo Tf ro Tf O >o ro O OV vo Tf ro ON O ri vo OO "1 ITvg * X :- r, ON 1^- ro N oo N ro VO ON OO vo Tf 00 i- ON Tf 1-1 zr Tf N VO ~ OO 1^ ro ro J^ RN CO ^ 00 ro CO l h 2 o S3 a . . e . V - to o g in *"* 12 t>0 , en _d '3 P. CJ O en en O 3 73 Vw CU notes outstandi idual deposits d States deposi sits of disbursin rediscounted . payable . '-Z . c 5 o other nationa o state banks o reserve agent o trust compan en _cu 3 rS |H CU J= 'o H - *s ** S o ^ fi, &* *"^ "r- 1 "~, .- D. en en *c u 0) cu cu rt U rt = C CU t> c a s s 9 o 3 3 Q Q 3 - O ro r^ vo 00 00 Q _ O ro vo o ON vo O O -* HH vo ON ;j q r>. O Tf N 00 CO O O ON ^j- \^) VO CO rf, DC CI ON vn N VO ON ON 10 r-i VO i-i 35 CO t^ O ON i-* Tf i- CO Tf VO oo rf f> IO ro ro i-^ CO Tj- VO M ON j^. (r vO vo vo ON 00 00 Tf ON ON VO Tf VO ON Ov v"^ - O CS1 Tf M vo CO ro t^ ^s. NO *H vo ro OO CO 00 ro vo CO VO Tf M VO 8 VO O r^ r^. N Tf gv VO VO 1-1 N ro I-I CO a C ( O * 1 H 3 73 ^-) ^ O en cu 3 Id cu cu CJ 3 .tS en u cu 3 "- O CU O PH K O en CO fe 1 i ^ Q 360 BANKING RECAPITULATION The national banking system was born of the financial exigencies of the Civil War. Its plan was outlined by Secretary Chase in 1861, and was recommended by him to Congress as a means of promoting the sale of govern- ment bonds, and incidentally of securing uniformity of design and uniformity of value in the national currency. The sale of government bonds was to be promoted by requiring that all national bank notes be secured by the deposit of such bonds in the Treasury. Congress did not, however, approve of the plan when first presented. The bill to carry it into effect was twice rejected by the House of Representatives, but was passed by both houses in Febru- ary, 1863, and revised and repassed in June, 1864. In 1865 an act was passed imposing a tax of 10 per cent on the notes of state banks. The intention and effect of this act were to compel such banks either to come into the national system or to cease issuing notes to circulate as money. The regulations of banking adopted in the act of 1864 were selected from state bank systems then or previously in existence. Most of these regulations can be found in the preceding pages of this work. The supreme merit of the national system consists in the unification of banking in all the states and territories. Aside from this, the only new ideas embodied in the law were the government's immediate responsibility for the note issues and the requirement that each bank should receive the notes of every other bank at par in the payment of dues to itself. The government's immediate responsibility for the notes, however, is merely a corollary of the requirement that all notes shall be secured by United States bonds deposited in the Treasury. CHAPTER XV STATE BANKS AND TRUST COMPANIES ALONGSIDE of the 6500 national banks, and competing with them, are 9967 commercial banks operating under state charters, with an aggregate capital of $471,663,037 and deposits amounting to $3, 068,649, 860. The State Banks. , . . , ,. , , , , general principles applicable to the former apply also to the latter, but there are differences of detail : (i) state banks are prevented, by the 10 per cent federal tax, from issuing circulating notes ; (2) national banks are required by law to keep a cash reserve of 25 or 15 per cent, as already specified, while the reserve requirements of the several states are various, but usually smaller than those of the national law ; (3) no national bank can exist with a smaller capital than $25,000, but some states allow banks of $5000 capital, while in ten states there is no minimum of capital fixed by law; 1 (4) national banks are not permitted to make loans on real estate security ; there is no such re- striction on state banks, but in some states the amount loan- able on mortgage is limited to a certain proportion of the capital ; (5) national banks are subject to examination and supervision by the comptroller of the currency. State super- vision of incorporated banks is of various kinds. In some states regular examinations are made by public officers ; in others they are made only at the instance of stockholders or creditors of particular banks ; in others the only require- ment is a report from the bank's officers to be published in the newspapers. 1 Barnett's State Banking in the United States, p. 26. 361 362 BANKING These differences in law and practice account for the existence of the two kinds of banks running on parallel lines throughout the country. 1 Some of the state banks are incor- porated under special charters of ancient date. Of this kind is the Manhattan Company of New York. Others have been organized under general banking laws, and still others under general incorporation laws of their states. In addition to these are many private banking houses not incorporated, which transact the business of deposit and dis- count. Some of these in the large cities are Private Banks. , , of great magnitude, but do not usually dis- count commercial paper, although they receive deposits. They are financial houses engaged in promoting new enter- prises, issuing letters of credit, selling bonds of railroads and other corporations, making loans to state and city gov- ernments, etc. The rapid growth of private banking in recent years, however, has been chiefly in the western and southern and Pacific states, in communities not large enough to sup- port incorporated banks. In some states private bankers are subjected to the same supervision as incorporated banks, but usually they are a law unto themselves, and this laxity has led to disastrous consequences in certain places and especially in New York City, where foreign immigrants have been defrauded by men of their own nationality, setting themselves up as bankers, accumulating deposits, and even- tually absconding with the proceeds. 1 In the starting of towns in the West a bank is one of the first adornments of the new community, and it commonly happens that the organizers have less than $25,000 with which to begin operations. So they start a state bank, knowing that they can obtain a national charter at a later period, if they desire it. A recent writer says that in some cases two or three banks are started before the town is a month old all being state banks. Generally the managers combine the banking business with real estate agencies, fire insurance, life insurance, and farm mortgages. STATE BANKS AND TRUST COMPANIES 363 The question has been raised in recent discussions whether the cash reserves of state banks may consist in whole or in part of national bank notes, and what would be the conse- quences of so using them. The answer is that bank notes are not cash, and that any bank which treats Cash Reserves. . . them as such incurs the risk of being caught, in some financial exigency, without sufficient lawful money to meet its demand obligations. As a state bank cannot ordinarily acquire national bank notes for less value than an equal amount of gold or greenbacks, there seems to be no good reason for incurring that risk. The national banking law does not concern itself with the reserves of state banks, but it prohibits any national bank from pledging, or hypoth- ecating, its circulating notes for the purpose of procuring money to be used in its banking operations, or otherwise. Therefore any arrangement made between a national bank and a state bank to swap temporarily the notes of the one for the gold of the other would be unlawful. A trust company, as its name implies, is a corporation organized to receive and perform trusts for a compensation fixed by law, or agreed upon by the parties to the trust. One of the most common forms of trust is that of Trust Companies. railway mortgages, where the trust company becomes the mortgagee in trust for the bondholders, registers the bonds, collects the interest as it becomes due, pays it to the bondholders, and in case of default takes legal steps to protect their interests. But in the progress of time the trust companies drifted into the banking business, buying com- mercial paper, lending on collaterals, etc., so that in the large cities the trust business became an insignificant part of their total business, perhaps not more than 5 or 6 per cent of the whole. Thus they have become important rivals of the national banks in the principal cities of the Union. Seven hundred and four trust companies reporting to the 364 BANKING comptroller of the currency in 1907 show a capital of $276,- 146,081, and deposits amounting to $2,061,623,035. In the year 1905 the thirty-three trust companies of New York City held $1,008,000,000 of deposits, while the national banks in the same territory held only $947,000,000, and a portion of the latter consisted of deposits made by and belonging to the former. The bulk of the reserves of the trust companies was kept as deposits in the banks, for which deposits they received a low rate of interest. They were thus enabled to pay interest to individual depositors, which the banks did not do, and in this way they attracted deposits which would otherwise have gone to the banks. Thus there was an ever present temptation to incur demand liabilities resting upon inadequate cash reserves, and this constituted an element of danger in the financial situation, upon which public attention was at once focused when the first symptoms of panic were shown in October, 1907. The inherent danger of the trust company aiming to do a trust business and a banking business simultaneously was shown by the sudden failure of the Knickerbocker Trust Company, which had 17,000 demand deposit accounts. This failure started the panic in New York, for which there was plenty of inflammable material. The demonstration of the weakness of trust-company banking made so great an im- pression on the public mind that Governor Hughes appointed a commission, with A. B. Hepburn, ex-comptroller of the currency, at its head, to investigate and report upon the subject, with a view to remedial legislation. In pursuance of the report of this commission the Legisla- ture passed a law requiring trust companies in the borough of Manhattan, New York City, to keep a cash reserve of 15 per cent against all deposits payable on demand, or at less than thirty days' notice, except such as are secured by New York state bonds. STATE BANKS AND TRUST COMPANIES 365 This reserve must consist of lawful money of the United States, gold certificates, silver certificates, or national bank notes. Trust companies in other boroughs of New York City may keep one-third of their reserves as deposits in other banking institutions approved by the superintendent of banks. Trust companies in other parts of the state may keep one-half of their reserves as deposits in other banking institutions so approved. Accordingly there is no legal requirement of any cash reserve at all in any trust company in New York, since the reserve may consist of bank notes, or New York state bonds, or partly of one and partly of the other. The same rule applies to state banks, except that those in the borough of Manhattan must keep 25 per cent of reserves ; in other boroughs of New York City, 20 per cent, and elsewhere 15 per cent. This condition is not so menacing as it appears, when we reflect that the enactment of a minimum cash reserve is the exception and not the rule in the bank legislation of the world. It must be considered indiscreet, however, for if it is desirable to regulate cash reserves by law they should at least consist of cash. National bank notes, which are the debts of certain banks, are in turn bottomed on the debts of the government. Thus the legal reserves of New York trust companies are two removes distant from cash, and the only reason for allowing this practice is that it saves the trouble of sorting and separating the cur- . rency that comes in as deposits. But it checks the wholesome process of bank-note redemption. The trust companies cannot obtain national bank notes for less than one hundred cents per dollar, gold value. Therefore they might have gold if they would take the necessary pains to get it. Eighteen states of the Union require no cash reserve at all for their banking institutions. They leave this to the discre- tion of the bankers themselves, as is the custom in nearly all 366 BANKING countries. Of the states that fix a minimum reserve some require that it shall consist of "lawful money"; others, "lawful money of the United States"; others, "money," "cash," "actual cash," "cash in hand," and Cash Reserves. "available funds." Five states (California, Connecticut, Minnesota, New York, and Pennsylvania) specify national bank notes as lawful reserves. Several states allow a portion of the reserves to consist of bonds of the state itself, or of the United States. 1 If state banks and trust companies may use national bank notes as cash reserves, why may not such notes be manu- factured expressly for such use ? This question has been brought forward by testimony given before the House Com- mittee on Banking and Currency. 2 There are two obstacles to the process. One is that the national banking law forbids national banks to pledge or hypothecate their notes for S ld for an y P^pose. The other is that as the profit on circulation at the present time is only 0.95 per cent, there would be less than one per cent profit to be divided between the bank manufactur- ing the circulation and the one receiving it as reserve money. This is not sufficient to warrant the transaction. 1 This is a misuse of terms, since a bank reserve signifies some- thing which can be immediately used to pay the demand obligations of the bank. Whole days have passed in New York during panics, when no bid could be obtained for any kind of bonds, even those of the United States. Therefore a law authorizing a given percentage of bank reserves, to be held in any securities whatever, is a reduction of the reserve itself by that percentage, and ought to be so expressed in the law. 2 " Last fall all the banks in Chicago increased their circulation very largely, and all through the country they did the same thing. We increased our circulation $3,000,000, and I am free to say that I used as much of it as I could, selling it to state banks, iniquitous as the system is ; and we should not be permitted to do it, and the state STATE BANKS AND TRUST COMPANIES 367 The instance cited by Mr. Forgan was an unusual one, occurring in the midst of a panic, where considerations of profit did not enter into the case. The question whether inflation would be the result of such a practice, if it were allowed, is raised by Mr. Forgan's testi- mony, but it is not apparent where that evil is to be found. The state bank, or trust company, whose gold he received in exchange for his bank notes, is in the same Is it Inflation ? , . position as before, as regards its ability to dis- count commercial paper. Mr. Forgan's bank is in a better position by $2,000,000 than it was before. It can discount commercial paper to whatever extent this addition to its reserves will warrant. But if the paper so discounted is sound, the act of discounting it is not inflation. His bank has merely taken a call loan from the other bank. RECAPITULATION State banks exist and transact business in competition with national banks in all parts of the country, but are pre- vented by the federal tax from issuing circulating notes. The cash reserves of state banks are usually a smaller per- centage of their deposit liabilities than those of national banks should not take it. It is a bolstering up, a most unwarranted expansion of credits, because it is basing credits on a false reserve. Bank notes are promises to pay, and they cannot be reserves for state banks or anybody else without a most unwarranted expansion; but expansion at the time was what we wanted, and I am free to say that I exchanged a couple of millions of them for gold as soon as I could lay my hands on them, because when you get in a corner you have to do anything you can to scramble out, and we were scrambling, because we did not have the proper facilities to come out coolly and collectedly as bankers do in other countries, and we had to do every- thing we could and take the chance of breaking the law." Testimony of James B. Forgan, President of the First National Bank of Chicago, before the House Committee on Banking and Currency, April 15, 1908. 368 BANKING banks. Some of them are allowed to use the bonds of the state in which they are incorporated, or those of the United States, or both, as a part of their cash reserves. The use of bonds for that purpose is equivalent to a reduction of the reserve itself, since bonds are not cash. Trust companies, incorporated under state laws, exist and transact business in competition with both state banks and national banks. Originally designed to administer trusts, such as decedent estates, guardianships, mortgages, etc., of which the liabilities are payable at fixed periods, they have gradually entered the field of banking and incurred large demand liabilities for individual deposits, for which they allow interest, and which they redeposit in national banks. With the money thus attracted from depositors they make loans on collateral security, buy commercial paper, and transact a general banking business ; and for their unused balances receive interest from the regular banks. In other words, they receive interest on their cash reserves, keeping no cash in their own vaults except a small amount of till money. Thus they have a manifest advantage over the banks and have grown enormously in recent years at the expense of the banks, but at the risk of disaster to themselves and to the community. To correct this growing menace legislation has been lately invoked and laws have been enacted (in New York) requiring trust companies to keep a fixed percentage of cash reserve in their own vaults. Banks in some cities, where the competition of trust com- panies has been severe, have organized, under state laws, trust companies composed of their own shareholders, as an annex to their own business, but separately managed and officered, and in these annexes they pay interest on deposits and safeguard the business which might otherwise be taken from them. CHAPTER FOREIGN BANKING SYSTEMS THE BANK OF ENGLAND IN order to obtain money to carry on a war in which the fate of the dynasty and of the Protestant religion was sup- posed to be involved, Parliament in 1694 passed an act creating a corporation for ten years, to be Bank of England. ' called the Governor and Company of the Bank of England. On condition that the said corporation should lend to the government at once the sum of ,1,200,- ooo the' government was to pay 8 per cent interest, plus ^4000 per year for expenses, - a rate much less than the treasury had been accustomed to pay. The bank was empowered by its charter to deal in bills of exchange, to buy or sell coin and bullion, to lend money on the security of goods, wares, and merchandise, and to sell such goods if the loan was not repaid. It was not permitted to incur debt exceeding ,1,200,000 or to deal in goods, wares, or merchandise except as above stated. The subscription to the capital was completed within ten days after the books were opened, and with the money thus obtained the war was brought to a successful termination. The scheme was well conceived ; for it established a credit by means of which the wealth of the commu- nit 7 could be mobilized for the use of the army. The bank advanced its capital to the government, but recovered it presently by issuing an equal amount of its own notes, which the public accepted at par 3 6 9 37O BANKING because they had confidence in the bank. The notes of the bank were to pass by indorsement, were payable at such times as the bank might determine, and were not legal tender. An amendment to the charter passed in 1697, pro- viding for an increase of the capital stock by .1,001,171, authorized the issue of notes to the same amount, payable to bearer on demand, and required that they should have a mark to distinguish them from the earlier issue. The first notes issued were post notes drawing interest. The next batch (those of 1697) were demand notes drawing no inter- est. The people accepted them at par, and the bank again loaned an equivalent amount of specie to the treasury. In 1709 Parliament granted a quasi monopoly to the bank by a provision that no other corporation and no private partnership composed of more than six persons should exercise the right of issuing circulating notes " in that part of Great Britain called Eng- land." This was reenacted in 1742, with the added provision that the said Governor and Company of the Bank of England were thereby " declared to be and remain a corporation with the privilege of exclusive banking as before recited" The terms used show that in common acceptation the word " banking " was inseparable from the issue of circulating notes ; and, in fact, for more than a hundred years everybody understood that this was a pro- hibition against deposit banking, as well as against note issues, by stock companies. The charter was renewed from time to time, on varying conditions, usually on the condition of fresh loans to the government or a reduction of the rate of inter- The Restriction. est on former ones. It passed through many vicissitudes, the most important of which was the suspen- sion of specie payments for a period of twenty-four years, from 1797 to 1821. This suspension of cash payments FOREIGN BANKING SYSTEMS 371 is commonly called the "Jtenkjrf England Restriction,," because the bank was restricted, first by the Privy Council, and afterwards by Parliament, from paying specie for its obligations. The suspension was not due to commercial causes but to the large subsidies advanced by the bank, and paid by the government to continental powers, for carrying on the war against revolutionary France. Until Jt82Q bank notes of the denomination of i were in common use in all parts of the United Kingdom. In consequence of the panic of 1825, which was attributed to excessive issues of bank notes, an act was passed, and is still in force, prohibiting the issue of notes in England smaller than ^5. It did not apply to Scotland or Ireland. The intention and effect of this act were to saturate the currency with a larger infusion of gold. This gave greater stability to commerce but also entailed loss resulting from the abrasion of coin, which has been and is still a source of anxiety to English statesmen and financiers. 1 In 1833 Parliament passed an act making the notes of the Bank of England, so long as they are redeemed in gold on demand, legal tender at all places in England and Wales except at the bank itself. Not until the year 1844 was any novelty introduced into the bank's methods of business. At that time the opinion prevailed generally that commercial crises were caused by excessive issues of bank notes. The exclusive right of issue granted to the bank in 1709 and 1742 had Sir Robert Peel. been so far relaxed in 1826 that joint stock banks were allowed to issue notes at a distance of sixty-five miles from London ; and seventy-two such banks had been established. England had beep afflicted with commercial crises in 1825, 1836, and 1839. These were ascribed to over- issues of bank paper. Sir Robert Peel, the prime minister, 1 See page 24. 3/2 BANKING was of the opinion that bank notes ought to be kept under rigid limitations, although book credits in the form of deposits might be safely left to the discretion of the banker. At his instance the charter of the bank (which was about expiring) was amended in the following manner : The issue department was to be wholly separate from the banking department. The sum of ,14,000,000 of securities, includ- ing the government's debt to the bank, was to be transferred to the issue department, which should there- The Act of 1844.. . . . upon turn over to the banking department .14,000,000 of notes. This was the average amount of the bank's notes then outstanding. Any person should be entitled to receive notes from the issue department addi- tional to the aforesaid sum, in exchange for gold coin or for standard gold bullion at the rate of 5 17-$-. 9^. per ounce. Banks and banking firms having the right to issue notes at that time might continue to issue the same average amount; but if any should cease to do so, the Bank of England might be authorized by the Privy Council to issue two-thirds of the amount so withdrawn, by adding an equivalent sum to the government securities in the issue department. Under the operation of this clause the circulation of the bank against securities has been raised to .18,450,450. The effect of the act of 1844 was to make the issue of notes automatic. Nobody has any discretion as to the amount of notes which shall be in existence at any time. Setting aside the fixed sum issued against securities, the remainder of the circulation is just what it would be if it were composed of gold exclusively. The additional notes represent merely the superior convenience of paper over coin in the way of manipulation and carriage. The bank itself cannot get notes on terms different from those open to the public. To get fresh supplies it must take gold out of the banking department and transfer it to the FOREIGN BANKING SYSTEMS 373 issue department, and to recover the gold it must reverse the process. The restriction put upon the credit circulation in England in 1844 was coincident with a great increase of deposit banking, and it produced no immediate pinch. As popu- lation and trade enlarged, more media of exchange were needed. These came partly in the form of gold and of notes issued for gold, but chiefly in the form of bank checks. As the latter were the creation of trade, they were always commensurate with the wants of trade among urban populations and in places where banking facilities existed. It was an advantage also that they were available in sums smaller than ^5. So Peel's Act gave general satisfaction. Yet it has been the object of attack by some of the foremost English econ- omists and writers on banking. 1 No other economic ques- tion, not even that of free trade, has been so hotly and persistently debated. The opponents of the act contend that it prevents the bank from using its credit in the only mode available for quelling panics, that is, by the free issue of a currency that everybody will accept. They point to numer- ous crises prior to 1844 where the bank averted disaster by the policy of expanding its note issues. They point to three crises since 1844, those of 1847, 1857, and 1866, in each of which the government suspended the restrictive clause of the act and authorized the bank to issue notes at its own 1 For an argument of great force against Peel's Act, see that of H. D. Macleod in the History of Banking in All Nations, Vol. IT, pp. i73- J S3- John Stuart Mill, when called as a witness before the House of Commons Committee in the crisis of 1857, said that he was against any restrictions by law of the issue of notes, except that of convertibility. He was in favor of removing the restrictions from the Bank of England and from all other banks. LEVI'S History of British Commerce^ P- 399- 3/4 BANKING discretion. 1 In all these instances the panic subsided as soon as it was known that notes could be had at a reason- able price. Suspension of the bank act, however, did not mean suspension of specie payments, but merely that the bank might issue notes at its own risk without a correspond- ing deposit of gold. Whatever notes the bank puts out at any time it must redeem in gold on demand. Thus the opponents of the act contend that it works well only in fair weather, but that in times of stress and danger it prevents the use of an adequate existing remedy, namely, the credit of the Bank of England. In such cases, they say, safety can be found only by annulling the act. The Arguments The defenders of the act are compelled to Pro and Con. _____ . admit this ; but they maintain that the restric- tion on note issues tends to check, although it does not altogether prevent, the speculations which lead to panics and crises. They think erroneously that notes are different from other forms of bank credit in their effect upon the prices of commodities and upon the foreign exchanges, and should therefore be restrained by law, even though they are immediately redeemable in gold. This was the main con- tention of Sir Robert Peel when he brought in his bill. It was repeated by Professor Jevons in 1875. 2 Mr. H. D. Macleod has overthrown the argument of the former, in so far as it rests upon cited instances of experience. 3 The argument of the latter is inconclusive, to say the least. 1 In 1857 the extra notes, if issued, were to be loaned at not less than 8 per cent interest ; in 1866 at not less than 10 per cent; and the interest was to inure to the benefit of the government, not of the bank, so that the public should not seek and the bank should not issue more notes than were actually necessary. In 1847 and in 1866 the bank did not make use of its permission to issue extra notes, but the panic ceased. 2 Money and the Mechanism of Exchange (American edition), p. 314, 8 Theory and Practice of Banking, Vol. II, p. 150. FOREIGN BANKING SYSTEMS 3/5 Yet, whatever the statesman of the present day might wisely and safely do if he had a tabula rasa on which to write the bank's charter, he must have regard, first of all, to the fact that British commerce and British modes of thought have fashioned themselves upon the present system. It must be said also that with the passage of the act all anxiety respecting the goodness of the circula- tion disappeared. Another peculiarity of the Bank of England is that it holds the reserves of the other London banks and prac- tically those of the whole United Kingdom. All British banks, including those of Scotland and Ire- The Bank keeps land, keep a portion of their reserves in Lon- the Gold Reserve ,,,,. , of the Nation, _ don. ^" tne j omt: stock and private banks of London deposit in the Bank of England all of their money except the small amount needed for pay- ing over the counter. It is more convenient for them to keep it in the vaults of the bank than in their own. Their reserves range from 10 to 15 per cent of their liabilities. The bank, in order to make a profit for its own share- holders, lends to borrowers about 60 per cent of its deposits. If a country bank keeps one-half of its reserve in a London joint stock bank and the latter lends 85 per cent of this to its customers, while the Bank of England lends 60 per cent of the remaining 15 per cent to its cus- tomers, it follows that only 6 per cent of the country bank's deposit in the city bank is available anywhere in the form of cash. Probably the ultimate reserve of the British banks reck- oned in this way is less than 6 per cent of their demand liabilities. The remaining 94 per cent is credit. It is pos- sible to transact the business of the United Kingdom on this small percentage of cash because the credit of the Bank of England is so good. Neither the great bank nor the lesser 376 BANKING ones are required by law to keep any fixed percentage of reserve, but keep such proportion as experience shows to be needful. The Bank of England has found that its line of safety ranges between 33 and 47 per cent. The other London banks find that theifneeds are much less. 1 The system under which this bank among many has become the keeper of the ultimate reserve of all, and under which the amount has so dwindled, is the growth of centuries. It was never invented by anybody, and if it did not now exist would be pronounced impossible. When the bank finds its metallic reserve running low it raises the rate of discount in order to attract gold from abroad. It sometimes happens that the London joint-stock banks continue lending at the lower rate after the great bank has raised its rate. In such cases the bank sends its agent into the street and borrows all the floating money that can be found, giving consols as security therefor. In common parlance "the bank borrows from the market," and thus creates a vacuum which can be filled only by money from foreign countries. The Bank of England has branches, nine in number, in the principal commercial cities of England. It pays to the government a fixed sum for the privilege of note issue, and it manages the public debt for an agreed compensation. It receives all the collections of revenue of the imperial govern- ment in England, pays the interest on the government's obligations, and, in general, performs the duties which in this country devolve on the Treasurer of the United States. Although it performs these functions, it is a private 1 Mr. Goschen, when holding the office of chancellor of the exchequer a few years ago, made a public speech at Leeds, arguing that the London joint stock banks ought to have much larger reserves than they habitually keep, and intimating that if they did not voluntarily adopt that policy he should bring before Parliament a measure to compel them to do so. Not one of them ever adopted this advice, nor did Mr. Goschen ever bring in any measure to compel obedience to it. FOREIGN BANKING SYSTEMS 377 corporation managed by directors chosen by the share- holders. Its public duties are regulated by contract. Aside from these duties, the government has no more control over it than over any other London bank. The following statement shows the condition of the Bank of England on April 8, 1908. ISSUE DEPARTMENT LIABILITIES RESOURCES Notes issued . . .55.724,495 Government debt ,11,015,100 Other securities . . 7,434,900 Gold coin and bullion 37,274,495 ;55>724.495 55.724,495 BANKING DEPARTMENT LIABILITIES RESOURCES Proprietors' capital 14,553,000 Government securitiesi3,757,493 Rest 3,184,943 Other securities . . 30,780,629 Public deposits . . 11,223,495 Notes 26,810,275 Other deposits . . 43,742,329 Gold and silver coin . 1,406,495 Seven-day and other bills 5 I , I2 5 72,754,892 72,754,892 In 1844, when the issue department was separated from the banking department, the government owed the bank "11,015,100. This debt has remained unchanged to the present time. The phrase " other securities," where it occurs under the issue department, means government securities other than this old debt. The same phrase, where it occurs under the banking department, means bills discounted and assets other than government securities. In the issue department notes are liabilities, but in the banking department they are resources because they are certificates for gold deposited in the issue department. In the foregoing statement the reserve is 51 per cent of the liabilities to the public. 7 2 378 BANKING Points of similarity and of difference between the English bank-note system and our own may be here noted : ENGLISH AMERICAN An arbitrary amount of notes All bank notes issued against issued against government securi- government securities in the cus- ties in the custody of the bank ; tody of the Treasury ; no notes no notes smaller than ^5. smaller than $5.00. Bank notes in addition to the Gold certificates issued by the foregoing issued in unlimited Treasury in unlimited amounts on amounts on the deposit of gold the deposit of gold coin ; none coin or bullion. smaller than $20. THE SCOTCH BANK SYSTEM The monopoly of banking which existed in England from 1709 to 1826 did not prevail in Scotland. In the latter country there was room for a development unrestrained by legal enactment, and this freedom led to interesting results. The Bank of Scotland was chartered in 1695 Bankt C tCh with unlimited powers of note issue and with monopoly privileges for twenty-one years. When the monopoly expired in 1727, it was not renewed, but the bank continued to exist. In that year the Royal Bank was chartered. This institution, finding a scarcity of com- mercial paper in the market, devised a new method of using its unemployed capital, known as the system of cash credits, which forms a peculiar feature of Scotch banking. A cash credit is a permission extended by the bank to a borrower to draw money as it is wanted, not exceeding a certain sum, paying interest for the time and amount actu- ally used. The principal difference between a cash credit and an ordinary discount is that the former is Cash Credits. . ,, , , , "accommodation paper, that is, not based upon any completed commercial transaction. For this reason personal security, in addition to that of the borrower, is FOREIGN BANKING SYSTEMS 379 required. The indorsers, or " cautioners," as they are termed in Scotch law, are never less than two in number and frequently three or more. The cautioner has the right to inspect the account of the borrower at any time, and to stop the credit at any point, if he wishes to terminate his liability there. Cash credits are based upon knowledge of the character of the borrower and of the responsibility of the cautioners. By means of cash credits young men of enter- prise and integrity are enabled to make a start in the world without waiting to accumulate capital from their own earn- ings. Sometimes, too, a business opportunity presents itself which a man would not undertake unless he could be sure of finding a certain amount of money before its completion. He may need it or he may not. A cash credit enables him to go forward with confidence. If he needs the money or some part of it, he pays interest for what he uses. Other- wise he pays nothing. Cash credits have played a large part in the development of agriculture in Scotland. The money advanced to farmers is not, however, loaned on mortgage, but on personal security, and the accounts are not allowed to stagnate. As a corollary to the system of cash credits, the Scotch banks pay interest on the time deposits of their customers and thus stimulate among the people the habit of saving. Another peculiarity of Scotch banking is its remarkable development of the branch system by which deposits are secured from every nook and corner of the country and by which capital is transferred easily and quickly to the P laces where tne demand for it is greatest. There are twelve banks in Scotland, and they have 1065 branches. The system has been so developed and extended that b'anking facilities reach every town and hamlet in the land. Whatever assistance banks can give to industry is available to the poor and to the rich on equal 380 BANKING terms. In no other country has the principle of equality in bank favors been carried further. In no other has greater pains been taken to bring them to the poor man's door. Until 1845 there was no legal limitation upon the note issues of Scotch banks. When Peel's Act was passed in England, as described above, the principles embodied in it were applied to Scotland in a modified form. It was enacted that each bank might have an issue Note Issues. of notes equal to the amount of notes and coin then issued and held by it. This is called the "fixed" circulation, and it amounts to ,2,676,350. For any additional notes it was to hold an equal additional amount of coin, but it was not required that this coin should be held specially for the redemption of the notes ; nor was there any provision for ascertaining whether the law was complied with in this particular. Notes are issued in denominations of one pound and upward. They are exchanged daily at the Edinburgh clear- ing house, and settlements are made between banks by drafts on London. The notes remain in circulation on the average eighteen days after each issue, the whole circulation being redeemed twenty times each year. No deposited security for bank notes has ever been required in Scotland, but note holders have a prior lien on the assets. Moreover, the lia- bility of shareholders for note issues is unlimited. For these reasons the note .issues of insolvent banks in Scotland are always accepted at par by the other banks and are never depreciated. There have been only three bank failures of any importance in Scotland : those of the Ayr Bank in 1772, of the Western Bank in 1857, and of the City of Glasgow Bank in 1878. These might perhaps have been prevented by proper public examinations. Although deposits are received and loans are made at each branch, the branches pay out only the notes of the FOREIGN BANKING SYSTEMS 381 parent bank, which are redeemable at the head office. So it is necessary to have real money only in one place, instead of in perhaps one hundred different places. Economy in the Thug h maximum of business is done with Use of Gold. the minimum of gold, which is the raison d'etre of banking. Credit has been systematized in Scotland to the last degree, and has been found to answer all purposes so long as the paper sovereign can be converted into the gold sovereign, at a convenient commercial center. The gold held by the banks is usually not more than 5 per cent of their deposits, yet the Scotch banks possess the undoubting confidence of the people whom they serve. The notes of the Bank of England are not legal tender in Scotland. There is no legal-tender paper there, nor has the want of it ever been a cause of complaint. In 1907 the average liabilities and resources of the twelve banks of Scotland, in thousands of pounds, were as follows: LIABILITIES RESOURCES Capital paid . . . ,9,166 Loans and discounts .72,069 Surplus 7)557 Government securities 4,938 Circulating notes . 6,776. Other securities . . 21,644 Deposits .... 109,208 Specie 5>5 ! 9 Acceptances . . . 4,832 Call money .... 25,470 Other liabilities . . 1.337 Acceptances .... 4,832 Other assets .... 4,404 138,876 138.876 THE CANADIAN BANK SYSTEM In Canada there are thirty-five banks, with capitals rang- ing from $12,000,000 (the Bank of Montreal) to $200,000 (the St. Stephen's Bank of New Brunswick). No new bank can be established with less than $500,000 subscribed, of which at least $250,000 must be paid before beginning business. All of the larger banks have branches, of which there are 1841 in the Dominion, 382 BANKING and 48 in other countries. Each bank is allowed to issue notes to an amount equal to its paid capital, but competition and the prompt return of the notes for redemption have al- ways kept the circulation below the authorized amount. It ranges between 40 and 50 per cent of their capital and sur- plus. All banks are required by law to make arrangements to insure the par value of their circulation in any and every part of Canada, and for this purpose to establish redemption agencies at the chief city of each of the seven provinces and at such other places as may be determined by the treasury board. In practice the notes of the different Note Issues. . > banks are exchanged daily at the clearing houses in the larger cities. At other places they are exchanged between the nearest branches, and balances are paid either in Dominion notes or by drafts on the commercial centers. The notes remain in circulation on the average thirty days after each issue, the whole circulation being redeemed twelve times each year. Nor is there any discount on the notes of failed banks. The law provides for the protection of note holders (i) by giving them a prior lien on all the assets of failed banks, in- cluding a liability on the part of shareholders of double the amount invested by them ; (2) by a bank circulation redemp- tion fund contributed by all the banks, equal to 5 per cent of the average circulation of each; and (3) by a provision that the notes of failed banks shall draw 5 per cent interest from the time of default till public announcement is made of readiness to redeem them. There have been three bank failures since 1890, when these provisions of law took effect, but the note holders lost nothing; nor did the other banks lose anything from the common redemption fund. This fund was established by Parliament, at the instance of the bankers themselves. The law called for a contri- bution from each bank equal to i per cent per annum of FOREIGN BANKING SYSTEMS 383 its circulation until the total amount should be equal to 5 per cent thereof. It is in the custody of the Minister of .^-Finance. It is invested in Dominion securities at 3 per cent, and the interest is paid to the contrib- uting banks. In case of the failure of a bank its notes are redeemed out of this fund, and then the amount so expended is restored to the fund (with interest at 3 per cent) from the assets of the failed bank before any other claims are paid. The banks may be called upon for addi- tional contributions if needed, in order to keep the fund up to 5 per cent of the outstanding circulation, but the rate of contribution is not to exceed i per cent per annum. The Canadian system of note issues is based upon the "banking principle." It supplies an "elastic" currency, expanding and contracting with the variation of seasons and the wants of trade. Its system of branches tends to equalize the rates of interest in different parts Branch Banks. rlT ^.. . , , i of the Dominion. A bank receiving deposits in Halifax, Montreal, and Toronto may lend them the follow- ing day through its branches, and by the issue of its own notes, at Winnipeg, Vancouver, and Victoria, the branches redeeming the notes by drafts on the head office when they are presented for that purpose. The rate of interest in the smaller towns of the West is only i or 2 per cent higher than in the large cities of the East on the same kind of loans. To this equalization of the rate of interest both the branch system and the freedom of note issue contribute. Under the Canadian law a bank may suspend payments for ninety days without going into liquidation ; but it must not, in that interval, issue notes in payment of deposits, since that would increase the prior lien on the assets and the charge upon the common redemption fund. The weak point of the Canadian system, as of the Scotch, is the lack of government inspection. The Minister of 384 BANKING Finance can call for a report of the condition of a bank at any time, but there is nothing which corresponds to our system of bank examination. In default of tn ^ s t ^ ie bankers have procured for their own chartered association legal powers of super- vision over the making of circulating notes and the delivery thereof to the banks, the disposition made by the banks of such notes, and penalties for the breach or non-observance of the regulations applicable thereto. Thus the banks have the legal right to inspect each other so far as their note circulation is concerned, but in no other particular. The Canadian banks are not allowed to issue notes smaller than $5.00. The Dominion government, however, has legal- tender notes outstanding to the amount (March 31, 1908) of $60,455,991, against which there is a gold reserve of 25 per cent for the first $30,000,000. and 100 per cent for all above that sum. Canadian' banks are required by law to keep 40 per cent of their cash reserves in Dominion notes, but this law, formerly obligatory, is now practically of no consequence, since the banks, as a matter of convenience, hold much more than 40 per cent of their reserves in that form. There was no bank suspension in Canada during the commercial crisis of 1907. The government offered to loan the banks $10,000,000 at 5 per cent interest for sixty days as a help to the movement of the crops, on collateral to be approved and guaranteed by the Bank of Montreal, but only about one-half of the amount was accepted, and this has since been repaid. In order to avoid the necessity of resort- ing to this expedient hereafter, a bill has been proposed in the Dominion Parliament by the Minister of Finance, pro- viding that during the crop-moving season (October i to January 31) the banks may issue notes to the amount of 15 per cent of their combined capital and surplus, in addition to the amount outstanding at the beginning of the season. FOREIGN BANKING SYSTEMS 335 The thirty-five Canadian banks have a paid capital of $96,137,611 and a rest, or surplus, of $71,215,644, and their circulation on February 29, 1908, was $68,548,075. The chief points of similarity and of difference between the Canadian system and our own,are these : Bank notes are secured by a prior lien on assets including shareholders' double liability, and by a common safety fund equal to 5 per cent of total circulation. Failed bank notes draw interest at 5 per cent. Banks are required to redeem their notes at the capital of each province and to keep them at par everywhere. Banks are allowed to have branches in all parts of the Dominion. AMERICAN Bank notes are secured by gov- ernment bonds and by a 5 per cent redemption fund in the Treasury, and by the government's promise to redeem at once without waiting to sell the securities. Banks are required to receive each other's notes at par in all payments to themselves, and to redeem their own notes at their counters and at Washington City. Branch banks not permitted under the national bank system, but any state bank having branches and entering the national system may retain such branches. THE BANK OF FRANCE The Bank of France was founded, with a capital of 30,000,000 francs, in the year 1800, at the instance of Napoleon Bonaparte, then first consul. It was an ordi- nary bank of discount, deposit and note issue, like the first and second banks of the United States, which character it still retains ; but Jthe government has never been a shareholder in it. It was placed under the "management of fifteen regents and three inspectors, called "censors," chosen by the shareholders. In 1803 the exclusive right of note issue in the city of Paris The Bank of France. 386 BANKING was conferred upon it. In 1806 a law was passed provid- ing that the chief of the state should appoint from among the shareholders a governor and two deputy governors,^ tihe^bank. Under the present law the governor must be the owner of one hundred shares of 1000 francs each, and each deputy governor must hold fifty shares. The governor has general direction of the affairs of the bank, .presides at all meetings of the regents, and may veto any of their acts. No paper can be discounted that he disapproves of. He also appoints all the employees. This feature of the bank's organization has been retained under all changes of the government of France. The bank performs the same duties in the management of the public debt that the Bank of England performs in that country. In 1848 the exclusive right of note issue in the whole of France was conferred upon the bank, but it was required to buy the other note-issuing banks, which it did by increasing its own capital stock to 91,250,000 francs. The monopoly of note issue was bestowed upon the bank in VNote Issues/A . .... order to give greater stability to the paper currency, and it had that effect. The goodness of the notes of the Bank of France is never questioned, and its monopoly is not complained of. In consideration of the bank's serv- ices to the state, the government exacts no special compen- sation for the right of note issue, but requires it to pay the same taxes as other banks are liable to and also exacts a small stamp duty on its notes. The amount of notes issuable is fixed by law from time to time. In the last act (February n, 1906) the maximum sum was fixed at 5,800,000,000 francs. The legislative body usually antici- pates the demands of commerce by extending the limit before the maximum is reached. The restriction upon its issues is, therefore, more apparent than real. The Bank of France is perhaps the most notable example and illustration FOREIGN BANKING SYSTEMS 387 of the " banking principle " of note issues that the world has ever seen. The amount of the bank's uncovered notes is relaftvel^ small. On April 9, 1908, its total issue was 4,869,281,000 francs and its specie on hand 3,678,546,000 francs. About one-fourth of the specie consists of silver five-franc pieces, which are available for the internal traffic of the country but not for foreign trade, since their metallic Cash Reserves. % . , . -11 is much less than their nominal value. As they are legal tender, the bank must receive them as the equivalent of gold, but it may also pay them at par for all claims against itself. Accordingly, when depositors want gold for exportation, the bank is enabled to charge a pre- "rnium for it, the alternative being payment in silver. This premium is a source of profit to the bank. The limit to the possible premium is the cost of collecting gold coins, of which there is always a large amount in circulation, and which brokers are ready to supply if they are paid for their trouble. Usually the bank charges no premium, but at times it charges a fraction less than the cost of obtaining gold from brokers. If it should charge more, the public would sell its gold to brokers and deposit only silver at the bank. Sometimes we hear that the Bank of France or the Impe- rial Bank of Germany is buying gold with its notes and allowing the importer of the metal interest during the time of transit from the United States. This can be done with- out loss whenever there is a fresh demand for its notes, pro- vided the demand keeps the notes in circulation during the time the gold is in transit. Of the probable duration and extent of this demand the bank is well able to judge through the knowledge, which it derives from its branches, of the internal trade of the country. In the revolution of 1848 the bank suspended specie pay- ments, and its notes were made legal tender, but it was 388 BANKING prepared to resume at the end of three months. The govern- ment, however, prevented it from doing so until August, 1850, at which time resumption took place and the legal- tender act was repealed. The bank suspended again in C , 1870, at the beginning of the Franco-German Inpayments. War ' and itS n teS W6re a g ain made le g al tender. The bank at that time held specie nearly equal in amount to its outstanding notes, and equal to about 75 per cent of all its demand liabilities ; and its officers were prepared to meet a run, besides making the usual advances to the mercantile community and the unusual ones which, it was foreseen, would be required by the gov- ernment. Rumors had, however, gained credence that specie was flowing out of the country in large amounts to Prussia, and so public opinion demanded that the bank should stop payments and that its notes should be made legal tender. On August 12, 1870, a law was passed to that effect. The same act limited the note issues to 1,800,000,000 francs. Two days later the limit was raised to 2,400,000,000 francs, and by subsequent steps to .3,200,000,000 francs in July, 1872. The bank advanced to the government during the war with Germany and the later conflict with the commune 761,000,000 francs, and continued to make advances while the new republic was establishing itself, until they reached the maximum sum of 1,530,000,000 francs. About one-half of the sum thus advanced was specie. The premium on specie at any time was, however, slight. Once it was as high as 4 per cent, but only for a short time. After the sup- pression of the commune it fell to i per cent. While Paris was besieged the parent bank could do nothing to assist the government, but the branches were able to do so. The Morgan loan of October, 1870, for 250,000,000 francs was guaranteed by the Bank of France. Specie payments were resumed on January i, 1878, but the legal-tender quality of the FOREIGN BANKING SYSTEMS 389 notes of the bank was not repealed. It was retained at the instance of the business community outside of Paris, as a matter of convenience in the handling and transfer of money. The Bank of France is required by law to have at least one branch in each department of France. It has also a large number of subsidiary offices in places too small to support a branch with the usual complement of officers and employees. The j^te of discount is uniform msc D o C ^ e t S s and / at the parent bank and aTTlfbranches and" offices. During recent years it has been usually 2^ to 4 per cent, and is less fluctuating than in any otheT~country. No paper is rejected on account of its smallness. In 1889 there were at the parent bank nearly 20,000 discounts of 10 francs ($1.93) or less each, and more than 1,000,000 ranging in size from 51 to 100 francs. The chief points of difference between our banking system and that of France, as regards note issues, are these : if^ FRENCH AMERICAN One bank of issue with numer- Any number of banks of issue, ons branches. no branch banks. Cash reserve fixed by the bank. Cash reserve fixed by law. Notes secured by the bank's Notes secured by government assets. bonds. Maximum amount of notes Amount of notes not to exceed fixed by law from time to time. the bank's paid capital. The following is a condensed statement of the condition of the Bank of France in thousands of francs on April 9, 1908 : LIABILITIES FRANCS RESOURCES FRANCS Capital 182,500 Gold 2,776,033 Surplus 381519 Silver 902,513 Circulating notes . . . 4,869,281 Discounts 1,046,796 Deposits 440,000 Advances on securities . 541,196 Other liabilities . . . 375,243 Other resources . . . 639,005 5'95.543 5'95.543 390 BANKING Although the Bank of France has a monopoly of note issues, it has numerous competitors in the field of deposit and discount, the largest being the Credit Lyonnais with a capital of 250,000,000 and a surplus of 125,000,000 francs. Five such banks have aggregate deposits of 3,424,000,000 francs, sevenfold the amount of the deposits of the Bank of France. The deposits are exclusively in cash or bank notes. Securities cannot be converted into sight deposits, although the bank may undertake their sale and conversion into cash for the depositors' credit when sold. These five banks hold 2,414,000,000 francs of short-time commercial paper, and 883,000,000 francs of advances on securities. This great development of discount and deposit banking in France has taken place mainly during the past twenty-five y THE IMPERIAL BANK OF GERMANY The Reichsbank, or Imperial Bank of Germany, was grafted upon the stem of the Bank of Prussia in the year '1875. Prior to that event there had been five different monetary systems in the Germanic confederation, with a heterogeneous coinage, a variety of legal-tender imperial Bank no t; es issued by the several governments, and of Germany. * numerous banks whose circulating notes were generally at a discount except at their place of issue. The establishment of a central bank was one of the measures adapted to bring order out of this financial chaos, and it has been successful even beyond the expectations of its promoters. The Bank of Prussia was originally owned by the government, which had contributed its capital of 2,000,- ooo thalers, but it had grown to 20,000,000 thalers by the admission of private stockholders. The government, however, continued to control it. The German Empire bought the Prussian government's interest, raised the capi- tal to 120,000,000 marks, and disposed of the whole by FOREIGN BANKING SYSTEMS 391 private subscription, retaining, however, absolute control over it by means of an imperial board of directors, subject .-) "ToTHe chancellor of the empire. By the bank act of 1875 the president and the members of the board of directors are appointed by the Kaiser for life, on the recommendation ^ of the federal council. The officers of the bank, although paid by it, are considered government officials, Its Organization. and they are not allowed to hold shares in the bank. The shareholders choose from their own number a central committee, who act in an advisory and supervisory capacity, but receive no salary. The central committee elects three members^ from its own number to sit with the imperial board of directors in an advisory capacity, and they are authorized and required to inspect the books and accounts of the bank " in the presence of a bank director " and to make reports thereupon to the central committee. At the time when the bank act of 1875 was passed there were thirty-two indepenjlent banks in the empire which had the right of note issue. The general provisions of the act applied to them as well as to the Reichsbank. They were allowed to issue in the aggregate 135,000,000 Note Issues. marks and the Reichsbank 250,000,000 marks of uncovered notes. It was provided also that, if any of the independent banks should for any reason cease to issue notes, their rights of issue should pass to the Reichsbank. All but seven of them either abjured the right of issue or lost it by expiration of their charters on or before January i, 1894. The uncovered issues of the Reichsbank have since been raised to 472,829,000 marks, which is called the "con- tingent circulation." Some provisions of the German system are of great importance, and should be compared with the English system, as established by the bank act of 1844. The German law, like the English, requires that, for all note 392 BANKING issues above the foregoing limits, the banks must have an equal amount of cash in their reserves, but it does not require them to hold "This- T^cstr^as a "special redemption fund for the notes. Nor is the regulation an inflexible one, like that of the English act. Any bank may The Elastic exceed the limitation of the cash reserve by Feature. J paying to the imperial treasury a tax of 5 per cent on the surplus issue, provided that the Reichsbank shall maintain at all times a reserve equal to one-third of its notes in circulation the other two-thirds to be covered by discounted bills running not more than three months and having at least two signatures of undoubted responsibility. The lax, was originally imposed for the purpose of restricting the note issues, but experience has led to the abandonment of that motive, as is shown by the fact that frequently the rate of interest charged to the borrowers is less than the tax. Each note-issuing bank is required to publish, four times each month, a report of its assets and liabilities, showing particularly the state of its note circulation and of its reserve fund. If the note issues are in excess of the limitations above described, the tax is imposed immediately, and is repeated each week as long as the excess continues. Evi- dently this system of note issue was modeled upon the English one, but modified by English experience in the crises of 1847, 1857, and 1866, when it was found necessary to "suspend the bank act." To avoid the necessity of breaking the law on such occasions, the German act was made flexible and has been found to avert trouble in times of severe stringency. It must, therefore, be considered preferable to the English act. Bank notes are not legal tender in Germany. No bank note can be issued of less denomination than 100 marks ($23.80), but smaller ones are issued by the imperial treasury. The Reichsbank is obliged to give its notes in TORE1GN BANKING SYSTEMS 393 exchange for gold bullion, at the rate of 1392 marks per pound fine. Banks may count the notes of other specie- paying banks in Germany and notes of the imperial treasury as a part of their cash reserve. The Reichsbank has hundreds of branches, divided into classes according to the importance of the places where they are situated and the kind of busi- ness transacted by them. The rate of interest is uniform at the head office and all branches. The Reichsbank usu- ally redeems its notes at its branches, as well as at its head office in Berlin. The independent banks are required to redeem their notes at an agency either in Berlin or in Frankfort, as well as at their own counters. All note- issuing banks are required to receive, in payments to them- selves, the notes of other banks, and must at once present them (except those of the Reichsbank) for redemption, or use them in payments to the issuing bank, or in other pay- ments in the town where it is situated. A law was passed in 1900 to increase the capital of the Reichsbank to 180,000,000 marks by the sale of new shares at 135, the premium to be added to the surplus fund. This increase was effected in 1905. The annual profits. of the Reichsbank are apportioned in the following manner : (i) 3^ per cent (originally 4^ per cent) on the capital stock goes to the shareholders ; (2) 20 per cent of the excess goes to the surplus fund, until it is equal to one-fourth of the capital ; (3) the remaining surplus is divided equally between the shareholders Dividends. and the imperial treasury, until the dividend to the shareholders reaches 8 per cent ; (4) any ultimate residue is divided in the proportion of one-fourth to the shareholders and three-fourths to the imperial treasury. If the net profits fall short of 3^ per cent on the capital Stock, the residue is to be taken from the surplus fund. 394 BANKING The profits of the bank have advanced by leaps and bounds during recent years. In 1899 tne shareholders received 10^ per cent and in 1900 n per cent, and the imperial treasury in the latter year received nearly 20,000,000 marks. The chief points of difference between our banking system and that of the German Reichsbank are these : GERMAN Bank controlled by govern- ment exclusively. Circulating notes secured by bank's assets. A certain amount of notes issuable without conditions. Issues over and above the fore- going to be covered by an equal reserve of cash, otherwise a tax of 5 per cent on the excess. AMERICAN Banks controlled by share- holders exclusively. Circulating notes secured by government bonds. Amount of notes not to exceed bank's capital. Each bank to keep a deposit in the treasury, equal to 5 per cent of its circulating notes, for the redemption thereof. The following is a condensed statement of the condition of the German Reichsbank in thousands of marks on Jan- uary i, 1906 : LIABILITIES MARKS RESOURCES MARKS Capital 180,000 Surplus 65,379 Circulating notes . . . 1,656,682 Deposits 636,851 Other liabilities . . . 33*271 2,572,183 Coin, 1 bullion, and notes 831,132 Discounts 1,228,614 Loans on securities . . 204,340 Investments .... 214,855 Current accounts . . . 14,846 Other resources . . . 78,396 2,572,183 1 About one-fourth of the metallic reserve consists of silver thalers or three-mark pieces, which are legal-tender coins akin to the five-franc pieces of France, or to our silver dollars. FOREIGN BANKING SYSTEMS 395 RECAPITULATION The Bank of England is a private corporation which ren- ders certain financial services to the government. In con- sideration of a loan of money Parliament, in 1694, granted it a charter with banking powers, and an annual payment for interest on the loan. The bank paid the stipulated sum to the government and issued its own interest-bearing notes for an equal amount, which were bought by the public. With the capital thus replaced it began the business of discount and deposit. Three years later the bank made a new loan to the government and was authorized by Parliament to issue demand notes payable to bearer for an equal amount. These were likewise accepted by the public at par. In 1709 the government virtually granted to the bank the exclusive privilege of note issue " in that part of Great Britain called England." From that time the indebtedness- of the gov- ernment to the bank, and also the amount of its note issues, increased gradually until 1797, when the bank was forced to suspend specie payments on account of its large advances of money to the treasury for war purposes. The suspension continued until 1821. In 1826 the monopoly of the bank was relaxed, and the privilege of note issue was granted to joint stock banks at a distance of sixty-five miles from London. There were severe commercial crises in England in 1825, 1836, and 1839, and the opinion prevailed that they were caused by excessive issues of bank notes. This belief led to the passage of an act by Parliament in 1844, at the instance of Sir Robert Peel, by which the issue of notes as credit instruments of the bank was forbidden. By the terms of this act the function of note issue was wholly separated from that of deposit and discount, and became an automatic exchange of notes for government securities or for gold. The bank was allowed to transfer to the issue department a 396 BANKING fixed amount of such securities and to receive an equal amount of notes. In addition to this fixed amount, the issue department was to give notes in exchange for gold and not otherwise, and was to redeem all notes in gold on demand. The same principle was applied to all note-issuing banks in England. When the note-issuing privileges of any country banks should lapse, those of the Bank of England were to be increased, on condition that government securities of equal amount were placed in the issue department. In practice this system, which was adopted to prevent panics, has failed to do so, and it has been found necessary in times of great stringency to suspend the operation of the act and to allow the bank freedom to issue notes without the deposit of corre- sponding amounts of gold. No notes can be issued in Eng- land or Wales smaller than ^5. The notes of the Bank of England are legal tender at all places in England and Wales except at the bank itself. The banks of Scotland are distinguished by the great extension and perfection of their branch system and by a kind of loans known as cash credits. There are only eleven banks in the country, but they have all together more than one thousand branches. Every hamlet in the country has at least one office connected with a bank in a large city. At this office, or branch, deposits are received and loans are made with the same facility and freedom, and on substan- tially the same terms, as in the cities. The branches, how- ever, pay out only the circulating notes of the bank, which are redeemable at the head office. It is unnecessary, there- fore, to keep gold at more than one place. A cash credit is an authorization extended to a borrower to draw from the bank, within a certain period of time, a certain sum, or any part thereof, and requiring him to pay interest only for the amounts drawn and for the time they are kept. Cash credits are loans on personal security, not less than two indorsers FOREIGN BANKING SYSTEMS 397 being required, frequently three or more. Loans of this kind to farmers are common, and they have been greatly conducive to the agricultural prosperity of the country. Cash credits are economical to the borrower because he pays nothing for his right to draw upon the bank but only for what he actually draws. Interest is allowed on all deposits. The note issues of the Scotch banks are regu- lated on the same principles as those of the Bank of Eng- land. Each bank is allowed to issue a certain amount of notes against its general assets. For all issues above that sum it must have a gold sovereign for each paper sovereign outstanding, but it is not required, as the Bank of England is, to keep this gold separate from its other assets. The gold held by the Scotch banks is usually not more than 5 per cent of their deposits. Each bank has an office in London and a balance on deposit in the Bank of England. The Scotch banks issue notes in denominations of i and upward. No bank notes are legal tender in Scotland. There is no system of public inspection or supervision of banks in Scotland. In Canada there are thirty-five banks. They have a sys- tem of branches like that of the Scotch banks, but their note issues are regulated on a different plan. They are allowed to issue notes to the amount of their paid capital, but are required to make arrangements which shall keep them at par in all parts of the country, and to this end they must have at least one redemption agency in each province of the Dominion. Each bank is required also to contribute a sum equal to 5 per cent of its circulation as a common fund to secure the prompt redemption of the notes of failed banks. This fund, held in the custody of the Minister of Finance, is invested in Dominion securities which draw interest at 3 per cent, and the interest is paid to the banks in proportion to their contributions. Note holders also have a prior lien on the assets of failed banks, including the double liability of 398 BANKING the shareholders. The notes of failed banks draw interest at 5 per cent. The safety fund, the prior lien, and the inter- est clause have been effectual to prevent any depreciation of the notes of failed banks in Canada since those provisions of law went into force. There is no government inspection of banks in Canada, but the incorporated association of Canadian bankers is empowered by law to inspect the note issues of all banks and to keep them within the limitations of the law, with power to punish infractions. The Bank of France is a private corporation which dis- charges public functions similar to those performed by the Bank of England. Its affairs are managed by a board of regents chosen by the shareholders. They act, however, under the general direction of a governor chosen from among the shareholders by the chief of the state. The governor has power to veto any act of the regents. He also appoints all employees of the bank. The bank has the exclusive right of note issue in France, and its notes are legal tender. The maximum amount of its issues is fixed by law from time to time. Its metallic reserve is not regulated by law, but is usually 80 per cent or more of its note circu- lation. In specie holdings it is the strongest bank in the world. The government does not exact any compensation from the bank for the monopoly of note issue, but it imposes a small stamp duty on the notes. The bank suspended specie payments in 1870, during the Franco-German war. The suspension was prolonged, at the instance of the gov- ernment, till 1878, but the discount on its circulating notes during the greater part of this time was so small as to be scarcely noticed. The bank has a large number of branches and subsidiary offices in all parts of France, where commer- cial paper is discounted and loans are made on securities. The rate of interest on loans is uniform at the parent bank and at all branches and offices. In its system of note issue FOREIGN BANKING SYSTEMS 399 the Bank of France is a conspicuous example of the " bank- ing principle," as the Bank of England is of the " currency 'principle." The Imperial Bank of Germany is owned wholly by private shareholders, but is under the exclusive control of the gov- ernment. Its board of directors is appointed by the emperor, on the nomination of the federal council, and all the officers of the bank are considered as government employees. The directors are responsible to the chancellor of the empire. A committee of the shareholders sits with the board of directors in an advisory capacity, inspects the accounts from time to time, and makes reports thereon to the shareholders. The bank has the right of note issue, a right which will become exclusive whenever the issues of certain independent banks shall have ceased. The method of note issues is a modifica- tion of that of the Bank of England. The bank is allowed a fixed amount of uncovered notes. For all above that sum it must have in its reserves an equal amount of cash, but this is not, like the English law, an inflexible rule. The bank may issue uncovered notes in excess of the prescribed limits, on condition of paying a tax of 5 per cent per annum on the excess, but its reserve must not at any time be less than one- third of its outstanding circulation. This elastic clause has been vindicated by experience. It has afforded relief to the business community in several periods of monetary stringency, and without any harmful consequences. The Imperial Bank is required to give its notes in exchange for gold coin or bullion, but bank notes are not legal tender in Germany. All note-issuing banks are required to receive each other's notes at par and to redeem their own notes at Berlin or Frankfort, as well as at their own counters. The net profits of the Imperial Bank are divided between the shareholders and the imperial treasury in a proportion fixed by law. The Imperial Bank has many branches. 400 BANKING AUTHORITIES . Francis' History of the Bank of England. Rogers' First Nine Years of the Bank of England. Levi's History of British Commerce. A History of Banking in All Nations, published by the Journal of Commerce and Commercial Bulletin (New York, 1896). Macleod's Theory and Practice of Banking. Somers' Scotch Banks and System of Issue. Breckenridge's Canadian Banking System. Dunbar's Chapters in the Theory and History of Banking. Conant's History of Modern Banks of Issue. New York Chamber of Commerce Report on the Currency (October 4, 1906). CHAPTER XVII RECENT HISTORY IT has been the author's aim in the preceding chapters to enable the reader to reach right conclusions in reference to the currency problems now (1908) confronting us. The principal defect of our national bank system is the rigidity of its note circulation. In a broad sense the vol- ume of notes is regulated, not by the wants of trade, not by the amount or kind of commer- cial paper offered for discount, but by the mar- ket price of United States bonds. Even if the bonds were sufficient in amount and satisfactory in price, the note circu- lation would still be lacking in the elasticity which should characterize a good system. By elasticity is meant the capacity to increase or diminish in volume in accordance with the needs of the community, and simultaneously there- with. It has been shown in a previous chapter that where note issues are unrestricted the amount of notes outstanding at any time depends not upon the volition of either the banker or the depositor, but upon the public demand. There are some seasons of the year, also, when a greater quantity is wanted than at others, and these familiar ebbs and flows vary in different localities and in different trades. A flexible currency is one which rises and falls in volume harmoniously and simultaneously with these trade movements. Note issuing is, to the banker, simply a question of profit. When he buys bonds and deposits them in the Treasury as security for circulation, he virtually buys notes from the 401 402 BANKING government; and his question is whether he can get more profit by such an investment than by using his capital in other ways. Aside from the interest on the bonds, k' s gains arise only from the average amount of his notes which the public will take and hold. There will always be some notes in transit to Wash- ington for redemption and thence back to the bank ; and after they come home they will remain unused for a while. During this period they are unproductive capital. Therefore the banker will take from the government no more notes than he thinks he can keep in circulation. He will hold none for emergencies. Thus the national bank currency remains for long periods nearly uniform in amount, while in countries where notes are issued according to the "banking principle" there is a seasonal outflow and inflow of notes correspond- ing to the greater or less demand for them. The contrast between Canada and the United States in this particular is very marked, as appears from the charts on the next page. In every country the alternations of seedtime and harvest have a marked influence upon the currency movement. During the spring and early summer, when the farmers are engaged in planting and tilling their crops, they usually incur debt to the country merchants for household supplies; and the currency movement is then sluggish. When harvest comes, a great deal of work must be done within a short space of time, and this requires a large amount of currency to pay the wages of laborers and to meet the various claims against the farmers which then mature. These seasonal demands are imperative. They come almost simultaneously in large sections of the country. Every other demand for currency is secondary to this, since the only time to harvest the crops is when they are ripe. The annual crop movement in Canada is marked by an uplift of the note circulation, while no corresponding rise is RECENT HISTORY 403 observable in the United States. What takes place among us is a withdrawal of the cash reserves of the banks and a NOTE ISSUES OF THE CANADIAN BANKS 1894 1895 NOTE ISSUES OF THE NATIONAL BANKS OF THE UNITED STATES transference of the same from the commercial centers to the farming districts, causing a contraction of loans and dis- Unnecessa counts to a much larger amount than that of Contraction and the cash so withdrawn. A reverse movement takes place after the crops are moved. It is the opinion of good judges that these alternate contractions and expansions exceed two hundred million dollars in both instances. No such unsettlement of bank reserves takes 404 BANKING place in Canada because the banks can issue their own notes without cost in the autumn and retire them without cost after they are sent home for redemption. When proposals were made in 1892 and succeeding years for a bank-note circulation based on the assets of the banks instead of government bonds, 1 one of the reasons advanced for the change was that with the extinction of the national debt the bond security of the notes would be withdrawn and that the existing system would necessarily come to an end. At that time nobody had conceived the idea of extending a public debt already matured if the government had the money with which to pay it and stop the interest. Nobody would have dared to propose it, for at that time the national finances were the leading issue in politics. But new politi- cal issues arose. The Spanish War came. The public mind was no longer centered on finance. So the men in authority, who ought to have foreseen the coming crisis and made plans for bank circulation on some other basis, extended a large part of the maturing public debt for thirty years, al- though they had the money in hand, or in sight, to pay it off and stop the interest. In preparation for this step Congress passed the act of March 14, 1900, authorizing the Secretary of the Treasury to refund the outstanding debt maturing in SS n ebt the I 94, '97, and 1908 into new bonds to run thirty years, bearing interest at 2 per cent per annum. Prior to the passage of this act it had always been the policy of the government to pay its interest-bearing debts as soon as possible, in order to avoid unnecessary burdens upon the taxpayers. To this end bonds redeemable at the 1 One such proposal was made by the American Bankers' Associa- tion at its annual meeting at Baltimore, in October, 1894. Another was made by the Secretary of the Treasury (Hon. John G. Carlisle), in his annual report of that year. RECENT HISTORY 405 pleasure of the government after some short period were generally preferred. Thus the 5-20 bonds issued during the war were made redeemable at any time after five years but payable at the end of twenty years. Under this system the Treasury could use its surplus revenues to pay bonds at par instead of buying them in the market at a premium, and the money would be restored to the channels of business promptly. How this change of policy was carried into effect was shown in the Treasury report for 1904, in the following tabular statement : 3 PER CENTS 4 PER CENTS 5 PER CENTS TOTAL Amount refunded into 2 per cent consols of 1930 Interest saved on $II9,26O,OOO $351.578,000 $72,071,300 $542,909,960 old bonds to ma- turity .... Interest to be paid on new bonds to 27,283,662 89,852,710 ^'OS^SSS 130,186,727 maturity of old bonds .... Premium paid for old bonds . . Premium received l8,l89,I08 6,239,833 44,926.355 36,432,250 5,220,142 6,872,572 68,335.605 49,544,655 for new bonds . Net profit . . . 4O7,6o6 3,262,327 1,513.778 10,025,883 957,641 1, 939'3 8 4 14,245,851 In this way the policy of the government was reversed, and nearly $550,000,000 of the public debt was put beyond the chance of extinction for nearly a quarter of a century, except by purchase in the open market. For the privilege of making this swap the government paid a bonus of nearly 406 BANKING $50,000,000 on the old bonds, of which it recovered less than $2,000,000 as premium on the new ones. The foregoing tabular statement purports to show a net profit on the refunding operation by ignoring the interest (amounting to $257,837,642) on the new bonds after the maturity of the old ones. After deducting the apparent profit shown above ($14,245.851), the loss on the whole transaction is enormous, but we cannot reduce it to exact figures, because we do not know how much of the extended debt we might have paid off if it had not been thus extended. We know, however, that a surplus of $240,000,000 was on hand in 1907, .and that the interest on that amount might have been extinguished. Of course the premium on the maturing bonds would have extinguished itself. The 4 per cent bonds of 1907 were not all included in the list embraced in the Treasury report quoted above. Some of them were left to run to maturity (July i, 1907), so that they might be paid if the government should Loss of Interest. then have the money in hand. The govern- ment did have the money, but instead of applying it to that purpose, $50,000,000 of bonds were extended for twenty- three years at 2 per cent interest, and the money which might have been employed in payment of debts was deposited in banks. The interest which the government is thus obli- gated to pay, and which it might have wholly saved in this instance, was $23,000,000 literally cast away by a stroke of the pen. The excuse for this kind of financiering was that if the government's interest-bearing debt were paid, there would be a shortage of bonds to be held as security for national bank notes. If that is a good reason for keeping $240,000,- ooo of bonds alive when the government has the money in hand to pay them off, then the same reasoning would justify the selling of new bonds when there is no use for the money RECENT HISTORY 4O/ which they bring in except to deposit it back in the banks. And that is what the Secretary of the Treasury did in No- vember, 1907. Leaving out of account the money paid for the bonds and redeposited in the banks (as equal quantities on the opposite sides of an equation cancel Bad Financiering. ... , , T i each other), this is a case where the United States, in its capacity as a government, gives the banker its note bearing semi-annual interest, and payable at the end of thirty years and not before, and in its capacity as a body of citizens takes in exchange the banker's note payable without interest at no particular time. But even this device of extending a debt and continuing needlessly to pay inter- est on it will not suffice much longer, since population and trade are growing more rapidly than our financiers can add to the public debt. Hence the proposal to use other bonds than those of the government as security for national bank notes. In 1902 the Secretary of the Treasury (Hon. Leslie M. Shaw), finding the element of elasticity wanting in our cur- rency system, sought to supply the defect with- out anv chan g e in the law - He first made a rule changing the security required for the de- posit of government money in national banks. By the terms of the law this security was to be "United States bonds and otherwise," the word " otherwise " having been inserted, as the debates of Congress prove, in order to include the per- sonal bonds of the bank's officers. No record could be various Bonds as found of an y deposit having ever been made security for GOV- in a bank on any other collateral security than ernment Deposits. United ^^ ^ Q ^ undl Mr ghaw dedded that the word " and " was equivalent to the word " or." State and municipal bonds were accepted under the new rule. In making the announcement of this change of practice, how- ever, the Secretary stipulated that any government bonds 408 BANKING released as security for deposits should be used as security for additional bank notes, and in this way an artificial stimulus was applied to the taking out of new circulation. Two years later the Secretary added railroad bonds to the list of securities acceptable for deposits. Simultaneously with the foregoing rule Secretary Shaw made another which released the national bank depositaries from the requirement of keeping a cash reserve against government deposits. Although the law requires the reserve to be held by each bank against " the aggregate amount of its deposits," the Secretary argued that the government was abundantly protected by the securities held, and hence that a cash reserve was, in this case, a superfluity. Wo Bank Reserve The New York Clearing House took the view against Govern- ment Deposits. that the law could not be repealed by the Secretary, and hence that its members should continue to maintain a reserve of 25 per cent against all deposits, including those of the government. The act of Congress of May 30, 1908, however, repealed the reserve requirement as to government deposits. In 1903 Mr. Shaw made a fresh ruling, that national banks which have been designated as depositaries of public money are branches of the Treasury, and hence that public funds may be transferred to or from such banks at any time. This rule is of no importance except as showing the drift of the Secretary's mind and his purpose to get the public funds into shape, to be expeditiously moved hither and thither for what he considered to be the advantage of trade and com- merce from time to time. In 1896 there was an international movement of gold toward this country, which Mr. Shaw thought needed to be accelerated. He accordingly notified two New York banks privately that if they would engage gold for importation he would deposit an equal amount of the metal in their vaults RECENT HISTORY 409 so that they should not lose the interest during the time of transit from the foreign port to the United States, and a few days later he gave public notice that he would do the same for other depositary banks. This announce- GoiTimporfs rnent lowered the gold import point and hastened the arrival of the amount of metal which the conditions of international trade called for, but did not increase the amount in the aggregate. It had the effect also of giving the depositary banks an advantage over all other persons, firms, and corporations engaged in the business of importing gold. In the same year the Secretary made such arrangements for moving the crops in the coming autumn as he thought would avert the usual autumnal pinch. He withdrew $60,- 000,000 of public money from the banks and locked it up, in order to have a supply to put out again in the harvest season. On September 27 he announced that $26,000,000 would be put in the banks to relieve the money Moving the Crops. . market, but that it should not be used to foster speculation in the stock market. It would be widely dis- tributed far from the purlieus of Wall Street, among the banks of the West and South. In spite of this elaborate plan of campaign the speculators had the best of it. 1 In his annual report for 1906 Mr. Shaw expressed the opinion that the Secretary of the Treasury ought to be clothed with full power over the bank circulation, so as to expand or 1 " Notwithstanding his announcement as to the distribution of the deposits, it soon appeared that probably half of the $26,000,000 had found a resting place in the banks of New York. Amounts at first offered to banks in other cities were declined, because the banks could not supply the required collateral, and other deposits actually made in interior cities were reconsigned to New York because of the higher rates of profit there prevailing." " The Treasury and the Banks under Secretary Shaw," by A. P. Andrew, in the Quarterly Journal of Economics, August, 1907. 41 BANKING contract it at his own volition. Also that he ought to have authority " to require all banks, at certain times fixed by him, to slightly and gradually increase their Omniscience in reserves and hold the same within their own the Treasury . . Department. vaults, with corresponding authority to release the same from time to time, as in his judgment will best serve the business interests of the country." He did not claim as his exclusive possession the omniscience needed for the exercise of such powers, but generously con- ceded it to all his predecessors and all his successors in office. Shortly after writing this report he ceased to be Secretary of the Treasury. All of the acts above enumerated were either violations of the statute law or assumptions of power never contemplated by the law makers. They were glaring examples of " pater- nalism in government," which assumes that the holders of public office know how private business ought to be con- ducted better than business men themselves, and think that their powers ought to be made commensurate with their superior knowledge. The natural and immediate conse- quence of Mr. Shaw's action was that the speculators in Wall Street cast prudence to the winds and clamored for " Treasury relief " whenever their own speculations had pro- duced tightness in the money market. Among the causes of the panic of 1907 the action of the Treasury must be counted as one, and it is to be regretted that Mr. Shaw's policy still rules the Department. It is now paternalism tempered by a deficit. CHAPTER XVIII THE PANIC OF 1907 EARLY in October, 1907, there were signs of trouble in the New York Stock Exchange. Prices of securities fell with great violence. On the i6th there was a crash in the market, started by the failure of certain speculators in copper-mining stocks. Public attention was thus directed to a group of banks in the management of which these persons were influ- ential. These banks fell under suspicion and TheKnicker- the rumors extended to other speculators and bocker Trust ...... . Company. banking institutions supposed to be affiliated with them. On the 2ist the National Bank of Commerce announced at the clearing house that it would no longer be responsible for checks drawn on the Knicker- bocker Trust Company, one of the largest, and perhaps the most conspicuous, of the financial institutions of the city. On the following day there was a run on it by depositors, and it closed its doors after paying $8,000,000 over its counter. 1 With the failure of the Knickerbocker Trust Company the panic became general. Prominent bankers held a meeting at midnight to take measures to stop it, and the Secretary of the Treasury, Mr. Cortelyou, came from Washington and promised to assist. On the 23d a run on the Trust Company of America began, and the bankers gave it assistance so that it was able to pay out $13,000,000 in cash in one day without closing its doors. 1 The Knickerbocker Trust Company was resuscitated after the panic by new subscriptions to its capital stock. 411 412 BANKING On the same day a run was started on the Lincoln Trust Company, but was successfully met. There was a renewed and heavy break on the stock exchange, and S Compares! the rate for cal1 mone y rose to 9 Per cent; time loans could not be had on any terms. The Westinghouse companies of Pittsburg were placed in the hands of receivers for inability to meet maturing obli- gations. October 24 the panic reached its height ; call money was not obtainable. A bankers' pool was organized to deal with the situation. By offering $25,000,000 at 10 per cent they broke the deadlock. Secretary Cortelyou deposited $19,- 000,000 in the banks. The run continued on the two trust companies, but all demands were met. During this time there had been a heavy drain on the New York bank rese'rves from banks in other parts of the country. On the 26th the clearing house decided to issue loan certificates in the mode prescribed in the panic of 1893. This was virtually a general bank suspension, but while most of the banks used their discretion either to pay checks pre- sented at their counters in cash, or to stamp ResvT s Bank them "g od throu g h the clearing house," several of them paid all checks presented without any discrimination whatever. The example of New York was followed almost instantaneously by all the clearing houses of the country, including that of Chicago, which had never before issued a loan certificate. A premium on cur- rency made its appearance on'November 2, as in the panic of 1893, and the various devices employed in that year for paying wages and carrying on retail trade by means of small certificates and pieces of stamped cardboard, were repeated everywhere. The premium on currency increased gradually to 4 per cent, as quoted in the newspapers, but in fact it reached 5 and 6 per cent in some instances where large sums THE PANIC OF 1907 413 were imperatively required. This was a case where whole- sale prices were higher than retail. The exchanges of the country were thrown into confusion. On Oc- cITrrency n tober 2 9 Chica S drafts on New York were quoted at $2.50 per $1000 discount. In other places the usual country balances in New York had been so far drawn down that the banks in the interior, although having plenty of cash in hand, could not sell drafts on New York at all. It happened that we had been blessed with an abundant wheat harvest, while there had been a shortage in all European countries except France. The price of wheat was accord- ingly the highest that had been known for several years, and the export of this staple gave our bankers an abundance of commodity bills with which to command gold abroad. Ster- ling exchange fell to 4.82 on October 26, and to 4.80 on October 28, on which day $18,750,000 in gold was engaged in London for importation. This movement continued until December 23, during which time $107,000,000 in gold was imported, all of which was paid for with exported grain and cotton. During a part of this movement the quotations for demand sterling were above par (4.86.6), and l even went as high as 4.91, so that some people said we were buying gold at a premium. But the quotation 4.91 was not a quotation of cash, but of bank checks that were selling in Wall Street at about 96 cents on the dollar. The premium on currency continued until the last of December. During this interval of two months foreign bills of exchange drawn on American houses, banks, or cor- porations were of uncertain value. They might be paid at par or at varying rates of discount according to the will of the debtor. Interest due on bonds and other obligations held abroad was subject to the same uncertainty, for although legally payable at par, few creditors could afford to lose time BANKING and hire lawyers to bring suit to recover the difference. This was the most humiliating feature of the panic. It justi- fied the saying of a foreign critic that the United States was " a great international financial nuisance." On November 17 announcement was made at Washington that the Treasury would come to the relief of the business community by issuing $50,000,000 of Panama canal bonds, and $100,000,000 of one-year 3 per cent certificates of in- debtedness. As both of these operations contemplated the borrowing of money from a market already staggering with the demands upon it, the promised relief was Government 6 never experienced. The design of the Presi- dent and Secretary was to issue a security which, by the offer of 3 per cent interest, would draw hoarded money out of its hiding places, and also to increase the amount of 2 per cent bonds in the market which could be used as security for national bank notes. There was a brief spurt on the stock exchange when this plan was promul- gated, but on the next day the depression was as great as before, and on the three following days it became still greater. Critics said that the proposed issue of certificates was not authorized by law, and that the proposed issue of bonds, if lawful and successful, would be a fresh drain on the cash reserves of the banks which could not be recouped in months. Announcement was subsequently made that 75 per cent of the subscriptions for 3 per cent certificates would be allowed to remain as deposits in the vaults of the subscribing banks and 90 per cent of the subscriptions for Panama bonds. On that basis $25,000,000 of Panama canal bonds were sold and $35,000,000 of 3 per cent certificates. Banking opinion was nearly unanimous that the government's intervention had not been helpful, but the contrary. The cause of the panic was the existence of a large num- ber of debts that could not be paid at maturity. Some debts THE PANIC OF 1907 41$ are maturing all the time that cannot be paid. These cause a small crisis in each case, but it is noticed only by the individuals immediately concerned. If all persons who are in debt could pay their obligations when they ^ a ^ ^ ue > there could be no financial crisis, large or small. The cause of an excessive amount of debt that cannot be paid, must be sought in the varying conditions of trade, which are simply the indices of varying states of the public mind. There are periods when all or nearly all men in business are very hopeful and enterprising. They are then apt to extend their business and take risks. They are eager to borrow money, purchase goods on credit, enlarge their works, buy more land, erect new buildings, buy stocks on margin, in other words, to speculate. The prices of the things bought are forced up by the competition of buyers, but the necessity always exists of paying for the things purchased and meeting the obligations incurred in terms of gold dollars. A time comes in the upward rush when this cannot be done because the prices are too high. Then the speculators begin to fail. Those whose liabilities are largest in propor- tion to their capital fail first. Their failure brings down others, who, in ordinary times, would " pull through," even though they might incur losses through improvident ven- tures. Presently the whole business community perceives a danger impending the danger that any person owing money and not having it in his immediate possession may not be able to get it. This starts the panic. Perhaps the most striking phenomenon of the panic was the rush of the country banks to draw their money out of the central reserve cities, where the bulk of it was held. This proves that there is much human nature in bankers, but it proves even more conclusively that our banking sys- tem is behind the age and needs betterment. CHAPTER XIX PRESENT PROBLEMS THE panic of 1907 directed public attention sharply to the currency question as an unsolved problem, and it soon became apparent that there was a preponderance of opinion among the commercial classes in favor of " asset currency." The supporters of the latter system, as opposed to the ex- isting bond deposit system, hold that a bank note is the same in principle as a deposit pay- able on demand, and that the same percentage of cash reserve that suffices for the one will suffice for the other. They maintain that the assets, i.e., the short-time and constantly maturing obligations of the bank's customers, are a better basis for the prompt redemption of all of the bank's obligations than any long-time securities, and that asset cur- rency adjusts itself automatically to the public demand and hence is an elastic currency. 1 Many commercial bodies took action on the currency question after the panic came, but two important ones be- gan to investigate it in a systematic way, earlier, the New York Chamber of Commerce and the American Bankers' 1 Mr. Alexander Gilbert, president of the New York Clearing House, testified before the House Committee on Banking and Cur- rency, April 13, 1908, that his bank made loans of $25,000,000 to $30,- 000,000 on commercial paper in 1907, and that the losses on such paper for fifteen months (to April i, 1908), including the whole of the panic, had not exceeded one-fifth of one per cent. In this computa- tion he had reckoned as losses all paper not paid at maturity, although a large percentage or even the whole might be eventually collected. New York City bonds had declined in the same period 13.3 per cent. 416 PRESENT PROBLEMS 417 Association, both of which decided in favor of an asset currency, with some differences of detail. 1 The former pre- ferred a central bank if such an institution were feasible, but evidently did not consider it practicable in a political sense. The latter prepared a bill for an asset currency and forwarded it to Congress for consideration. The prime defect of the existing system is the requirement that the bank shall purchase its circulating notes by deposit- ing an equal or greater value in the Treasury beforehand. In this way the element of credit is expunged, Defect of the an( j the only benefit remaining is the greater Bond Deposit . . . System. convenience in carrying and handling paper instead of metal. After the notes are bought a loss can be avoided by the banker only by keeping them in circulation. He receives only ij per cent interest on his deposited bonds after paying the circulation tax. 2 The mo- ment the notes come back to him they begin to burn his pocket. The Canadian banker loses nothing by locking up his circulating notes after the demand slackens, since they did not cost him anything in the first instance. For the foregoing reasons our banker will not take out more notes than he thinks he can keep in circulation all or nearly all the time. He will not provide himself with a surplus for harvest time or other emergencies. Such a cur- rency cannot be elastic. It will be just as rigid and inelastic when based upon state and municipal bonds as it is now. The question may be asked, Why did we have a panic in the autumn of 1907, and a general bank suspension lasting two months, while no other country was thus afflicted, and 1 See Appendices A and B. 2 The comptroller of the currency, in his report for 1907, shows that the banker's profit on circulation, after deducting all expenses, is only 0.95 per cent in excess of the profit he could get by lending at 6 per cent the money invested in the deposited bonds. 418 BANKING even our neighbors in Canada avoided the cataclysm ? The trade conditions of Canada were akin to our own, if not worse, and she is now suffering the consequences of specu- lation and trade reaction, but without becoming like our- selves "an international financial nuisance." The reason is not far to seek. Canada has a credit system NO Panic in under which the banks have no motive for Foreign Countries in 1907. depleting each other s reserves. There are thirty-five banks in the Dominion, with 1841 branches, situated in 1016 towns. None of the branch banks can make a run on its parent bank. None of the parent banks would make a run on the others even if it could, be- cause a common interest binds them together, and they are not too numerous to have a common understanding. As they do not make runs on each other the public do not make runs on them. In England, France, Germany, and the other European countries, the bank reserves are even more scien- tifically guarded and husbanded. The ultimate cash reserve in each country is in one central bank. 1 No inferior bank in any crisis will draw more from the central bank than it really needs. No individual will draw from it more than he wants to-day, for fear that he may not be able to get it to- morrow or next week. What happens among us when a panic 1 Mr. F. S. Mead, in the Quarterly Journal of Economics (May, 1907), gives a computation of the ultimate cash reserves held in the United States, Canada, and Great Britain, consolidating the institutions of all kinds, in each country, that do a banking business. Thus the banks in the United States, national, state, and private, are treated as a whole, the deposits which they make with each other being elimi- nated. The liabilities of the banks to the public, including that of circulating notes and government deposits, in November, 1906, were approximately $9,945,615,713, and the cash in hand, $969,904,523 O r 9.73 per cent. But assuming that $25,000,000 of the reserves of state banks and trust companies consisted of national bank notes which cannot be termed cash, the reserve would be reduced to 9^ per cent. The national banks alone held 13.39 per cent against individual and PRESENT PROBLEMS 419 comes was thus described by a witness of all the panics that have visited us since the New York Clearing House was organized : 1 By far the largest cause of currency hoarding is the fact that the batiks throughout the country all proceed to fortify themselves. There are 6600 national banks, all of them outside of New York, hoarding centers, I will not say all of them, but the majority of them, hoarding centers, dominated by an idea of self-preserva- tion, each seeking to fortify its own reserves. And why is that? Simply because there is no central agency of relief to which they can apply for help in time of trouble. Every banker feels that he must stand alone. These facts emphasize the advantages of a central bank like those of Europe, or a system of branch banks like those of Canada and of Scotland, as a preventive of bank suspen- sion. But in every case where branch banking has achieved great success it has been coupled with sub- Branch Banks. . stantial freedom of note issue. However use- ful it may be as a means of economizing cash reserves, it is still more so as an instrument of credit. A Scotch bank with one hundred branches does not divide its cash reserve into one hundred parts. It lends its notes at the branches and government deposits and circulation. The state banks and trust companies held 6.35 per cent and the private banks 5.24 per cent. The reserves of the Canadian banks against circulation and de- posits at the same period (1906) were 9.09 per cent cash in hand, but 10.88 per cent if we count, as is proper, their deposit balances in banks in foreign countries. The ultimate banking reserve of Great Britain was found by Mr. Mead to be 7.6 per cent, counting Bank of England notes as cash, or 6.5 per cent in specie alone. The reserve of the joint stock banks was only 5.5 per cent in specie and bank notes together, or 3.8 percent in specie alone. 1 Testimony of Alexander Gilbert before the House Committee on Banking and Currency, April 13, 1908. 420 BANKING redeems them at the head office. A multiplicity of reserves is dispensed with, local redemption is unnecessary. Economy of capital, of time, and of labor are here conjoined, but this would not be possible without practical freedom of note issue. A Canadian bank may receive deposits in Halifax to-day and lend them in .Winnipeg to-morrow, ^Note issued because it can issue its notes promptly at the latter place. If it were obliged to wait till it could transmit the money from Halifax by express, time and interest would be lost. If it could not issue its own notes without first buying bonds, lodging them in a government office, and " taking out " currency, the entire profit of the loan might be dissipated. The questions whether the law ought to fix a minimum cash reserve for banks, and if so what the reserve should consist of, are occasionally brought into debate. The United States is the only country which requires a fixed percentage of reserve and this is only for national banks. Ordinarily, however, the national banks keep a larger reserve than the law prescribes, and the country banks fre- quently keep a larger percentage than those of the cities, although their legal requirement is less. Therefore it cannot be said at the present time that the law is a hardship to any class. Among thousands of banks scattered over a wide territory there will always be some reckless or ignorant or unprincipled managers who, in their eagerness for profit, will allow their reserves to fall below the danger point. In other kinds of business the penalty of bankruptcy is the most fitting end to recklessness in business, but in the banking world a fire once started is apt to spread rapidly. One failure begets others and may bring ruin upon a whole community. Therefore the legal reserve provision of our national bank act must be con- sidered wise under present conditions. PRESENT PROBLEMS 421 Should a bank be allowed to count the notes of other banks as a part of its cash reserve ? Nobody would think of allowing a bank to count its own notes, which are its debts, as a part of its cash. Obviously, then, it would not be wise to allow two banks to count each other's notes as reserves. Such a result might be achieved by serves* 6 simply exchanging notes, and then they might report full reserves when they had no real cash at all. This would be an infraction of law, but if there were sufficient motive for it, ways for concealing it could be easily devised. Indeed, it is a common belief among bankers that the reserves consist in part of national bank notes now, which are included in the mass of reserves in order to avoid the trouble of sorting them out and sending them to Wash- ington for redemption. It is most desirable that they should be so sent, since it prevents stagnation of the note currency. It compels each bank to keep its assets in a liquid state, so that it may always have the means of redemption in legal tender at hand. Under the Suffolk system the bank notes of the New England states were redeemed, on the average, ten times each year ; and there can be no doubt that the spur of frequent redemption was a most potent aid to sound banking. Our national bank act needs amendment in its note-issuing feature, not in the direction of making redemption more sluggish than it now is, but the contrary. Elasticity of the note circulation, which was so marked under the Suffolk system and which prevails in Scotland and in Canada, re- quires frequent redemption of note issues. Expansion of the currency, when need arises, implies contraction when it has passed away. The one process is the complement of the other. Advocates of the policy of allowing national banks to count each other's notes as cash reserves point to the fact 422 BANKING that state banks are authorized by law to use them as such in New York and in some other states. The answer is that a bad practice ought not to be extended. The state laws ought to be changed in this particular so that nothing but money of full legal tender should be used as bank reserves, and preferably gold. It is true that Bank of England notes are counted as reserves in Great Britain, but they are legal tender and are now issued by the bank only in exchange for gold. Most of the plans proposed for an elastic note system provide for a special tax on what is called " emergency cir- culation." This is a misleading phrase. It im- plies that there is a fixed standard of quantity in bank-note circulation, regardless of the state of trade, and that any demand for notes above that sum is an emergency. 1 If that were true it would constitute no reason for imposing an extra tax on the currency issued to meet it, since the tax would tend to defeat the very pur- pose for which it was issued. It is said that the tax is 1 Mr. James B. Forgan, in his testimony before the House Commit- tee on Banking and Currency, gave an additional reason for discarding the phrase " emergency currency," in answer to a question put to him by Mr. Prince of Illinois, thus : " Mr. Prince. Do you think there is now need of emergency cur- rency legislation ? "Mr. Forgan. I do not; and I do not think that a condition can ever exist in this country or any other country that will warrant the use of the issue of anything that could bear such a "What 'sin a ... . Name?" terrifying name as 'emergency currency, because as soon as you use it, and you say that a single bank has issued emergency currency, you have got the whole of your deposi- tors on your back. Now, suppose that emergency does exist; if they believe an emergency exists, they will do as they have always done, run on the banks. A proper currency prevents any such thing as an emergency ever getting into the minds of the public. They never know that an emergency exists." PRESENT PROBLEMS 423 intended to prevent inflation, by driving the notes home when they are no longer needed. But there is no way to determine when inflation exists except by the return of the notes to the issuing banks. An emergency The Proposed exists when there is a demand on the banks laX. for additional notes. Inflation exists when the reverse process sets in. There is no other criterion. A tax to prevent inflation is a superfluity. The German bank law imposes a tax at the rate of 5 per cent on circulating notes of the Reichsbank in excess of the cash reserve, but the tax is not imposed for the purpose of sending the notes home. This is made clear by the fact that the notes are generally loaned at a less rate ^ i nterest th an th e tax itself frequently at rates ranging from 3 to 4^ per cent. In the period from January i, 1901, to July 7, 1906, there were thirty-seven occasions of overissue. In only twelve of these cases was the interest rate as high as the tax, while there were twenty-five when it was lower than the tax. Such emergencies in Germany come and go before the public are aware of them. The Chamber of Commerce Committee and the American Bankers' Commission, in their respective reports on currency reform, in 1906, recommended the imposition of special taxes at varying rates on circulating notes in excess of a certain percentage of the capital of the issuing bank. Both followed the German example in the matter of the tax, but for differ- ent reasons the former " for the prevention of excessive issues," the latter to " produce a guaranty fund sufficient to redeem the notes of failed banks." The latter is the more rational of the two. Obviously a time would come when the guaranty fund would be full, and then presumably the tax would cease. CHAPTER XX THE CENTRAL BANK QUESTION LOOKING at the past we find that we have had an average of one general bank suspension for each decade since 1837, while Europe has had none during the past ofcre fl dit ti0n fift y y ears except those due to non-financial causes, such as wars or the action of govern- ments. The saving quality of the European methods con- sists in the fortification of credit by a central bank. Business conditions in the United States in 1907 were similar to those prevailing in other civilized countries, but our resources were greater in the aggregate than those of any other. This is proved by the fact that we were able to draw $107,000,000 of gold from the world's supply in the short space of two months by bills of exchange drawn against our current exports. Yet we alone suspended. The central bank of the Old World type is a bank of banks. Its primary function is to rediscount bills of exchange which have their origin in various parts of the country and which pass through inferior banks whose indorse- ment the y bean These bills f exchange must be backed by two or more names of un- doubted solvency, must run not more than ninety days, and must represent actual business transactions. All bills of this kind will be discounted by the central bank, which will give in exchange cash, or its own notes redeemable in gold on demand. The bank does not incur a deposit liability in the act of discounting bills. The bank also makes advances, in the discretion of the managers, on goods unsold and on securities, but not as a 424 THE CENTRAL BANK QUESTION 425 matter of course, and not to an unlimited amount. Such advances are placed in a different category from that of bills of exchange. The power of note issue is granted to the central bank in Germany on condition that it shall hold a cash reserve of not less than 33 per cent against the same. All the revenues of the government are deposited in the bank, Its Note Issues. . and its disbursements are made by checks drawn on the bank. The "shareholders of the bank are pri- vate individuals. In Germany the bank is managed by the government; in France by the government and the share- holders together, the government being supreme; in Eng- land by the shareholders alone. The issue of the bank's notes, as above described, takes place in obedience to the demands of business and simul- taneously therewith. The notes return to the bank in pay- ment of maturing bills, or as deposits at the BankReserves head bank or its branches. Thus the credit of the country is organized to carry on the business of the country with the minimum of cash. The cur- rency is perfectly elastic. No inferior bank and no indi- vidual has any motive to draw on the reserves of the central bank for purposes of internal trade. No drain upon those reserves can take place except when gold is wanted for ex- port. In such cases, if the drain becomes heavy, the bank raises the rate of discount till it ceases. Drains on the bank reserves in the United States usually run in the contrary direction. They are internal, not exter- nal. In the recent panic the depletion of bank reserves was most violent while we were importing gold from abroad. The country banks were draining the city banks. Mr. J. B. Forgan 1 said that during the week before the 28th of 1 Testimony before the House Committee on Banking and Cur- rency, April 15, 1908. 426 BANKING October the First National Bank of Chicago alone shipped $7,000,000 out of a legal reserve fund of $15,000,000 "for the purpose of taking care of country banks who feared that there was going to be a panic and made HOW Banks drain a drive at the nearest reserve city they had." Each Other in the . J J United states. This was before private depositors had made ^S. any run on the banks at all. Twelve thousand small banks were drawing simultaneously from the large banks of the reserve cities, reducing the big piles of cash that the public were accustomed to see reported in the news- papers, and accumulating twelve thousand small piles that the public never saw or heard of. No wonder if the private depositors took the alarm also. Apparent obstacles to the adoption of the central bank system in this country are twofold : first, the wide extent of the territory to be served; second, the habits of our people, who are accustomed to a system based upon Bank Feasible? individualism. Are these difficulties insuper- able? The Second Bank of the United States and President Jackson's war against it will doubtless occur to readers as a warning against fresh experiments of that kind. But President Jackson had no objection to a bank controlled by the government. In fact he recommended one to Congress at the time when he was fighting against " Biddle's bank." Our habit of falling prostrate once in every ten years, and exposing ourselves to the jeers of man- kind, is the worst banking habit we have, and the one which we could most advantageously lay aside. Most of the plans for banking reform now or lately under discussion contemplate the cooperation of banks in a certain number of geographical units. The aim is to bind them together like the bundle of sticks with which the old man in the fable in- structed his sons. The idea is an outgrowth of the clearing THE CENTRAL BANK QUESTION 427 house association. It seeks to utilize the same for other purposes than that of clearing. It is the nucleus of the bill passed at the recent session of Congress, and was embodied in the Fowler bill also. Thus the country has turned its face toward centralization, and the question is whether pub- lic opinion is prepared to go farther in the same direction. In a recent brochure suggestions have been made for overcoming the obstacles mentioned above.' The plan pro- poses a central bank with a capital of $100,000,000, to be owned for the first ten years wholly by the ^.government, and afterwards by private indi- viduals, if then deemed advisable, but with dividends limited to 4 per cent per annum. The country is to be divided into Bank District Associations, not more than twenty in number, membership in which shall be volun- tary and open to any bank situated therein, state or national. Each District Association shall be entitled to one seat in the general council of the central bank, which shall consist of forty-one members. The Secretary of the Treasury, the Comptroller of the Currency, the Treasurer of the United States, three senators and three representatives shall be members of the council, and the shareholders shall elect twelve members. During the first ten years all of the twelve shall be chosen by the government. The central bank would have power to issue circulating notes payable in gold on demand, against a reserve of not less than 33^ per cent gold and 66J per cent central Bank commercial paper, having not more than ninety days to run. There is no other limitation on the issues. Commercial paper must consist of foreign bills of exchange or " certificates of guaranty " issued by the Bank District Associations. The certificates of guaranty are to be the equivalent of the domestic bills of exchange discounted by the central banks of the Old World. Each certificate must 428 BANKING specify the nature of the collateral security held for it, which collateral may embrace ordinary commercial paper, United States bonds, state and municipal bonds, and first mortgage railroad bonds, approved by the. Secretary of the Treasury. The collateral need not be transferred to the custody of the central bank. Loans may be made by the central bank to the District Associations in the form of deposits, on the same kind of security, and deposits may be made in the central bank by members of the District Associations, which de- posits may be counted as a part of their legal reserves. Deposits are not to be received from other persons or cor- porations. All loans to District Associations will be made in cash or in the bank's demand notes, which shall be re- ceivable by the government and by other banks, the same as the existing national bank notes. The central bank shall receive all the government revenues without giving special security therefor, and shall pay out the same as may be directed by law. 1 The comptroller of the currency, 2 in his annual report for 1907, makes a strong argument in favor of a central bank. He thinks that if we had had such a bank, there would have been no general bank suspension The Comptroller , of the Currency l as t year. He thinks also that we shall COn- favors a Central tinue to have such suspensions from time to Bank. time " until we learn the plain lesson from experience, and adopt the only efficient, scientific, and proper means to protect our people in business from such disasters." 1 The author of this plan for a " modified central bank of issue" is Mr. Paul M. Warburg, of New York City, who is also the writer of an essay on " American and European Banking Methods," in the volume entitled 77ie Currency Problem ami the Present Financial Situa- tion, issued by the Columbia University Press, 1908. 2 Hon. William B. Ridgely, comptroller of the currency, the author of the report here referred to, has resigned his office to take the presi- dency of a bank in Kansas City. THE CENTRAL BANK QUESTION 429 He would recommend that the capital stock of the central bank be owned by the national banks in proportion to their capital, and that subscription thereto be obligatory the stock to be non-transferable, any shares owned by banks which go into liquidation being returned to the central bank and canceled. 1 He would have two-thirds of the directors of the bank chosen by the shareholders, and one-third by the government, the latter to have -a power of veto, as the gov- ernment of France has in the affairs of its central bank. The regular dividends should be limited, and all profits above 3 or 4 per cent should be divided, one-fourth to the shareholders and three-fourths to the government, as in Germany. It would be well also to provide that no share- holding bank should have more than a given number of votes, however large its capital. The comptroller's plan obviates the objection of paternal- ism which might be raised against a central bank owned by the government. Although this objection Desirable may be more imaginary than real, it is well to Features of Ms J . Plan. bear in mmd that popular elections bring un- certain results, and that it is best to minimize the interference of the government with the business of the people. We have too much paternalism in banking now. The comptroller's plan also provides easily for the capital needed to start a central bank, whereas the government is not likely to have the money to spare for that purpose soon. For the sake of economy of time and labor the location of a central bank should be at the commercial center of the nation. The principal banking peeds qf [ftf /-! nn try nro~ i. A credit currency which shall rise and fall rhythmically with the pulsations of business, and shall be redeemable in gold with ease and frequency. 1 The corporation of the Associated Press is organized on this plan. 430 BANKING 2. A fortification of banking credit which shall inspire confidence that all solvent persons and corporations engaged in the work of production shall always be able Conclusion. . . to obtain the necessary bank accommodation for carrying on their legitimate, non-speculative business. The former desideratum is obtainable by means of an "asset currency," and the latter by the agency of a central bank. There may be other ways of accomplishing the same ends. RECAPITULATION A central bank is the keeper of the ultimate gold reserve of the nation, which it regulates by raising or lowering the rate of discount. Its chief function is the rediscounting of commercial paper for other banks. It organizes credit by requiring that all paper offered for discount shall be sound, and that all such paper offered shall be discounted at a uni- form rate of interest. It has the power of note issue limited only by its cash reserve. The power of note issue is not necessarily exclusive, but it has been found in practice that other banks in the same country, which have that power, gradually abandon it without compulsion. The organization of credit by means of a central bank of sufficient capital pre- vents panics by assuring the commercial community that all persons worthy of credit can at all times obtain it. A central bank may or may not be controlled by the government. Its usual form of control is in part by the government and in part by private shareholders. APPENDIX A NEW YORK CHAMBER OF COMMERCE REPORT ON THE CURRENCY THE year 1906 marked a considerable advance of public opinion in the direction of currency reform. A special com- mittee of five members of the Chamber of Commerce of New York was appointed by that body in the month of March to inquire into the condition of the currency and to suggest desirable changes, Mr. John Claflin being the chairman, and Mr. Joseph French Johnson the secretary. The committee made an investigation of our own national banking system and of the systems of foreign countries and submitted a report on the first of October following, recommending the creation of a central bank of issue like those of Germany and France, under the control of the government, which bank should have branches in the principal cities and should have dealings only with banks; its stock to be owned in part by banking institutions, and in part by the government, but in its management the government to be supreme. The central bank should have power to issue currency, redis- count for other banks, hold public money, and act as agent of the government in redeeming its paper money and making its disbursements. If a central bank should not be deemed advisable by Con- gress, the committee made the following recommendations in lieu thereof : Let any national bank whose bond-secured circulation equals 50 per cent of its capital have authority to issue additional notes equal in amount to 35 per cent of its capital. 432 APPENDIX Let such additional notes be subject to a graduated tax as , follows : the first 5 per cent, taxed at the rate of 2 per cent per annum ; the second 5 per cent, taxed at the rate of 3 per cent ; the third 5 per cent, taxed at the rate of 4 per cent ; then an issue equal to 10 per cent of capital, taxed 5 per cent; then an issue equal to 10 per cent of capital, taxed 6 per cent. 1 Let the proceeds of this graduated tax constitute a guaranty fund, in the custody of the government, for the redemption of the notes of failed banks. To insure the prompt retirement of notes when not needed, let redemption agencies be established at sub-treasuries and other convenient points. Let all the notes of a bank be alike in form, and let it be the duty of the United States Treasury to redeem all the notes of a failed bank, as at present, in full on presentation, and to recoup itself from the assets of the failed bank and from the guaranty fund. That the law restricting the retirement of national bank notes to $3,000,000 per month by the deposit of lawful money be repealed. That future issues of United States bonds be not made avail- able as a basis for the issue of national bank notes. That the laws regulating the operations of the United States Treasury be amended in such a manner that they shall not, as now, interfere with the money market ; and to this end we sug- gest a law requiring that all money in the general fund of the Treasury above a reasonable working balance be deposited in national banks. The report was adopted by the Chamber of Commerce after debate by a nearly unanimous vote. It did not receive any attention from Congress. 1 The declared object of the graduated tax was " the prevention of excessive issues." APPENDIX B AMERICAN BANKERS' COMMISSION REPORT ON THE CURRENCY SIMULTANEOUSLY with the foregoing investigation, a simi- lar one was in progress at the hands of a Commission ap- pointed by the American Bankers' Association at its annual meeting. This committee consisted of fifteen members, of which Hon. A. B. Hepburn was the chairman. The committee made a report on the first of November, 1906. They were unanimously of the opinion that the present currency was not responsive to the demands of commerce and that it re- quired change. " It does not expand," they said, "with the need for currency in the crop-moving period, causing strin- gency, nor does it contract when the uses for currency are less extensive, causing redundancy. We find that the banks are under the necessity of parting with their reserve money to supply the demand for currency at certain seasons, although that demand would be quite as well satisfied if banks could supply their credit notes instead of depleting their reserves and causing a contraction injurious to business. ... A bank note is essentially the same in principle as a deposit payable on demand. It is a book deposit converted into such form that it passes current. It resembles in character a demand certificate of deposit, or a cashier's check simply a current deposit liability of the bank." On the i8th of January, 1908, the Commission held a meeting at Chicago and embodied their views in the 433 434 APPENDIX following bill for enactment, if it should be found accept- able by Congress : Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, that from and after the passage of this Act, any national banking association which has been in business for one year, and has a surplus fund equal to twenty per centum of its capital may take out for issue and circulation national bank notes without a deposit of United States bonds as now provided by law. Said notes shall be known as " National Bank Guaranteed Credit Notes." Said notes shall be issued in such form and denominations, and under such rules and regulations as the Comptroller of the Currency shall fix. The amount of said notes so taken out by any national banking asso- ciation may be equal to forty per centum of the amount of its national bank notes at any time outstanding, which are secured by the deposit of government bonds, but shall not exceed in amount twenty-five per centum of its capital ; provided, however, that if at any time in the future the present proportion of the total outstanding unmatured United States bonds to the total capitali- zation of all national banking associations in active operation shall diminish, then the authorized issue of national bank guaran- teed credit notes shall be increased to a correspondingly greater percentage of the bond-secured notes. SEC. 2. That every national banking association taking out national bank guaranteed credit notes in accordance with the fore- going section, shall pay to the Treasurer of the United States in the months of January and July a tax of one and one-quarter per centum upon the average amount of such notes in circulation during the preceding half year. SEC. 3. That any national banking association which has taken out national bank guaranteed credit notes in accordance with the provisions of section I of this Act, may take out a further amount of national bank guaranteed credit notes equal to twelve and one- half per centum of its capital, but it shall pay to the Treasurer of the United States in the months of January and July a tax of two and one-half per centum upon the average amount of such notes in circulation during the preceding half year. AMERICAN BANKERS' COMMISSION REPORT 435 SEC. 4. That the total amount of bank notes issued by any national banking association, including national bank guaranteed credit notes taken out in accordance with the provisions of this Act, shall not exceed the amount of its paid-up capital. SEC. 5. That any national banking association situated and doing business in a central reserve city, or a reserve city, shall at all times have on hand in lawful money of the United States, an amount equal to at least twenty-five per centum of its national bank guaranteed credit notes in circulation ; and every other national banking association shall at all times have on hand in lawful money of the United States an amount equal to at least fifteen per centum of its guaranteed credit notes in circulation ; provided, however, that any national banking association situated and doing business in a reserve city may keep one-half of its law- ful money reserve on deposit in a national bank in a central re- serve city, or in a reserve city, and that every national banking association situated and doing business outside of a central re- serve city, or a reserve city, may keep three-fifths of its lawful money reserve, on deposit in a national bank in a central reserve city, or in a reserve city. SEC. 6. That the taxes upon national bank guaranteed credit notes, provided for in sections 2 and 3 of this Act, shall be paid in lawful money to the Treasurer of the United States. Said taxes, when received, shall constitute a guaranty fund to redeem the notes of failed banks, and to pay the cost of printing and current redemption. SEC. 7. That when any national banking association takes out any national bank guaranteed credit notes for issue and circula- tion, it shall deposit with the Treasurer of the United States in lawful money an amount equal to five per centum thereof. The amount so deposited shall be placed in the guaranty fund for the purposes thereof. But said amount shall be refunded to the re- spective banks as soon as the taxes provided for in sections 2 and 3 of this Act maintain said guaranty fund above five per centum of the maximum amount of national bank guaranteed credit notes taken out for issue and circulation, but that no bank shall with- draw any part of its deposit of said five per centum until it shall have to its credit in said fund more than five per centum. 43 6 APPENDIX SEC. 8. That the Comptroller of the Currency shall designate certain cities conveniently located in the various sections of the United States for the current daily redemption of said national bank guaranteed credit notes ; he shall fix rules and regulations for such redemption ; and, before authorizing and permitting any national banking association to take out for issue and circulation any national bank guaranteed credit notes, he shall require such bank to make arrangements satisfactory to him for the current daily redemption of such notes in every redemption city so designated. SEC. 9. That said national bank guaranteed credit notes, issued in accordance with the provisions of this Act,*shall be received at par in all parts of the United States in payment of taxes, excises, public lands, and all other dues to the United States, except duties on imports ; and also for all salaries and other debts and demands owing by the United States to individuals, corporations, and associations within the United States, except interest on the public debt and in redemption of the national currency. Said notes shall be received upon deposit and for all purposes of debt and liability by every national banking association at par and without charge of whatsoever kind. SEC. 10. That the holder of any national bank guaranteed credit note shall have a prior lien on the assets of the national banking association issuing it and on the statutory liability of shareholders. SEC. ii. That upon the failure of a national banking associa- tion, all outstanding national bank guaranteed credit notes taken out by it in accordance with the provisions of this Act, shall, upon presentation to the United States Treasury, be paid in lawful money out of the guaranty fund ; but the United States Treas- urer shall recover in lawful money from the assets of the failed bank the amount of the guaranteed credit notes of such bank out- standing at the time of failure, and the same shall be paid into the guaranty fund as provided in section 10 of this Act. SEC. 12. That any national banking association desiring to retire its national bank guaranteed credit notes or to go into liquidation shall pay into the guaranty fund an amount of lawful AMERICAN BANKERS' COMMISSION REPORT 437 money equal to the amount of its national bank guaranteed credit notes then outstanding. SEC. 13. That any national banking association desiring to take out national bank guaranteed credit notes and having notes outstanding in excess of sixty-two and one-half per centum of its paid-up capital, to secure the payment of which United States bonds have been deposited, may, upon the deposit of lawful money, redeem such excess without reference to the limitation of nine million dollars each month prescribed in the Act approved March fourth, nineteen hundred and seven. The plan of the American Bankers' Association was one of the topics discussed at the last meeting of the American Economic Association at Madison, Wisconsin, December 28, 1907. Professor Davis R. Dewey, of the Massachusetts Institute of Technology, made some remarks in reviewing the plan, from which the following is an extract : The plan of the American Bankers' Association is frequently spoken of as a plan for asset currency. It will be observed, how- ever, that it is simply a proposition for the issue of notes equal to 125 per cent upon bonds, 100 per cent of which shall be, as at present, taxed J of i per cent, and 25 per cent shall be taxed 2| per cent. The ostensible object of this plan is to provide a certain portion of currency which will adjust itself to the periodic move- ments of the money market, and which will presumably flow and ebb according to the demands for the movement of crops and for special emergencies. Advocates of this plan, so far as I am aware, do not emphasize the need of a permanent addition to the total supply of bank-note money. They are, however, desirous of introducing some element of elasticity. The question therefore before us is, Will a currency issued in this way, which is based primarily upon the amount of bond-note circulation and conse- quently upon the amount of bonds available for notes, create this elasticity ? It is estimated that this plan would provide, on the basis of present circulation, a possible increase of a little over 300 millions 438 APPENDIX of credit notes. In this connection it is to be noted that during the past ten years there has been an increase of bank-note circu- lation of 400 millions. If the bonded indebtedness of this country should increase so as to make a larger amount of bonds available for bank-note circulation, then there would be a possibility of still further increase in the credit-note circulation: the two credit- note and bond-note circulation would go hand in hand. Elasticity apparently is to be secured by two forces: first, a tax of 2| per cent ; and second, an extension and improvement in re- demption facilities. If, however, there is to be a system of real and effective redemption, why a tax of 2|- per cent? If, however, there is not to be automatic redemption, as works out, for example, in the Canadian system, is a tax of 2\ per cent sufficient to force retirement? Is there not the possibility, therefore, that the credit notes in times of industrial prosperity may stay out continuously? And may not the financial demand for this credit currency be as urgent as the commercial crop-moving demand? Elasticity of circulation presupposes effective agencies for re- tirement and redemption of notes. Does the plan of the American Bankers' Commission provide any way by which these credit notes will inevitably flow back ? The report says that " the Comptroller of the Currency shall designate numerous redemption cities con- veniently located in the various parts of the country. Through the agency of the banks in such cities adequate facilities shall be provided for active daily redemption of the credit notes." But will the establishment of " adequate facilities " necessarily result in the retirement of such notes? We have in this country 6000 individual national banks, each independent of the others. Our banks have not been trained in redemption and there is not that rivalry between a few competing bank systems such as obtains in Canada, which would lead banks, to present for redemption the notes of other banks. Can this redemption be obtained except by the passage of a law forbidding any bank to pay out the credit notes of any other bank ? And does not effective redemption in- volve the machinery of either a central bank or of a system of branch banks? It must also be remembered that bank notes are regarded by the people at large as absolutely sound, as good AMERICAN BANKERS' COMMISSION REPORT 439 as government legal tender, and that consequently they stay out in the hands of the people for a considerable period of time. We must also remember that the Treasury department has, for gov- ernmental ends, actively opposed the retirement of bank notes, and practically held out special privileges to banks which would run counter to commercial forces. If elasticity can be secured in as simple a way as that implied in the bankers' plan, why would it not be possible to improve the present methods of redemption so that there would be an ebb and flow ? The plan of the American Bankers' Commission is confessedly a compromise. It is believed by many, however, to be a step toward asset banking. If the bond circulation should decrease, the plan provides that the authorized issue of credit notes shall be increased to a correspondingly greater percentage of its bond- secured notes. We must therefore face this contingency and pass judgment upon the wisdom of indirectly introducing the "banking principle" into our monetary circulation. If this principle is to be adopted, we should do it with our eyes wide open and judge of the present proposal by its possible consequences. If, how- ever, our national indebtedness increases, so that our bank-note circulation is still harnessed to government bonds, will any real advance be made toward an elastic credit currency? APPENDIX C CURRENCY BILLS IN CONGRESS THE ALDRICH VREELAND BILL, OR THE ACT OF MAY 30, 1908 ON May 28, 1908, the House of Representatives, after a debate of one hour, passed a bill, in which the Senate con- curred, to amend the national banking laws. It had not been considered by any regular committee of either branch of Congress, but was hastily put together by a republican caucus committee as a political rather than a financial ex- pedient, so that the Republicans might be able to say in the coming campaign that they had made provision for an "emergency currency" in case of a renewal of the stringency of the preceding autumn. The bill consisted of a part of a measure prepared somewhat earlier by Congressman Vree- land of New York, and of a part of the Aldrich bill which had previously passed the Senate. It embraces the principles of an " asset currency," which neither house of Congress had ever previously accepted. It must therefore be considered a step in the right direction. The bill was signed by the President and is now a law. The text of the measure follows : Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, that national banking associations, each having an unimpaired capital and a surplus of not less than twenty per centum, not less than ten in number, having an aggregate capital and surplus of at least five millions of dollars, may form voluntary associations to be desig- nated as national currency associations. The banks uniting to 440 CURRENCY BILLS IN CONGRESS 441 form such association shall, by their presidents or vice-presidents, acting under authority from the board of directors, make and file with the Secretary of the Treasury a certificate setting forth the names of the banks composing the association, the principal place of business of the association, and the name of the associa- tion, which name shall be subject to the approval of the Secre- tary of the Treasury. Upon the filing of such certificate the associated banks therein named shall become a body corporate, and by the name so designated and approved may sue and be sued and exercise the powers of a body corporate for the pur- poses hereinafter mentioned : Provided, that not more than one such national currency association shall be formed in any city : Provided, further, that the several members of such national currency association shall be taken, as nearly as conveniently may be, from a territory composed of a State or part of a State, or contiguous parts of one or more States : and Provided, further, that any national bank in such city or territory, having the quali- fications herein prescribed for membership in such national cur- rency association, shall, upon its application to and upon the approval of the Secretary of the Treasury, be admitted to mem- bership in a national currency association for that city or terri- tory, and upon such admission shall be deemed and held a part of the body corporate, and as such entitled to all the rights and privileges and subject to all the liabilities of an original mem- ber: and Provided, further, that each national currency associa- tion shall be composed exclusively of banks not members of any other national currency association. The dissolution, voluntary or othenvise, of any bank in such association shall not affect the corporate existence of the asso- ciation unless there shall then remain less than the minimum number of ten banks : Provided, however, that the reduction of the number of said banks below the minimum of ten shall not affect the existence of the corporation with respect to the asser- tion of all rights in favor of or against such association. The affairs of the association shall be managed by a board consisting of one representative from each bank. By-laws for the govern- ment of the association shall be made by the board, subject to 44 2 APPENDIX the approval of the Secretary of the Treasury. A president, vice- president, secretary, treasurer, and an executive committee of not less than five members, shall be elected by the board. The powers of such board, except in the election of officers and making of by-laws, may be exercised through its executive committee. The national currency association herein provided for shall have and exercise any and all powers necessary to carry out the purposes of this section, namely, to render available, under the direction and control of the Secretary of the Treasury, as a basis for additional circulation any securities, including commercial paper, held by a national banking association. For the purpose of obtaining such additional circulation, any bank belonging to any national currency association, having circulating notes out- standing secured by the deposit of bonds of the United States to an amount not less than forty per centum of its capital stock, and which has its capital unimpaired and a surplus of not less than twenty per centum, may deposit with and transfer to the associa- tion, in trust for the United States, for the purpose hereinafter provided, such of the securities above mentioned as may be satis- factory to the board of the association. The officers of the asso- ciation may thereupon, in behalf of such bank, make application to the Comptroller of the Currency for an issue of additional circulating notes to an amount not exceeding seventy-five per centum of the cash value of the securities or commercial paper so deposited. The Comptroller of the Currency shall immedi- ately transmit such application to the Secretary of the Treasury with such recommendation as he thinks proper, and if, in the judgment of the Secretary of the Treasury, business conditions in the locality demand additional circulation, and if he be satis- fied with the character and value of the securities proposed and that a lien in favor of the United States on the securities so deposited and on the assets of the banks composing the associa- tion will be amply sufficient for the protection of the United States, he may direct an issue of additional circulating notes to the association, on behalf of such bank, to an amount in his dis- cretion, not, however, exceeding seventy-five per centum of the cash value of the securities so deposited : Provided, that upon the CURRENCY BILLS IN CONGRESS 443 deposit of any of the State, city, town, county, or other munici- pal bonds, of a character described in section three of this Act, circulating notes may be issued to the extent of not exceeding ninety per centum of the market value of such bonds so deposited : and Provided, further, that no national banking association shall be authorized in any event to issue circulating notes based on commercial paper in excess of thirty per centum of its unimpaired capital and surplus. The term " commercial paper" shall be held to include only notes representing actual commercial transactions, which when accepted by the association shall bear the names of at least two responsible parties and have not exceeding four months to run. The banks and the assets of all banks belonging to the asso- ciation shall be jointly and severally liable to the United States for the redemption of such additional circulation ; and to secure such liability the lien created by section fifty-two hundred and thirty of the Revised Statutes shall extend to and cover the assets of all banks belonging to the association, and to the securities deposited by the banks with the association pursuant to the pro- visions of this Act ; but as between the several banks composing such association each bank shall be liable only in the proportion that its capital and surplus bears to the aggregate capital and surplus of all such banks. The association may, at any time, require of any of its constituent banks a deposit of additional securities or commercial paper, or an exchange of the securities already on deposit, to secure such additional circulation ; and in case of the failure of such bank to make such deposit or exchange the association may, after ten days' notice to the bank, sell the securities and paper already in its hands at public sale, and deposit the proceeds with the Treasurer of the United States as a fund for the redemption of such additional circulation. If such fund be insufficient for that purpose the association may recover from the bank the amount of the deficiency by suit in the circuit court of the United States, and shall have the benefit of the lien hereinbefore provided for in favor of the United States upon the assets of such bank. The association or the Secretary of the Treasury may permit or require the withdrawal of any such 444 . APPENDIX securities or commercial paper and the substitution of other securities or commercial paper of equal value therefor. SEC. 2. That whenever any bank belonging to a national currency association shall fail to preserve or make good its re- demption fund in the Treasury of the United States, required by section three of the Act of June twentieth, eighteen hundred and seventy-four, chapter three hundred and forty-three, and the pro- visions of this Act, the Treasurer of the United States shall notify such national currency association to make good such redemption fund, and upon the failure of such national currency association to make good such fund, the Treasurer of the United States may, in his discretion, apply so much of the redemption fund belonging to the other banks composing such national currency association as may be necessary for that purpose ; and such national currency association may, after five days' notice to such bank, proceed to sell at public sale the securities deposited by such bank with the association pursuant to the provisions of section one of this Act, and deposit the proceeds with the Treasurer of the United States as a fund for the redemption of the additional circulation taken out by such bank under this Act. SEC. 3. That any national banking association which has circulating notes outstanding, secured by the deposit of United States bonds to an amount of not less than forty per centum of its capital stock, and which has a surplus of not less than twenty per centum, may make application to the Comptroller of the Currency for authority to issue additional circulating notes to be secured by the deposit of bonds other than bonds of the United States. The Comptroller of the Currency shall transmit immedi- ately the application, with his recommendation, to the Secretary of the Treasury, who shall, if in his judgment business conditions in the locality demand additional circulation, approve the same, and shall determine the time of issue and fix the amount, within the limitations herein imposed, of the additional circulating notes to be issued. Whenever after receiving notice of such approval any such association shall deposit with the Treasurer or any assist- ant treasurer of the United States such of the bonds described in this section as shall be approved in character and amount by the CURRENCY BILLS IN CONGRESS 445 Treasurer of the United States and the Secretary of the Treasury, it shall be entitled to receive, upon the order of the Comptroller of the Currency, circulating notes in blank, registered and counter- signed as provided by law, not exceeding in amount ninety per centum of the market value, but not in excess of the par value of any bonds so deposited, such market value to be ascertained and determined under the direction of the Secretary of the Treasury. The Treasurer of the United States, with the approval of the Secretary of the Treasury, shall accept as security for the addi- tional circulating notes provided for in this section, bonds or other interest-bearing obligations of any State of the United States, or any legally authorized bonds issued by any city, town, county, or other legally constituted municipality or district in the United States which has been in existence for a period of ten years, and which for a period of ten years previous to such deposit has not defaulted in the payment of any part of either principal or inter- est of any funded debt authorized to be contracted by it, and whose net funded indebtedness does not exceed ten per centum of the valuation of its taxable property, to be ascertained by the last preceding valuation of property for the assessment of taxes. The Treasurer of the United States, with the approval of the Secre- tary of the Treasury, shall accept, for the purposes of this section, securities herein enumerated in such proportions as he may from time to time determine, and he may with such approval at any time require the deposit of additional securities, or require any association to change the character of the securities already on deposit. SEC. 4. That the legal title of all bonds, whether coupon or registered, deposited to secure circulating notes issued in accord- ance with the terms of section three of this Act shall be trans- ferred to the Treasurer of the United States in trust for the association depositing them, under regulations to be prescribed by the Secretary of the Treasury. A receipt shall be given to the association by the Treasurer or any assistant treasurer of the United States, stating that such bond is held in trust for the asso- ciation on whose behalf the transfer is made, and as security for the redemption and payment of any circulating notes that have 44^ APPENDIX been or may be delivered to such association. No assignment or transfer of any such bond by the Treasurer shall be deemed valid unless countersigned by the Comptroller of the Currency. The provisions of sections fifty-one hundred and sixty-three, fifty-one hundred and sixty-four, fifty-one hundred and sixty-five, fifty-one hundred and sixty-six, and fifty-one hundred and sixty-seven and sections fifty-two hundred and twenty-four to fifty-two hundred and thirty-four, inclusive, of the Revised Statutes respecting United States bonds deposited to secure circulating notes shall, except as herein modified, be applicable to all bonds deposited under the terms of section three of this Act. SEC. 5. That the additional circulating notes issued under this Act shall be used, held, and treated in the same way as circulating notes of national banking associations heretofore issued and secured by a deposit of United States bonds, and shall be subject to all the provisions of law affecting such notes except as herein expressly modified : Provided, that the total amount of circulating notes outstanding of any national banking association, including notes secured by United States bonds as now provided by law, and notes secured otherwise than by deposit of such bonds, shall not at any time exceed the amount of its unimpaired capital and surplus : and Provided, further, that there shall not be outstanding at any time circulating notes issued under the provisions of this Act to an amount of more than five hundred millions of dollars. SEC. 6. That whenever and so long as any national banking association has outstanding any of the additional circulating notes authorized to be issued by the provisions of this Act it shall keep on deposit in the Treasury of the United States, in addition to the redemption fund required by section three of the Act of June twentieth, eighteen hundred and seventy-four, an additional sum equal to five per centum of such additional circulation at any time outstanding, such additional five per centum to be treated, held, and used in all respects in the same manner as the original redemption fund provided for by said section three of the Act of June twentieth, eighteen hundred and seventy-four. CURRENCY BILLS IN CONGRESS 447 SEC. 7. In order that the distribution of notes to be issued under the provisions of this Act shall be made as equitable as practicable between the various sections of the country, the Secre- tary of the Treasury shall not approve applications from associa- tions in any State in excess of the amount to which such State would be entitled of the additional notes herein authorized on the basis of the proportion which the unimpaired capital and surplus of the national banking associations in such State bears to the total amount of unimpaired capital and surplus of the national banking associations of the United States : Provided, however, that in case the applications from associations in any State shall not be equal to the amount which the associations of such State would be entitled to under this method of distribution, the Sec- retary of the Treasury may, in his discretion, to meet an emer- gency, assign the amount not thus applied for to any applying association or associations in States in the same section of the country. SEC. 8. That it shall be the duty of the Secretary of the Treasury to obtain information with reference to the value and character of the securities authorized to be accepted under the provisions of this Act, and he shall from time to time furnish information to national banking associations as to such securities as would be acceptable under the provisions of this Act. SEC. 9. That section fifty-two hundred and fourteen of the Revised Statutes, as amended, be further amended to read as follows : "SEC. 5214. National banking associations having on deposit bonds of the United States, bearing interest at the rate of two per centum per annum, including the bonds issued for the con- struction of the Panama Canal, under the provisions of section eight of 'An Act to provide for the construction of a canal con- necting the waters of the Atlantic and Pacific oceans,' approved June twenty-eight, nineteen hundred and two, to secure its circu- lating notes, shall pay to the Treasurer of the United States, in the months of January and July, a tax of one-fourth of one per centum each half year upon the average amount of such of its notes in circulation as are based upon the deposit of such bonds ; 448 APPENDIX and such associations having on deposit bonds of the United States bearing interest at a rate higher than two per centum per annum shall pay a tax of one-half of one per centum each half year upon the average amount of such of its notes in circulation as are based upon the deposit of such bonds. National banking associations having circulating notes secured otherwise than by bonds of the United States shall pay for the first month a tax at the rate of five per centum per annum upon the average amount of such of their notes in circulation as are based upon the deposit of such securities, and afterwards an additional tax of one per centum per annum for each month until a tax of ten per centum per annum is reached, and thereafter such tax of ten per centum per annum, upon the average amount of such notes. Every national banking association having outstanding circulating notes secured by a deposit of other securities than United States bonds shall make monthly returns, under oath of its president or cashier, to the Treasurer of the United States, in such form as the Treasurer may prescribe, of the average monthly amount of its notes so secured in circulation ; and it shall be the duty of the Comptroller of the Currency to cause such reports of notes in circulation to be verified by examination of the banks' records. The taxes received on circulating notes secured otherwise than by bonds of the United States shall be paid into the Division of Re- demption of the Treasury and credited and added to the reserve fund held for the redemption of United States and other notes." SEC. 10. That section nine of the Act approved July twelfth, eighteen hundred and eighty-two, as amended by the Act approved March fourth, nineteen hundred and seven, be further amended to read as follows : " SEC. 9. That any national banking association desiring to withdraw its circulating notes, secured by deposit of United States bonds in the manner provided in section four of the Act approved June twentieth, eighteen hundred and seventy-four, is hereby authorized for that purpose to deposit lawful money with the Treasurer of the United States and, with the consent of the Comptroller of the Currency and the approval of the Secretary of the Treasury, to withdraw a proportionate amount of bonds held CURRENCY BILLS IN CONGRESS 449 as security for its circulating notes in the order of such deposits : Provided, that not more than nine millions of dollars of lawful money shall be so deposited during any calendar month for this purpose. " Any national banking association desiring to withdraw any of its circulating notes, secured by the deposit of securities other than bonds of the United States, may make such withdrawal at any time in like manner and effect by the deposit of lawful money or national bank notes with the Treasurer of the United States, and upon such deposit a proportionate share of the securities so deposited may be withdrawn: Provided, that the deposits under this section to retire notes secured by the deposit of securities other than bonds of the United States shall not be covered into the Treasury, as required by section six of an Act entitled ' An Act directing the purchase of silver bullion and the issue of Treasury notes thereon, and for other purposes,' approved July fourteen, eighteen hundred and ninety, but shall be retained in the Treasury for the purpose of redeeming the notes of the bank making such deposit." SEC. 1 1. That section fifty-one hundred and seventy-two of the Revised Statutes be, and the same is hereby, amended to read as follows : "SEC. 5172. In order to furnish suitable notes for circulation, the Comptroller of the Currency shall, under the direction of the Secretary of the Treasury, cause plates and dies to be engraved, in the best manner to guard against counterfeiting and fraudulent alterations, and shall have printed therefrom, and numbered, such quantity of circulating notes, in blank, of the denominations of five dollars, ten dollars, twenty dollars, fifty dollars, one hundred dollars, five hundred dollars, one thousand dollars, and ten thou- sand dollars, as may be required to supply the associations entitled to receive the same. Such notes shall state upon their face that they are secured by United States bonds or other securities, certi- fied by the written or engraved signatures of the Treasurer and Register and by the imprint of the seal of the Treasury. They shall also express upon their face the promise of the association receiving the same to pay on demand, attested by the signature of APPENDIX the president or vice-president and cashier. The Comptroller of the Currency, acting under the direction of the Secretary of the Treasury, shall as soon as practicable cause to be prepared circu- lating notes in blank, registered and countersigned, as provided by law, to an amount equal to fifty per centum of the capital stock of each national banking association ; such notes to be deposited in the Treasury or in the sub-treasury of the United States nearest the place of business of each association, and to be held for such association, subject to the order of the Comptroller of the Cur- rency, for their delivery as provided by law : Provided, that the Comptroller of the Currency may issue national bank notes of the present form until plates can be prepared and circulating notes issued as above provided : Provided, however, that in no event shall bank notes of the present form be issued to any bank as additional circulation provided for by this Act." SEC. 12. That circulating notes of national banking associa- tions, when presented to the Treasury for redemption, as provided in section three of the Act approved June twentieth, eighteen hundred and seventy-four, shall be redeemed in lawful money of the United States. SEC. 13. That all acts and orders of the Comptroller of the Currency and the Treasurer of the United States authorized by this Act shall have the approval of the Secretary of the Treasury who shall have power, also, to make any such rules and regula- tions and exercise such control over the organization and manage- ment of national currency associations as may be necessary to carry out the purposes of this Act. SEC. 14. That the provisions of section fifty-one hundred and ninety-one of the Revised Statutes, with reference to the reserves of national banking associations, shall not apply to deposits of public moneys by the United States in designated depositaries. SEC. 15. That all national banking associations designated as regular depositaries of public money shall pay upon all special and additional deposits made by the Secretary of the Treasury in such depositaries, and all such associations designated as tempo- rary depositaries of public money shall pay upon all sums of public money deposited in such associations interest at such rate as the CURRENCY BILLS IN CONGRESS 451 Secretary of the Treasury may prescribe, not less, however, than one per centum per annum pon the average monthly amount of such deposits: Provided, however, that nothing contained in this Act shall be construed to change or modify the obligation of any association or any of its officers for the safe-keeping of public money : Provided, further, that the rate of interest charged upon such deposits shall be equal and uniform throughout the United States. SEC. 1 6. That a sum sufficient to carry out the purposes of the preceding sections of this Act is hereby appropriated out of any money in the Treasury not otherwise appropriated. SEC. 17. That a Commission is hereby created, to be called the " National Monetary Commission," to be composed of nine members of the Senate, to be appointed by the Presiding Officer thereof, and nine members of the House of Representatives, to be appointed by the Speaker thereof ; and any vacancy on the Commission shall be filled in the same manner as the original appointment. SEC. 1 8. That it shall be the duty of this Commission to inquire into and report to Congress at the earliest date practi- cable, what changes are necessary or desirable in the monetary system of the United States or in the laws relating to banking and currency, and for this purpose they are authorized to sit during the sessions or recess of Congress, at such times and places as they may deem desirable, to send for persons and papers, to administer oaths, to summons and compel the attendance of witnesses, and to employ a disbursing officer and such secretaries, experts, stenographers, messengers, and other assistants as shall be necessary to carry out the purposes for which said Commission was created. The Commission shall have the power, through subcommittee or otherwise, to examine witnesses and to make such investigations and examinations, in this or other countries, of the subjects committed to their charge as they shall deem necessary. SEC. 19. That a sum sufficient to carry out the purposes of sections seventeen and eighteen of this Act, and to pay the neces- sary expenses of the Commission and its members, is hereby appropriated, out of any money in the Treasury not otherwise 452 APPENDIX appropriated. Said appropriation shall be immediately available and shall be paid out on the audit and order of the chairman or acting chairman of said Commission, which audit and order shall be conclusive and binding upon all Departments as to the correct- ness of the accounts of such Commission. SEC. 20. That this Act shall expire by limitation on the thir- tieth day of June, nineteen hundred and fourteen. Approved May 30, 1908. The Commission appointed in pursuance of the foregoing act consists of : SENATORS REPRESEOTATIVES Nelson W. Aldrich, R.I. E. B. Vreeland, N.Y. Wm. B. Allison, Iowa Jesse Overstreet, Ind. Eugene Hale, Maine J. W. Weeks, Mass. P. C. Knox, Pa. Theo. E. Burton, Ohio J. C. Burrows, Mich. S. C. Smith, Cal. J. W. Bailey, Tex. G. F. Burgess, Tex. H. D. Money, Miss. A. P. Pujo, La. J. W. Daniel, Va. L. P. Padgett, Tenn. H. M. Teller, Colo. R. W. Bonynge, Colo. Thus the act of May 30, 1908, authorizes, in two different ways, the issue of national bank notes additional to those heretofore existing, namely : i. By the pledging of any securities including commercial paper, representing actual commercial transactions and bear- ing two or more responsible signatures, and running not more than four months. Such securities and paper shall remain in the custody of the national currency association to which the bank applying for the circulating notes belongs. The amount of notes i-ssuable thereon shall not exceed 75 per cent of the cash value thereof. All the banks in the currency association are jointly and severally liable for all the circulating notes so issued. CURRENCY BILLS IN CONGRESS 453 2. By the transfer to the custody of the Treasurer of the United States of any bonds, or other interest bearing obligations, of any state of the United States, or of any legally authorized bonds of any city, town, county, municipality, or district in the United States. Against such securities circu- lating notes may be issued not exceeding 90 per cent of their market value. All of the securities in both categories are subject to the approval of the Secretary of the Treasury, who may require additional securities, or a substitution of other securities, in any case where he deems the existing ones insufficient. The national currency associations may exercise the same powers and make the same requirement in respect of the securities deposited with them by any bank in their respective associ- ations. Bank notes in either of these categories shall be subject to a tax of 5 per cent per annum for the first month and afterwards to an additional tax of i per cent for each month until a tax of 10 per cent per annum is reached, which rate shall continue as long as they remain outstanding. For all such notes the issuing bank must keep a redemption fund in the Treasury of the United States of 10 per cent, i.e., 5 per cent more than the amount required for the redemption of notes issued against government bonds. The Treasury assumes the responsibility of redeeming the notes of all failed banks. A national currency association has been formed in New York City under the terms of this act, and similar movements are in progress in other parts of the country, but it is doubt- ful whether any applications will be made for bank notes subject to the taxes imposed thereon. 454 APPENDIX THE FOWLER BILL Hon. Charles N. Fowler, chairman of the House Commit- tee on Banking and Currency, introduced a bill, January 8, 1908, which proceeded upon what is known as the " asset currency" plan of issuing frank notes, and introduced radical changes, which were mainly wholesome ones, in the national banking system. It was bottomed upon the sound principle that gold, not government debt, should be the basis of our currency system, and it provided means for gradually retiring the greenbacks and substituting gold certificates in their place. It provided for dividing the country into redemp- tion districts, with a redemption city in each, where all banks in the district should be required to redeem their notes on demand. Each redemption district should choose a board of managers, who should be required to examine all banks in their district from time to time. A general guaranty fund of 5 per cent on both circulation and deposits should be contributed as a fund to guarantee the payment of all notes and deposits of failed banks, and in case of the failure of any bank in the district the others would be responsible for one-tenth of the loss, this being a penalty for negligence in the mutual examinations aforesaid. It provided for the gradual retirement of the existing bond-secured currency and the issue of circulating notes based upon the commercial assets of the banks ; also for the redemption of the out- standing bonds of the United States at the price paid for them by the holders. Any bank having a capital and surplus equal to $150,000 might do a trust company business. The government should deposit all its receipts in national banks without special security and receive interest thereon at the rate of 2 per cent per annum. The Fowler Bill received the approval of a majority of the House Committee on Banking and Currency, but no further CURRENCY BILLS IN CONGRESS 455 action was taken on it. In principle it was a sound measure, but it sought to accomplish more reforms than the public mind could assimilate at one time, and its progress in the halls of legislation was too slow for the supposed exigencies of an approaching presidential election. BIBLIOGRAPHY ADAMS, HENRY C. : Public Debts ; an Essay in the Science of Finance. New York, 1887. The Science of Finance. New York, 1898. BOLLES, A. S. : Financial History of the United States. New York, 1879-1886. BOURNE, EDWARD G.: The History of the Surplus Revenue of 1837. New York, 1885. BRECKENRIDGE, R. M.: The Canadian Banking System, 1817- 1890. Toronto, 1894. BRONSON, HENRY: An Historical Account of Connecticut Cur- rency, Continental Money, and the Finances of the Revolution. New Haven, 1865. BROUGH, WILLIAM : The Natural Law of Money. New York, 1894. BULLOCK, CHARLES J.: Essays on the Monetary History of the United States. New York, 1900. BURNETT, GEORGE E. : State Banking in the United States since the Passage of the National Bank Act. Johns Hopkins Press, Baltimore, 1902. CAIRNES^ J. E. : Essays in Political Economy. London, 1873. CANNON, JAMES G. : The Clearing House. New York, 1900. CAPERS, HENRY D. : Life and Times of C. G. Memminger. Rich- mond, 1893. CARLILE, W. W. : The Evolution of Modern Money. London, 1902. CATTERALL, R. H. C. : The Second Bank of the United States. Chicago, 1903. 45 6 BIBLIOGRAPHY 457 CLARKE, M. ST. CLAIR, and HALL, D. A.: Legislative and Documentary History of the Bank of the United States. Washington, 1832. CONANT, C. A. : A History of Modern Banks of Issue. New York, 1896. The Principles of Money and Banking. New York, 1905. Currency Problems and the Present Financial Situation. Essays issued by the Columbia University Press, 1908. DAVIS, ANDREW MCFARLAND: Currency and Banking in the Province of Massachusetts Bay. The American Economic Association. 2 vols. 1900-1901. DEWEY, DAVIS R. : The Financial History of the United States. New York, 1903. DOUGLASS, WILLIAM : A Discourse concerning the Currencies of the British Plantations in America. The American Eco- nomic Association (reprint), 1897. DUNBAR, CHARLES F. : Chapters on the Theory and History of Banking. New York, 1894. Economic Essays. New York, 1904. FELCH, ALPHEUS: Early Banks and Banking in Michigan (pamphlet). FELT, JOSEPH B.: An Historical Account of Massachusetts Cur- rency. Boston, 1839. FISHER, IRVING: Appreciation and Interest. The American Economic Association, 1896. GIBBONS, J. S.: The Banks of New York; their Dealers, the Clearing House, and the Panic of 1857. New York, 1859. GOSCHEN, GEORGE J. : The Theory of the Foreign Exchanges. London, 1876. GOUGE, WILLIAM M. : A Short History of Paper Money and Banking in the United States. New York, 1835. Hamilton, Alexander, Works of. Edited by Henry Cabot Lodge. New York, 1885. HAMMOND, JABEZ D.: The History of Political Parties in the State of New York, from the Ratification of the Federal Constitution to December, 1840. Albany, 1843. 458 BIBLIOGRAPHY HEPBURN, A. BARTON : History of Coinage and Currency in the United States and the Perennial Contest for Sound Money. New York, 1903. HICKCOX, J. H. : A History of the Bills of Credit issued by New York from 1709 to 1789. Albany, 1866. History of Banking in All Nations, published by the Journal of Commerce and Commercial Bulletin. 4 vols. New York, 1 896. JEVONS, W. STANLEY : Money and the Mechanism of Exchange. New York, 1876. JOHNSON, JOSEPH FRENCH : Money and Currency. Boston, 1906. KEMMERER, E. W. : Money and Prices. New York, 1907. KINLEY, DAVID : The History, Organization, and Influence of the Independent Treasury of the United States. New York, 1892. KIRKBRIDE, F. B., and STERRETT, J. E. : The Modern Trust Company, its Functions and Organization. New York, 1906. KNOX, JOHN JAY : United States Notes ; a History of the Various Issues of Paper Money by the Government of the United States. New York, 1884. History of Banking in the United States. New York, 1900. LAUGHLIN, J. L. : History of Bimetallism in the United States. New York, 1886. The Principles of Money, Vol. I. New York, 1903. LEWIS, LAWRENCE, JR. : A History of the Bank of North America. Philadelphia, 1882. LINDERMAN, H. R. : Money and Legal Tender. New York, 1887. LIVERPOOL, EARL OF : A Treatise on the Coins of the Realm (reprint). London, 1880. MACLEOD, HENRY DUNNING: Theory and Practice of Banking. 5th ed. London, 1892. Bimetallism. London, 1894. McCuLLOCH, HUGH : Men and Measures of Half a Century. New York, 1889. McViCKAR, JOHN : Hints on Banking, in a Letter to a Gentleman in Albany (pamphlet). 1827. MITCHELL, WESLEY C. : A History of Greenbacks. Chicago, 1903. BIBLIOGRAPHY 459 Monetary Commission of the Indianapolis Convention, Final Report of. University of Chicago Press, 1898. MUHLEMAN, MAURICE L. : Monetary Systems of the World. New York, 1895. NEVVCOMB, SIMON : A Critical Examination of our Financial Policy during the Southern Rebellion. New York, 1865. NOYES, ALEXANDER DANA: Thirty Years of American Finance. New York, 1898. PHILLIPS, HENRY, JR.: Historical Sketches of American Paper Currency. Roxbury, Mass., 1866. Practical Problems in Banking and Currency. Selected addresses, edited by Walter Henry Hull. New York, 1907. RAGUET, CONDY : A Treatise on Currency and Banking. Phila- delphia, 1839. RICHMOND, JOHN W. : Rhode Island Repudiation, or the History of the Revolutionary Debt of Rhode Island. Providence, 1855. RIDGEWAY, WILLIAM : The Origin of Metallic Currency and Weight Standards. Cambridge University Press, 1892. RIPLEY, WILLIAM ZEBINA: Financial History of Virginia, 1609- 1776. (Columbia College Studies.) 1893. ROOT, L. CARROLL : New York Bank Currency (pamphlet). New York r 1895. New England Bank Currency (pamphlet). New York, 1895. SCHWAB, J.C.: The Confederate States of America, 1861-1865. New York, 1902. SCOTT, WILLIAM A.: Money and Banking. New York, 1903. SHAW, W. A.: The History of Currency, 1252-1894. London, 1895. SOMERS, ROBERT : The Scotch Banks and System of Issue. Edinburgh, 1873. SPAULDING, E. G. : History of the Legal-Tender Paper Money issued during the Great Rebellion, being a Loan without Interest and a National Currency. 2d ed. Buffalo, 1869. SUMNER, W. G. : History of American Currency. New York. 1874- 460 BIBLIOGRAPHY SUMNER, W. G. : Life of Andrew Jackson as a Public Man. Boston, 1882. The Financier and the Finances of the American Revolu- . tion. New York, 1891. A History of Banking in the United States, being part of A History of Banking in All Nations, published by the Jour- nal of Commerce and Commercial Bulletin. New York, 1896. TAUSSIG, F. W. : The Silver Situation in the United States. 2d ed. New York, 1896. UPTON, J. K. : Money in Politics. Boston, 1885. . WALKER, FRANCIS A.: Political Economy. New York, 1883. Money. New York, 1878. Money in its Relation to Trade and Industry. New York, 1879- WARBURG, PAUL M. A Modified Central Bank of Issue (pam- phlet). New York, 1908. WATSON, D. K. : History of American Coinage. New York, 1899. WEBSTER, PELATIAH : P9litical Essays on the Nature and Opera- tion of Money, Public Finances, and Other Subjects. Phila- delphia, 1791. WHITNEY, D. R. : The Suffolk Bank. Cambridge, Mass., 1878. WILLIS, HENRY PARKER: A History of the Latin Monetary Union. University of Chicago Press, 1901. INDEX Abrasion of coin, 24. Acceptances, 208. Accommodation paper, 207. Aldrich-Vreeland bill, 440. Allison, William B., 170. American Bankers' Commission Report on the Currency, 433. Aristotle on the origin of money, 2. Attributes of good money, 10-12. Australia, gold production of, 50, 54- Austria-Hungary adopts gold standard, 69. B Bank, functions of a, 193-204; meaning of term, 193; a manu- factory of credit, 1 94 ; discounts, 195 ; deposits, 195 ; reserves, 197, 211 ; circulating notes, 198, 335' 35 2 ; utility of, 199; origin of, 200; statement, 205-215; note redemption fund, 212, 353. Banking, colonial, 232-243 ; early American, 244-253. "Banking principle" of note issues, 297, 387. Banking system : Bank of Amster- dam, 233 ; Bank of the United States, first, 254-265 ; second, 267-302 ; Suffolk, of Massa- chusetts, 291-302 ; safety fund, 303-310; bond deposit, 311- 321 ; Canadian, 381 ; Scotch, 378. Biddle, Nicholas, 274-289. Bills of credit, colonial, 79-89; revolutionary, 91-105; post-revo- lutionary, 104. Bills of exchange, 208. Bills of lading, 209. "Black Friday," 128. Bland, R. P., 169. Bonds of the United States, no, 117, 151, 182, 184, 351, 414. Boutwell, George S., 153. Branch banks, 272, 334, 379, 383, 419. C California, private gold coinage of, 8, 9 ; first gold discovered in, 50; present production of, 54; adheres to gold standard, 129; specific contract law in, 132. Canadian Bank system, 381-385. Carlisle, John G., 177, 181-187. Cash credits, 208, 378. Central Bank question, 424-430. Certified checks, 213. Chamber of Commerce of New York Report on the Currency, 43 1 - Chaos of banking in the XIX century, 322-332. Chase, Salmon P., 107-134, 348. Clay, Henry, 261, 283. 461 462 INDEX Clearing house, 216-228; loan certificates, 224. Cleveland, Grover, as President, calls Congress in extra session, 1 80; Venezuela message of, . 186. Coinage, 16-29; coins of Massa- chusetts, 26 ; first United States coinage act, 32 ; second, 34 ; third, 36; fourth, 37. Collamer, Jacob, 112. Colonial banking, 232-243. Colorado, gold production of, 52, 54- Commercial crises, 178. Comstock lode, 50, 51. Confederate Currency, 140-149. Cortelyou, George 13., Secretary of the Treasury, 411. Counterfeit notes, 328. "Crime of 1873," 168. "Currency principle" of note issues, 298. Deficit in the Treasury, 161, 181, 187. Deposits, 195; interest on, 213; public, 269, 358, 407, 408. Dewey, Davis R., 437. Discount of commercial paper, 195, 206. E Elasticity of note issues, 316, " Emergency circulation," 422. England, adopts the gold standard, 63; Bank of, 369-377. Examiners of national banks, 357. Extension of public debt, 404. F Fessenden, William Pitt, 112, 119. Foreign banking systems, 369-399. Forgan, James B., 366, 367, 422, Forman, Joshua, 305. Fowler bill, 454. Fractional currency, 116. France, adopts the gold standard, 68 ; Bank of, 385-390. Free bank system, 311321. Gallatin, Albert, 259-265, 279. Georgia, banking disorders in, 325. Germany, adopts the gold stand- ard, 65 ; Imperial Bank of, 390- 394- Gilbert, Alexander, 416, 419. Gold, not wholly free from varia- tions of value, 12; bullion, 20; private coins, 22 ; mint price of, 23 ; as a metal, 41-48 ; its affinity for quicksilver, 42 ; placer, 42 ; hydraulic mining of, 44 ; quartz crushing, 45 ; chlorination, 46 ; cyanide process, 46; production, 49-59; effect on prices, 55; standard, 60-77 ; adopted by England, 63 ; by the United States, 64 ; by Germany, 65 ; by Austria-Hungary,, 69 ; by India, 72; by Japan, 72; by Russia, 74; by France and the Latin Union, 68 ; by Mexico, 75 ; anti- gold law, 119; gold exchange bank, 126; gambling, 127; con- tracts enforceable notwithstand- ing legal-tender act, 1 33 ; imports in 1879 and 1880, 157; in 1908, INDEX 463 413; the Gold Standard Act of 1900, 161 ; certificates, 164. Grant, U. S., as President, vetoes the Inflation bill, 153. Greenbacks, 106-139. Gresham's Law, 25. Hamilton, Alexander, report on the mint, 31 ; views on banking, 196; on the Bank of New York, 248; on first Bank of the United States, 254-257. Hayes, R. B., elected President of the United States, 156; vetoes Bland silver bill, 170. Hepburn, A. B., 364, 433. Hepburn case in the Supreme Court, 134. I Illinois, free banks of, 316. India, adopts the gold standard, 72; stops coining silver, 178. Indiana, free banks of, 319; State Bank of, 333-338. Inflation bill, 153; inflationists, 169. J Jackson, Andrew, President of the United States, 276; makes attack on Bank of the United States, 278 ; vetoes charter, 286 ; removes public deposits, 287. Japan adopts the gold standard, 72. Jefferson, Thomas, opposes char- ter of the first Bank of the United States, 256. Julliard vs. Greenman in the Su- preme Court, 135. Kelley, W. D., 169. Kemmerer, E. W., 56, 57. Klondike, gold production of, 52. Knickerbocker Trust Company, 411. Knox, John J., 36, 37. Land banking, 234. Latin Monetary Union, 68. Legal tender, 30-40 ; origin of, 30 ; significance of, 31 ; law of United States in 1792, 31 ; in l8 34. 34; in 1873, 36;. present varieties of, 38; act of 1862, no; $150,000,000 notes (green- backs) authorized, no; $150,- 000,000 additional authorized, 113; $100,000,000 additional authorized, 115; interest-bearing notes, 115; compound-interest notes, 1 1 6 ; effect of, on wages, 123; on prices of commodities, 124; legal-tender cases in the Supreme Court, 134. Letters of credit, 209. Liability of shareholders, 335-352. Loans and discounts, 206. " Locofocos," 311. Louisiana Bank Act of 1842, 343. M McCulloch, Hugh, 152, 335, 349. McKinley, William, 160. Macleod, H. D., 374. Madison, James, 268. Manning, Daniel, 173. Massachusetts, Bank of, 247; gen- eral banking law of, 300 ; Land Bank Scheme in, 238. 464 INDEX Memminger, C. G., 140-145. Michigan, " wild-cat banks " in, 326. Mint price of gold, 23. Monetary conference, interna- tional, 76. Money of account, 28. Morris, Robert, 244. Mortgage loans, 338, 351. N National bank system, 348-359 ; condition on August 22, 1908, 359- New England colonies, early cur- rency of, 6-7 ; colonial banking, experiments in, 232-243. New London Society for Trade and Commerce, 236. New Netherland, first local cur- rency of, 7. New York, Bank of, 248.. North America, Bank of, 244. North Carolina, chaos of banking in, 324. Note holders' prior lien on bank assets, 300, 306, 380, 382. Ohio, State Bank of, 343. Origin of money, 2. Panic of 1893, 202; of i'9O7, 411. Paper currency, denominations of, 165. Paris Monetary Conference, 76. Pennsylvania legislature repeals charter of Bank of North Amer- ica, 246; reenacts it, 247. Pine-tree shilling, 26. Post notes, 271. Present problems, 416-423. Premium on currency, 413. Private banks, 362. Quantity theory, 57. R Receivers of national banks, 357. Reports of national banks, 357. Reserves, banking, 197, 363, 366. Rhode Island, Si, 237. Ridgely, William B., Comptroller of the Currency, 428. Russia adopts the gold standard, 74. Safety fund system, 303-310. Scotch bank system, 378-381. Seigniorage, 19. Shaw, Leslie M., Secretary of the Treasury, 407-410. Sherman, John, Senator, 154 ; Secretary of the Treasury, 156; silver act, 159. Silver dollar, 16; in panic of 1893, 167-192; Bland Act, 169; Alli- son amendment, 170; vetoed by President Hayes and repassed, 170; silver certificates, 171; Sherman Act of 1890, 175 ; panic of 1893, 180 ; coinage of bullion purchased under the Sherman Act, 187; total coinage under all acts, 188. Smith, George, 338. South Africa, gold production of, 5 1 - South Carolina, rice currency in, 7,8. INDEX 465 Spanish dollar, 25. Spaulding, E. G., no. Specie payments, suspensions of, 3 2 3- Specie reserve, in Massachusetts, 299 ; in Louisiana, 343. Specie resumption act, 154; un- successful attempt to repeal, 155; carried into effect, 1 56. Specific Contract Law in Cali- fornia, 132. Speculation in bank charters, 322. Standard of value, 18. State Banks, 361-368. Stevens, Thaddeus, 113. Stock notes, 291. Subsidiary coins, 16. Suffolk Bank system, 291-302. Supreme Court decisions, 133. Surplus of banks, 214. Taxes on circulating notes, 354, 392, 423- Tennessee and Kentucky, skin currency in, 8. Tobacco currency, 3-5. Token coins, 16. Trade is barter even when money is employed, 10; trade dollar, 37- Treasury Department, divisions of issue and redemption in, 162. Treasury notes, in the War of 1812, 1 06; in the financial crisis of 1837, 106; in the war with Mexico, 107 ; of the Confederate States, 140-147; of 1890, 159. Trust companies, .363-368. Value, standard of, 18. Venezuela message of President Cleveland, 186. Virginia, tobacco money in, 3-5. W Wampum, 2, 3, 7. Warburg, Paul M., plan for a cen- tral bank of issue, 428. War financiering, 122. Washington, George, views on bills of credit, 95, 96 ; action on first Bank of the United States, 256. Webster, Daniel, 267, 270. Webster, Pelatiah, 92, 97. Wheat harvest of 1891, 176. " Wild-cat banks," 327. Wisconsin, free banks of, 319; Marine and Fire Insurance Co., 339- Witwatersrand, gold production of, 51. Woodbury, Levi, 300. ' SOUTHERN REGIONAL LIBRARY FACILITY II I II II II III A A 000059642 9