CHAPTER IV

THE BANK CHARTER ACT OF 1844, AND ITS SUSPENSIONS

After the renewal of the Charter in 1833, the directors of the Bank of

England laid down as a principle on which their future operations were

to be guided, that one-third of their liabilities should be kept in

cash and bullion, and the remaining two-thirds in securities. If this

principle had been acted on, the Bank would have been saved from many

of the troubles which shortly assailed it; but though the intentions

of the directors were good, circumstances were too strong for them,

and the actual proportions of cash and securities to liabilities

respectively, often differed materially from the standard laid down.

This was notably the case during the periods of financial pressure

which were experienced in the years 1836 and 1837.

In the year 1839 matters assumed a very serious aspect. In the early

part of this year the amount of cash held by the Bank was about

one-third of the amount of securities, but during the year the amount

invested in securities increased at the expense of the amount held

in cash; and by September we find that securities stood at nearly

£29,000,000, while the cash was reduced to a tenth of that figure, and

stood at £2,936,000 only. In order to avert a calamity which appeared

to be impending, the Bank arranged loans in Paris and Hamburg to the

extent of between three and four millions.

This manifest exhibition of weakness on the part of the Bank led to

the appointment of a committee of the House of Commons to inquire into

the matter. The committee condemned the principles on which the Bank

was working, but were powerless to effect any alteration, owing to the

Charter of the Bank not expiring till 1844.

On the expiry of the Charter, however, Sir Robert Peel brought forward

his famous Act for remodelling the Bank, and regulating the issues of

the country banks throughout England and Wales.

The Act was passed on the 19th July, 1844, and continues without

alteration to the present day. The main provisions enacted thereby,

briefly stated, are as follows:—

I. The Issue Department and the ordinary Banking Department of

the Bank of England were to be entirely separated as from the

31st August, 1844.

II. On such separation taking place, securities to the value

of £14,000,000 (including the debt due to the Bank from the

Government) were to be transferred to the Issue Department,

together with so much gold coin and bullion that the total

so transferred should equal the total amount of notes then

outstanding. Thereafter (with the exception noted below) the

Issue Department must not issue any notes in excess of a total of

£14,000,000 except in exchange for gold coin or bullion.

III. The Issue Department might not at any time hold more silver

than one-fourth part of the gold held. As a matter of fact, the

Issue Department holds no silver.

IV. Notes might be demanded from the Issue Department by any

person in exchange for gold at the rate of £3 17_s._ 9_d._ per

standard ounce.

V. If any banker having the power of issue on the 6th May,

1844, should relinquish such issue, the Issue Department may be

authorised to increase its issue of notes against securities to

the extent of two-thirds of the issue so relinquished; but all

the profits on such increased issue against securities were to

belong to the Government.

VI. The Bank must issue a weekly statement of the position of

both its Issue and Banking Departments, in a prescribed form.

VII. Bankers having the right to issue their own notes on the 6th

May, 1844, might continue such issue under certain conditions,

and to an agreed amount; but no provision was made compelling

such bankers to keep any reserve either in cash or securities

against their issues. If any issue lapsed, from any cause, it

could not be resuscitated; and no institutions could acquire the

right of issue in the future.

VIII. Banks consisting of more than six partners, though within

the sixty-five-mile radius of London, might draw, accept, or

endorse bills of exchange not being payable to bearer on demand.

The first return issued by the Bank in accordance with the regulations

of the new Act was that of the 7th September, 1844, and was as

follows:—

ACCOUNT OF THE LIABILITIES AND ASSETS OF THE BANK OF ENGLAND

_For the Week ending 7th September, 1844_

_Dr._ ISSUE DEPARTMENT _Cr._

---------------------------------+--------------------------------

£ | £

Notes issued 28,351,295 | Government debt 11,015,100

| Other securities 2,984,900

| Gold coin and

| bullion 12,657,208

| Silver bullion 1,694,087

----------- | -----------

£28,351,295 | £28,351,295

=========== | ===========

_Dr._ BANKING DEPARTMENT _Cr._

---------------------------------+--------------------------------

£ | £

Proprietors’ capital 14,553,000 | Government

Rest 3,564,729 | securities 14,554,834

Public deposits 3,630,809 | Other securities 7,835,616

Other deposits 8,644,348 | Notes 8,175,025

Seven-day and | Gold and silver coin 857,765

other bills 1,030,354 |

----------- | -----------

£31,423,240 | £31,423,240

=========== | ===========

For comparison we append the Return of the 2nd September, 1903.

_Dr._ ISSUE DEPARTMENT _Cr._

---------------------------------+----------------------------

£ | £

Notes issued 51,831,835 | Government debt 11,015,100

| Other securities 7,434,900

| Gold coin and

| bullion 33,381,835

| Silver bullion Nil

---------- | ----------

£51,831,835 | £51,831,835

========== | ==========

_Dr._ BANKING DEPARTMENT _Cr._

--------------------------------+-----------------------------

£ | £

Proprietors’ capital 14,553,000 | Government securities

Rest 3,740,209 | 18,260,841

Public deposits 7,393,580 | Other securities 24,969,260

Other deposits 41,872,061 | Notes 22,322,875

Seven-day and | Gold and silver coin

other bills 113,465 | 2,119,339

---------- | ----------

£67,672,315 | £67,672,315

========== | ==========

The provisions of the 1844 Act, above noted, are the principal

ones which affected banking in general, and the Bank of England in

particular—they were the food for much debate and discussion before

they became law, and it may be added that several of the provisions

then enacted have been the food for much debate and discussion ever

since. Taken as a whole the Act has worked well, and has succeeded, in

combination with greater knowledge and foresight, in maintaining our

banking system in a sound condition.

The regulations as to the country bank-note issues were framed with

the idea of ultimately eliminating entirely such issues; but though

the amount of private notes in circulation has decreased, and also the

number of bankers who have the power of issue—by lapses, bankruptcy,

and amalgamations—the time when there are no country bank-notes has

not arrived, notwithstanding that the framers of the Act confidently

anticipated that such a result would be achieved long before now.

The main point of contention between the supporters and opponents

of the Act lies in its want of elasticity in time of need. Under

no circumstances can the Bank increase its issue of notes against

securities beyond the prescribed limit, without a breach of the law;

but on three occasions in the past the law has been broken, though

with the consent of the Government, and subsequent confirmation of

Parliament.

Under the laws regulating the Imperial Bank of Germany such procedure

would not have been necessary. The German Bank Law has been framed

largely on the same lines as our own, but it gives the Reichsbank power

to increase the amount of notes issued against securities on a payment

to the Government of a fine of 5 per cent. per annum on the excess

issue. This fine is sufficient in ordinary times to act as a complete

check on overissue, but in times of trouble it acts as an efficient

safety-valve by relieving the minds of business people from the fear

that “there will not be enough to go round.” If it is known that money

can always be had at a price, the probability of a crisis developing

into a panic is almost entirely obviated.

We will now briefly review the three occasions on which the Bank Act

was suspended, and the effect of such suspensions.

The first of these occasions was during the panic in the year

1847—known as the “railway panic.” Shortly previous to this year a

great accumulation of capital had led to a demand for new investments,

which were duly provided for the public by those concerned with such

matters. Added to this, interest rates had ruled low for some time, and

this conduced to a period of speculative activity. Too much capital

was put into fixed investments—chiefly railways—and in one session of

Parliament sanction was asked for various railway schemes involving a

total capital of £340,000,000. Wild gambling in railway stocks ensued,

credit was inflated above all reason, and then the turn came. This

was primarily due to a bad harvest and potato crop causing a heavy

importation of corn, and consequent export of gold.

During the panic which ensued, the reserve of the Bank of England fell

to £1,600,000, but when the panic was at its height, the Act, passed

only three years before, was suspended. The Bank was authorised to

increase its accommodation to the public by exceeding, to an indefinite

extent, the limit fixed for the issue of notes not secured against

gold. The effect of this suspension of the Act was immediate and

complete. The fear that “there was not enough to go round” passed from

men’s minds. As a matter of fact, the issue on this occasion did not

exceed the normal limit, the mere knowledge that the Bank was empowered

to exceed this limit proving sufficient to allay the panic.

The second suspension of the Bank Act was due to the crisis of 1857, a

crisis that was brought about by reckless overtrading, and came upon

the public very suddenly and with practically no warning. The reserve

of the Bank of England had been allowed to fall dangerously low during

the course of the year, and large financial operators had carried

on vast transactions with hardly any capital—only credit—relying

for assistance on the Bank. Bad news came to hand from America in

September, detailing how there had been a serious financial collapse

in that country; failures had occurred, shaking commercial credit to

its core, and about one hundred and fifty banks had stopped payment.

A heavy drain of gold from here to America commenced, and by the middle

of October credit was curtailed, and distrust was rife in England.

Within a very short space of time many of our banks and financial

houses were crippled and failed. In November heavy demands were made

for gold for Scotland and Ireland, and on the 11th November the failure

of Sanderson and Company—a great London discount house—was announced,

with liabilities of upwards of five millions. Utter rottenness appeared

to pervade the commercial world, and general bankruptcy seemed

imminent, when for the second time the Bank Act was suspended. This

took place on the 12th November, and at once had the effect of quieting

the public mind. On this occasion the Bank had to make use to a large

extent of its temporary authority to issue notes above the normal limit

without holding gold against them. The severity of this crisis can

be seen by the fact that in November the Bank reserve fell to under

£600,000, while the bankers’ balances at the Bank of England alone

stood at about five and a half millions, and the Bank Rate was as high

as 10 per cent. This was also the rate charged by the Bank of France

at the time, showing that the panic had spread, and was not solely

confined to ourselves and America.

The third suspension of the Bank Act took place in 1866. Many elements

of disturbance to the Money Market had been in force during two or

three preceding years. The Civil War in America had resulted in gold

being sent to this country; but the stoppage of the supply of cotton

from America, owing to the war, disorganised one of our staple national

industries, and supplies of cotton had to be obtained from elsewhere

at high prices, and paid for in cash. Hence a drain of gold set in

on a large scale. In addition, a large speculation had been built up

on credit in the stocks and shares of the many new limited liability

companies which were formed at that time.

General uneasiness began to prevail towards the end of 1865; in

January, 1866, the Bank raised its discount rate to 8 per cent., and a

crisis began to develop rapidly.

Speculators tried to sell their securities and found no market for

them, several large railway contractors failed, and many of the newly

formed limited liability companies succumbed and were wound up. The

failure of the Joint Stock Discount Company, followed shortly by that

of Barned’s Bank of Liverpool, brought matters to a head; the distrust

became universal and culminated in panic. On the 9th May the Bank Rate

was raised to 9 per cent. On the 10th May the failure of Overend,

Gurney, and Company—for upwards of ten millions—was announced, and

the Bank Rate went to 10 per cent. This failure was not made known

till after business hours, so it was not till Friday, the 11th May,

1866—known as “Black Friday”—that the crisis reached its height.

The stoppage of this large house affected the whole world, and general

failure seemed imminent, when, in the afternoon of the day on which

the failure became known, it was announced that the Bank Act was again

suspended, and calm began to take the place of mania. But though the

panic was allayed, many failures shortly took place, which delayed

the quick restoration of a sense of security. Among these failures

may be mentioned the Bank of London, the Consolidated Bank, and Agra

and Masterman’s Bank. All these three institutions were perfectly

solvent as a matter of fact, but they found themselves in the dangerous

position of having no _available_ assets. The two last-named banks

subsequently resumed business.

From the above brief records of the financial tragedies of the past,

we see that on each occasion reckless speculation and overtrading had

been allowed to reach a dangerous height before any steps were taken

to check them, and on each occasion the check came too late. But we

also see the marvellously quick effect which the suspension of the Act

had on the situation. Although a period of nearly half a century has

elapsed since the time of the last suspension, the position remains the

same, and it is only owing to greater knowledge and greater caution

that such catastrophes have been averted.

In contemplating any future catastrophe of the kind which may come upon

us, it is generally assumed that the Act would be again suspended; but

delays are dangerous. By the time the situation had developed to such

an extent that the Government might deem it expedient to give the Bank

the necessary powers, a panic such as has never before been known might

overtake us; whereas if the suspension of the Act were to a certain

extent automatic, and responsible people knew for certain that money

could always be had at a price, the probability of such a termination

of any crisis would be very remote.

The Money Market · 第 4 / 14 章