CHAPTER XIII.

BANKRUPT ACT AGAINST BANKS.

This was the stringent measure recommended by the President to cure

the evil of bank suspensions. Scattered through all the States of

the Union, and only existing as local institutions, the federal

government could exercise no direct power over them; and the

impossibility of bringing the State legislatures to act in concert,

left the institutions to do as they pleased; or rather, left even

the insolvent ones to do as they pleased; for these, dominating

over the others, and governed by their own necessities, or designs,

compelled the solvent banks, through panic or self-defence, to

follow their example. Three of these general suspensions had

occurred in the last twenty years. The notes of these banks

constituting the mass of the circulating medium, put the actual

currency into the hands of these institutions; leaving the community

helpless; for it was not in the power of individuals to contend

with associated corporations. It was a reproach to the federal

government to be unable to correct this state of things--to see the

currency of the constitution driven out of circulation, and out of

the country; and substituted by depreciated paper; and the very evil

produced which it was a main object of the constitution to prevent.

The framers of that instrument were hard-money men. They had seen

the evils of paper money, and intended to guard their posterity

against what they themselves had suffered. They had done so, as

they believed, in the prohibition upon the States to issue bills of

credit; and in the prohibition upon the States to make any thing

but gold and silver a tender in discharge of debts. The invention

of banks, and their power over the community, had nullified this

just and wise intention of the constitution; and certainly it would

be a reproach to that instrument if it was incapable of protecting

itself against such enemies, at such an important point. Thus far

it had been found so incapable; but it was a question whether the

fault was in the instrument, or in its administrators. There were

many who believed it entirely to be the fault of the latter--who

believed that the constitution had ample means of protection, within

itself, against insolvent, or delinquent banks--and that, all that

was wanted was a will in the federal legislature to apply the remedy

which the evil required. This remedy was the process of bankruptcy,

under which a delinquent bank might be instantly stopped in its

operations--its circulation called in and paid off, as far as its

assets would go--itself closed up, and all power of further mischief

immediately terminated. This remedy it was now proposed to apply.

President Van Buren recommended it: he was the first President who

had had the merit of doing so; and all that was now wanted was a

Congress to back him: and that was a great want! one hard to supply.

A powerful array, strongly combined, was on the other side, both

moneyed and political. All the local banks were against it; and they

counted a thousand--their stockholders myriads;--and many of their

owners and debtors were in Congress: the (still so-called) Bank of

the United States was against it: and its power and influence were

still great: the whole political party opposed to the administration

were against it, as well because opposition is always a necessity

of the party out of power, as a means of getting in, as because in

the actual circumstances of the present state of things opposition

was essential to the success of the outside party. Mr. Webster was

the first to oppose the measure, and did so, seeming to question the

right of Congress to apply the remedy rather than to question the

expediency of it. He said:

"We have seen the declaration of the President, in which he

says that he refrains from suggesting any specific plan for the

regulation of the exchanges of the country, and for relieving

mercantile embarrassments, or for interfering with the ordinary

operation of foreign or domestic commerce; and that he does

this from a conviction that such measures are not within the

constitutional province of the general government; and yet he

has made a recommendation to Congress which appears to me to

be very remarkable, and it is of a measure which he thinks may

prove a salutary remedy against a depreciated paper currency.

This measure is neither more nor less than a bankrupt law

against corporations and other bankers.

"Now, Mr. President, it is certainly true that the constitution

authorizes Congress to establish uniform rules on the subject of

bankruptcies; but it is equally true, and abundantly manifest

that this power was not granted with any reference to currency

questions. It is a general power--a power to make uniform

rules on the subject. How is it possible that such a power can

be fairly exercised by seizing on corporations and bankers,

but excluding all the other usual subjects of bankrupt laws!

Besides, do such laws ordinarily extend to corporations at

all? But suppose they might be so extended, by a bankrupt law

enacted for the usual purposes contemplated by such laws; how

can a law be defended, which embraces them and bankers alone? I

should like to hear what the learned gentleman at the head of

the Judiciary Committee, to whom the subject is referred, has

to say upon it. How does the President's suggestion conform to

his notions of the constitution? The object of bankrupt laws,

sir, has no relation to currency. It is simply to distribute the

effects of insolvent debtors among their creditors; and I must

say, it strikes me that it would be a great perversion of the

power conferred on Congress to exercise it upon corporations

and bankers, with the leading and primary object of remedying a

depreciated paper currency.

"And this appears the more extraordinary, inasmuch as the

President is of opinion that the general subject of the currency

is not within our province. Bankruptcy, in its common and just

meaning, is within our province. Currency, says the message, is

not. But we have a bankruptcy power in the constitution, and

we will use this power, not for bankruptcy, indeed, but for

currency. This, I confess, sir, appears to me to be the short

statement of the matter. I would not do the message, or its

author, any intentional injustice, nor create any apparent,

where there was not a real inconsistency; but I declare, in

all sincerity, that I cannot reconcile the proposed use of the

bankrupt power with those opinions of the message which respect

the authority of Congress over the currency of the country."

The right to use this remedy against bankrupt corporations was of

course well considered by the President before he recommended it and

also by the Secretary of the Treasury (Mr. Woodbury), bred to the

bar, and since a justice of the Supreme Court of the United States,

by whom it had been several times recommended. Doubtless the remedy

was sanctioned by the whole cabinet before it became a subject of

executive recommendation. But the objections of Mr. Webster, though

rather suggested than urged, and confined to the _right_ without

impeaching the _expediency_ of the remedy, led to a full examination

into the nature and objects of the laws of bankruptcy, in which the

right to use them as proposed seemed to be fully vindicated. But

the measure was not then pressed to a vote; and the occasion for

the remedy having soon passed away, and not recurring since, the

question has not been revived. But the importance of the remedy,

and the possibility that it may be wanted at some future time, and

the high purpose of showing that the constitution is not impotent

at a point so vital, renders it proper to present, in this View

of the working of the government, the line of argument which was

then satisfactory to its advocates: and this is done in the ensuing

chapter.

Thirty Years' View (Vol. 2 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 13 / 202 章