THE year 1844 marks a
distinct revolution in the constitution of banking in the United
Kingdom. Owing to the pernicious effects of special legislation in
favour of the Bank of England, the natural development of banking in
England had been greatly hampered. The Bank of England would neither
themselves supply the necessities of the provinces (indeed, they could
not have done so to more than a small extent), nor would they allow any
other powerful establishment to minister to them. The consequence was
that English provincial banking was perforce conducted by small private
partnerships, whose responsibility was, as far as the public was
concerned, a matter entirely of faith or conjecture. Until 1826 not more
than six persons were permitted to associate themselves for the purpose
of carrying on the business of banking. Thus for a period of one hundred
and thirty-two years from the formation of the Bank of England, every
encouragement was given to weak bankers; strong banks (with one
exception) were absolutely prohibited; and the one powerful
establishment, for whose special benefit the public interests were
ignored, was not required, nor did it spontaneously endeavour, to supply
the vacuum.
From this state of
matters it very naturally followed that every financial crisis produced
a long list of bank failures, and that, periodically, an outcry was made
about the insecurity of bank notes. That the results were not worse than
they actually proved, must be attributed to the general respectability
of the persons with whom the public entrusted their financial affairs,
and not to any beneficial element in banking legislation. That was
tinkered from time to time, each operation encroaching slightly on the
monopoly of the Bank of England; but the monopoly itself, the real
element of weakness, was ever regarded as too sacred an institution to
be absolutely removed. No Government would face such a daring operation,
nor is it probable that any actually recognised it as the proper remedy.
In 1826, as we have already seen, the nearest approach to this course
was taken ; but the operation was only half accomplished.
Sir Robert Peel's
powerful and practical mind recognised the necessity of putting banking
legislation on a proper footing. He saw the weaknesses of the existing
system, and wisely determined to remove them. His diagnosis of the case
was, however, in one essential particular, very deficient, and his
treatment was hampered by preconceived ideas. He certainly did good—he
succeeded in establishing the convertibility of bank notes, or, at
least, in minimising the danger of their proving inconvertible. But he
accomplished this by creating a most cumbrous and artificial system to
supersede a simple but pernicious one, in place of sweeping away all
monopolies and permitting a healthy and natural development. He failed
to study exhaustively the history of the case. He saw correctly enough
the existing condition; he saw that banks were weak, and that notes were
sometimes not convertible either on demand or at any subsequent period.
He therefore came to the conclusion that the system of private issues
was bad, and should be discouraged. He appears entirely to have
overlooked the vast public benefits derivable from such issues; the
danger attaching to them was too close to his mind's eye to allow him an
unbiassed judgment.
All that he really
contended for—that is, the convertibility of the note—might have been
effectually secured without paralysing the provincial issues. He might
have absolutely abolished issues without security, provided the right of
issue had been preserved, and the public interests would not have been
injured; but by drawing a hard and fast line, beyond which issues could
not go, he prevented bankers from ministering to the wants of the public
in as great a measure as they might have done. He seized the idea that
note-issuing and banking were essentially distinct; that the former was
the prerogative of the State, and that the latter should be conducted
without connection with the former. He refused to recognise the danger
of entrusting Governments with the power of paper issues, and he failed
to appreciate the great public benefit of the association of issuing
with general banking. He therefore devised a measure which should so far
conciliate existing interests, but tend to the abolition of private
issues, and leave the trade of banking absolutely free. As we will see,
lie succeeded in establishing a new monopoly, and in restricting the
freedom of banking.
On 7th May 1844, he
introduced a bill, which, on 19th July following, became the Act 7 and 8
Viet., c. 3 2, "to regulate the issue of bank notes, and for giving the
Governor and Company of the Bank of England certain privileges for a
limited period." We cannot do better than quote the words of a
contemporary writer in describing the Act:--"The Bank's charter was
renewed by the Act 7 and 8 Viet., cap. 32, 19th July 1844. Its chief
points were as follows:-1. After 31st August 1844, the issue of notes to
be by the Bank, acting by a committee of directors, under the name of
`The Issue Department of the Bank of England.' 2. Securities of
£14,000,000 to be set apart for this, and gold to be held for amount of
notes beyond this. 3. If any bank of issue ceases issuing notes, the
Crown in Council may authorise the Bank's Issue Department to hold
securities for two-thirds the amount of that bank's issues, and increase
the £14,000,000 of notes against securities to that extent. [This has
since been done to the extent of £4,450,000.] 4. Weekly accounts of the
bank's position to be published in the Gazette. 5. Bank to pay £60,000
more than the £120,000 settled in 1833 for their privileges, and all
profits on notes beyond £14,000,000 to accrue to the public. 6. No new
banks of issue to be permitted after 6th May 1844. 7. Any bank ceasing
to issue notes not to be allowed to resume issues. 8. All banks of issue
to be allowed to issue an amount equal to their average circulation for
twelve weeks preceding 2 7th April 1844. 9. Bank of England to be
allowed to compound with private banks of issue to withdraw their notes,
and get a commission not exceeding one per cent, till 1st August 1856.
10. Privileges of the Bank to continue till twelve months' notice after
August 1855." [Boase, second edition, p. 428.]
Of these provisions, the
only one directly affecting banking in Scotland is the 6th. By it the
formation of new banks of issue, which had hitherto been freely
exercised, was prohibited. There were nineteen banks of issue in
Scotland on 6th May 1844. Their total average circulation was
ascertained to be £3,087,209, which amount consequently became their
authorised issue of bank notes. Since then, by the failure of two banks
and the absorption of seven banks, the number of banks of issue has been
reduced to ten, and the authorised issues to £2,676,350. The present
average circulation of all the banks is about £8,000,000.
Further legislation was
deferred until next year, when the cases of Ireland and Scotland were
dealt with specially. The Irish Act, 8 and 9 Vict., c. 37, 21st July
1845, rectified one great evil which had resulted from the establishment
of the Bank of Ireland on principles of special privilege, as in the
case of the Bank of England. Hitherto no partnership or company
consisting of more than six persons, other than the Bank of Ireland, had
been permitted to conduct banking business in Dublin, or within fifty
miles of it. This prohibition was abolished by the 1st section of the
Act, from and after 6th December ensuing. Provision was made for the
repayment of sums advanced by the Bank of Ireland for the public
service, and for the dissolution of the bank if determined on. Bank of
England notes were not to be a legal tender in Ireland; banks might
surrender their right of issue in favour of the Bank of Ireland; and
notes for less than 20s. were prohibited. With the exception of a
special provision referring to an agreement between the Bank of Ireland
and the Tipperary Joint-Stock Bank (which had been established by John
Sadlier in 1839, and failed in 185 6, with great loss to creditors
through the fraud and forgery of its founder), under which the latter
only issued notes of the former, the other enactments of the Irish Act
are similar to those of the Scotch Act, to which we must now refer.
On the 21st July 1845
there received the Royal assent "an Act to regulate the Issue of Bank
Notes in Scotland," 8 and 9 Viet., c. 3 8. This is the Act under which
the note circulation of Scotland has since been conducted. As no special
privileges existed among the Scottish banks (the matter of incorporation
was entirely within the power of the Crown), legislation was
comparatively simple. Sir Robert Peel was convinced that he could not
extirpate either the small or the large notes, as the people strongly
believed (in what he doubtless considered their ignorance) that their
bank-note system had been an efficient agent in advancing the prosperity
of the country. That the public of Scotland were correct in their view
of this matter, will, it may be hoped, be evident from the former
chapters of this history. At the same time it may be conceded in favour
of Sir Robert Peel's theories, that the usefulness of the notes was not
in 1845 what it had been in former times. The paper currency, formerly
indispensable to the commerce of a country which was too poor to indulge
in the precious metals, was no longer absolutely necessary under the
happier circumstances to which the country had attained; but the people
liked the notes, and continued to regard their existence as of as much
necessity as formerly.
It does not appear from
contemporary writings that the true value of bank-note issues in modern
times was actually appreciated. The defenders of the status quo always
drew their arguments from past experience, which, as we have seen, was
every year losing, to some extent, its applicability. The great use of
bank notes in relation to banking at the present time, from a public
point of view, is their function of enabling banks to extend banking
facilities into all parts of a country—thinly-populated and poor
districts as well as dense centres and wealthy provinces. The saving in
wear and tear of coin is another important benefit. Not only is there
much less loss in this way, but such as there is practically falls on
bankers.
Sir Robert Peel, however,
was determined to restrict to some extent the rights of issue in
Scotland, although he was forced to confer freer powers of action than
he had accorded to English bankers. The 1st section of the Act re-enacts
the prohibition of new issuing banks contained in the English Act, and
made arrangements for ascertaining the average circulation of each
existing bank, so that the amount of their authorised issues might be
fixed. Sections 2, 3, and 4 provided that uniting banks might retain the
full powers of issue enjoyed by them separately. Section 5 prohibits
notes for fractional parts of £1. This was no new provision, as it had
existed since 1765. Section 6 permits banks to issue to the extent of
their authorised issues, plus the average amount of gold and silver coin
held at their head offices during every successive period of four weeks.
Section 7 provides for the rendering to the Commissioners of Stamps and
Taxes of weekly accounts relating to note-issues. Section 8 defines bank
notes in circulation as those which had left bank offices and had not
been returned thereto. Section 9 enjoins Commissioners of Stamps and
Taxes to publish monthly returns of the state of the bank issues.
Section 10 regulates the mode of ascertaining the average amount of
notes in circulation. Section 11 enacts that silver coin shall only
count as against the note-issues to the extent of one-fourth of the gold
so held. Section 12 empowers the commissioners to inspect bankers' books
for the purpose of ascertaining the accuracy of returns. This power has
never been exercised. Section 13 orders all bankers (except the three
limited banks) to render a yearly return of the names of all partners.
Section 14 prescribes that the penalty on excess of issues, beyond the
authorised circulation and the metallic reserve, shall be forfeiture of
the excess. Section 15 provides that Bank of England notes shall not be
legal tender in Scotland. This was merely a specific enactment of the
existing law. Section 16 makes notes under 20s. not negotiable. Section
17 prescribes the form of notes for amounts from 20s. to £5. Sections 18
and 19 prescribe penalties for the non-observance of provisions of the
Act. Section 20 exempts cheques from inclusion under the provisions of
this Act. Section 21 refers to the mode of recovering penalties; and
Section 22 (the last) interprets the words used in the Act.
Although this Act does
not square in all respects with economic principles, there can be little
doubt that its main provisions have proved salutary to the public
interest. The needless formation of new banks at once ceased, much to
the public benefit. Nov that the note-issues exceed the authorised
circulation, a bullion reserve on the part of every bank is secured. No
doubt a well-regulated bank would hold such a reserve without being
forced to do so; but then all banks are not well regulated. The
provisions in favour of amalgamating banks have tended to the
elimination of small and weak banks. A system of large and wide-spread
banks was encouraged. All these benefits, however, are more incidental
to the operation of the Act than actually designed by it. The
convertibility of the notes, and the prevention of over-issues, were the
great objects of Sir Robert Peel's measure. But it (lid not secure,
although it perhaps strengthened, the convertibility of the notes; and
over-issues were already impossible under the long-established system of
exchanges subsisting among the banks.
Some positive
disadvantages, moreover, attach to the Act. A monopoly of banking,
although not directly established, has been a practical outcome of its
provisions, for it is believed to be impossible to successfully conduct
a non-issuing bank in competition with the banks of issue. The relative
proportions of the authorised issues also, although accurate at the time
they were fixed, are now out of keeping with the actual circulations of
the various banks. But, whether the Act has fully answered the real
intentions of its framer or not, it has not interfered with the public
interest in retaining a wide-spread system of banking, and it has tended
to the solidification of the banking institutions of the country. Had
England been blessed with as good an Act, it would have been spared many
grievous banking questions, which have disturbed the equanimity of
economists and statesmen. |