_Mr. Glyn_ and _Mr. Maguire_ approved the bill without reference to a

Committee, one of these gentlemen submitting that the Committee could

sit on the general subject after the bill had passed into law. In

reply, Sir George Lewis took the latter view, and said he would be

glad to give every facility to the Committee in that case.[99] After

demolishing the man of straw which Mr. Ayrton had set up, the bill was

carried without a division. So far things went on prosperously, but

the opposition gathered in strength; Savings Bank managers again took

the matter up, and urged, by petition and otherwise, that nothing

should be done till a Committee inquired into the matter, and a bill

be founded on the result of their investigation. The Chancellor of the

Exchequer appointed several nights on which to proceed with the bill,

but each night there were so many notices given of motions with regard

to the subject--generally twenty or thirty--that the Government were

compelled by the pressure of other business again and again to defer

the consideration of it, and ultimately to withdraw it. In reply to

Mr. G. A. Hamilton, the Chancellor said, on the 21st of August, 1857,

that he had come to this latter conclusion mainly from the

considerable misunderstanding existing among the local administrators

of Savings Banks. He thought his proposals had not received the

approbation which he conceived their merits justified.[100] He would

offer no pledge for the future, however, further than this, that if

the House next session appeared to wish for a Select Committee, he

would agree to the appointment of one.

The House of Commons met in the November of the same year, when the

question being again raised, Sir George Lewis gave notice that

immediately after the holidays, he would propose a Committee of

Inquiry, who should be instructed to go into the entire subject. The

Committee which was appointed on the 9th of February, 1858, "to

inquire into the Acts relating to Savings Banks and the operation

thereof," consisted of the following members:--Mr. Sotheron Estcourt

(Chairman), Mr. Bouverie, Mr. Ayrton, Viscount Goderich, Sir Henry

Willoughby, Mr. Bonham Carter, Mr. E. Egerton, Mr. Fagan, Mr. Cowan,

Mr. Grogan, Mr. J. A. Turner, Mr. Henley, Mr. Whitbread, Mr.

Bramstone, Mr. Adderley, Mr. Gregson, and Mr. Thomas Baring. They sat

twenty-one days, and examined Sir Alexander Spearman, Mr. Tidd Pratt,

Lord Monteagle, Mr. C. W. Sikes, Mr. John Craig; and the following

eminent actuaries or other officials of the principal Savings Banks in

the kingdom:--Mr. Edward Boodle, of the St. Martin's Place bank; Mr.

Shopland, Exeter; Mr. Wortley, Finsbury bank; Mr. Saintsbury,

Moorfields bank; Mr. J. Hope Nield, Manchester; Mr. Maitland,

Edinburgh; Mr. Meikle, Glasgow; Mr. Sturrock, jun., Dundee; Mr.

Jameson, Perth; Mr. D. Finney, Marylebone bank; Mr. Hatton, Brighton;

Mr. Deaker, Dublin. Mr. W. H. Grey, a Government actuary, and Mr.

Edward Taylor, of Rochdale, attended to give evidence on the subject

of Savings Bank frauds. The Committee, as might be expected, from this

imposing array of names, collected a most interesting and important

body of evidence, and presented, pretty unanimously, an extremely

exhaustive and important report to the House.

Upon the report of this Committee we shall have to draw pretty largely

in more than one succeeding chapter, and will therefore content

ourselves with describing briefly the general nature of the evidence,

and with giving a summary of the Report presented with that evidence

to the House. Further on in the present chapter we propose to attempt

some account of the arguments used in the Committee with regard to the

investment of Savings Bank money, when, two years later, a bill

founded on the recommendation of the Committee was brought before the

House of Commons, where the subject was warmly discussed. In this way,

all the important conclusions come to by the Savings Bank Committee

will at one time or another be fairly noticed. The evidence itself may

be classified as follows. Mr. Tidd Pratt came on first, and gave

information of the course of legislation on the subject, and in other

ways the results of his long experience in such matters. Sir A.

Spearman gave a full account, in an examination lasting over four

days, of the mode in which investments were made at his office, and of

the principal financial operations connected with these investments.

Lord Monteagle, by permission of the House of Lords, attended and gave

the Committee the benefit of his long and intimate acquaintance with

such financial subjects. Mr. Boodle, who took the lead of the

actuaries, and who, while falling into several inaccuracies, showed

perhaps the greatest practical acquaintance with the subject in all

its different bearings, described not only the manner of conducting

the St. Martin's Place bank, but conveyed to the Committee the

prevailing impressions of Savings Bank officials on the subject of the

investment of their capital. Mr. Craig, of the Bank of Ireland,

explained at length his system of book-keeping, and humorously

described its introduction into the Cork Savings Bank. The other

actuaries described the peculiarities of the different banks they

represented; described frauds, and spoke of checks which had been

devised for preventing their recurrence; and gave their opinion, which

will be seen subsequently to have been anything but unanimous, on such

disputed points as the limits of deposits, the rate of interest,

making the audit, and regulating the expenditure. Few of the witnesses

left the box without offering some practical suggestion, or

recommending something of value. All the gentlemen agreed as to the

necessity of doing something. Most of them thought an independent

Commission should be appointed to manage the affairs of Savings Banks.

Every witness expressed his opinion that the one thing needful was a

Government guarantee for the absolute safety of all deposits; and

although Mr. Craig and others thought that this should be supplemented

by a staff of Government inspectors, regarded the change as

imperatively required.[101] It is impossible, however, that we can at

any greater length give the recommendations which were made on this

and other important matters of which the witnesses spoke. Nor indeed

can we do more than condense into the fewest possible words the full

and voluminous Report which the Committee made on the occasion. Seeing

that the demand for this Committee was so great, that so much pains

were taken to arrive at a just conclusion, and that the Report itself

was not without its effect on the institution of Savings Banks, we

doubt not that we shall be readily excused for giving prominence to

it, and for presenting the resolutions in which the principal points

of recommendation are embodied.[102]

1. That the laws relating to Savings Banks in the United

Kingdom require to be amended, and to be consolidated in

one Act.

2. That it is expedient to place the superintendence and

management of the general funds of the Savings Banks in a

Commission consisting of five members.

3. That it is desirable that this Commission be

constituted of the Chancellor of the Exchequer, the

Governor of the Bank of England, and three other persons

appointed by the Crown, all of whom shall be paid.

4. That all expenses of the Commission be paid out of the

moneys of Savings Banks; that the surplus fund shall be

invested in public securities, and the interest carried to

the account of the surplus fund, out of which such

expenses shall be defrayed.

5. That the powers and duties of the Commission shall be

defined by Act of Parliament; that provision be made for

the summoning and holding, at stated intervals, the

meetings of the Commission; that three shall be a quorum;

and the minutes of each meeting duly recorded and signed

by the Chairman.

6. That the Rules and Regulations relating to the receipt

and payment of all moneys, and to the purchases and sales

of stocks and all securities, be passed at meetings of the

Commission specially convened for that purpose, and shall

be subject to the approval of the Lords Commissioners of

Her Majesty's Treasury.

7. That the annual accounts of the Commission, containing

the receipts and payments of all moneys, and every detail

as to the sales and purchases of stocks and other

securities belonging to the Savings Banks, within the year

ending on November 20, in each year, be audited by the

Commissioners of Her Majesty's Audit.

8. That monthly accounts of the receipts and payments of

all moneys, and of sales and purchases of stocks and other

securities, be prepared by the Commissioners, and copies

of the monthly accounts shall be forwarded to the Lords

Commissioners of Her Majesty's Treasury, and to the

Governor of the Bank of England, within one week of the

following month.

9. That the annual accounts, containing the receipts and

payments of all moneys, and every detail as to the sales

and purchases of stock, and of other securities of the

Savings Banks, be laid before both Houses of Parliament in

the first week of February, if Parliament is sitting; and,

if Parliament is not sitting, then within ten days next

after the first sitting of Parliament.

10. That no sales, purchases, or exchanges of stocks or

securities held by the Commission shall be made, except as

required for the purposes of the Savings Banks, and that

no funding of Exchequer bills held by the Commission shall

in future be made without the special authority of an Act

of Parliament.

11. That the Commission should be empowered by Parliament

to invest a portion of such funds, not exceeding one-third

of the whole, in other securities than those now

authorized to be purchased with those funds; those

securities being such as are created or guaranteed under

an Act of Parliament.

12. That it is inexpedient that any existing deficiency of

the funds should be made the ground of reducing the

present rate of interest allowed to the banks, but the

whole subject of the estimated deficiency be referred to

the consideration of Parliament.

13. That any future surplus income of the Board shall be

carried to the credit of a guarantee fund, to meet any

casual charges, losses, or deficiency of income; but if

there shall be no surplus to meet such deficiency of

income, the rate of interest allowed to Savings Banks

shall be proportionately diminished.

14. That the Commission shall have power to frame

regulations respecting the accounts to be kept, and the

audit thereof, and respecting the receipt and payment of

deposits, on the adoption whereof by any Savings Bank such

bank shall acquire security for the deposits therein

guaranteed by Parliament, and that such Savings Bank shall

have a special title.

15. That the Commission may appoint such officers as may

be requisite for the proper audit and inspection of such

accounts, and for obtaining due compliance with such

regulations.

16. That no banking concerns should be permitted to assume

the name of Savings Banks, except such as have had their

rules duly certified.

17. The rules of every Savings Bank shall be in force only

after they have been certified by the Barrister, to whom

no fee shall be payable.

18. That the responsibility of trustees be enacted in the

same terms as in the Act 9 Geo. IV. c. 92.

19. That the present limits of yearly and total amounts of

deposits payable on demand be maintained.

20, and last. That whenever any deposit shall amount to

150_l._, the Commissioners may, with the consent of the

depositor, invest a portion of that deposit in the

purchase for the depositor of 100_l._ stock, the interest

on which shall be received by the Commissioners and placed

to the depositor's account.

Arrived at this point, and in order that the general reader may

properly understand the next attempt made at legislation on behalf of

Savings Banks, we ought to say something in the way of explanation as

to the disposition of the funds of Savings Banks after they reach the

hands of Government. By the 57 Geo. III. c. 105, the money paid in on

Savings Banks account was to be invested in Three-and-a-half per Cent.

Bank Annuities.[103] Subsequently, the law was altered, by which the

money might be invested in Bank Annuities or Exchequer bills. The

purchases of Stock are made upon the order of the Comptroller-General

by the Government broker; but no Exchequer bills are bought, except

under the special direction of the Chancellor of the Exchequer. The

practice is, when the balance at the bank appears to be larger than is

necessary, gradually to apply it to the purchase of Stock at the price

of the day. It appears that between 1828 and 1844 Stock was sold to

the amount of 8,166,511_l._, and purchased to the amount of

8,816,400_l._; Exchequer bills were bought to the amount of

19,888,100_l._, and sold to the extent of 13,041,500_l._ Sir Alexander

Spearman stated that he had, on his own authority, bought Stock from

time to time, as the state of the balance required it; he contended

that he had legally such authority by virtue of his office, and he did

not hold himself responsible to give any explanation of his

proceedings to the trustees or managers of banks.[104] This was just

what Savings Bank managers and trustees did not agree with, and it was

an interpretation put upon the statute which even experienced

statesmen disputed.

Mr. Wortley told the Committee of 1858 he considered the system of

mixing up the Savings Bank funds with the Government money very

injurious to Savings Banks. Mr. Boodle strongly objected to the

practice of dealing in Stock and Exchequer bills, and of exchanging

one for the other. He said Mr. Goulburn had been induced to

discontinue the practice, and to publish an account of the different

transactions, but that the practice had been revived in 1853, had

continued ever since, and in a worse form than ever. Lord Monteagle,

who spoke very strongly on these points, stated that the present use

of Savings Bank money was entirely at variance with the original

design; that the Commissioners had no power to change the securities,

and thus become active agents in the Stock Market.[105] Lord Monteagle

expressed strong objections also to the power of funding Exchequer

bills bought for the Savings Banks at the price of the quarter at

which they were bought. Sir A. Spearman, who was somewhat unfairly

left to bear all the brunt of every attack of this kind, on account of

the Committee neglecting to call upon any of those five members of the

House who were or had been Chancellors,[106] stated that the Savings

Bank fund on the 20th of November, 1857, was 34,399,082_l._ Stock;

whereas, if there had been no investment in Exchequer bills or bonds

since 1853, the amount would only have been 34,207,371_l._ Stock.[107]

Mr. Boodle dwelt upon the reputed losses which the country had

sustained through the Savings Banks, and declared that if there had

been any loss, it had been occasioned by the State not treating the

funds exclusively as Trust Funds. In this matter, Mr. Boodle

undoubtedly had the best of it. "Whenever any bill is introduced into

Parliament on Savings Banks," said this gentleman, "this loss is

thrown in the teeth of Savings Banks, and used as an argument,

sometimes for reducing the rate of interest, at other times for

reducing the limits of deposits, either annual or in gross. Therefore,

it acts most detrimentally to the depositors; and it has gone out that

the Savings Banks are an enormous expense, whereas we are perfectly

satisfied that, if this money were properly administered, there would

be no expense whatever.[108]"

That Savings Bank money was not only used for financial purposes, but

turned to extremely profitable use, there can be no doubt: hence

complaints of loss could only be made by persons but partially

acquainted with the facts. Mr. Hume indeed, had he been cognizant of

the profitable way the funds were used, could scarcely have complained

about the loss to the State so often as he did. Mr. Gladstone at this

time, and subsequently, never missed an opportunity of putting the

matter on the proper footing, and to set it forth that, instead of a

loss, the funds had been a source of considerable gain to the State.

In 1834, when Lord Althorp was Chancellor of the Exchequer, and Lord

Monteagle himself (as Mr. Spring Rice) Secretary of the Treasury, they

determined to reduce the interest on the Four per Cents. Those who

held money in the Funds and were dissatisfied with the reduction were

paid off out of the Savings Bank money (without which, indeed, the

reduction could not have been earned through), and a saving to the

country of 53,000_l_. a year was the result. Mr. Goulburn, using the

power he had in the same way, or with the money of Savings Banks to

fall back upon in case of need, effected a saving of 750,000_l._ a

year in reducing the rate of interest from four to three and a half,

then to three and a quarter, and eventually to three, per cent. Not

less useful were the funds of Savings Banks in the time of the Crimean

War. By means of Ways and Means bills, the Chancellor of the Exchequer

raised the necessary funds to meet the heavy demands, and thus

effected an enormous saving of money, which would have been sunk in

transacting a loan.

We have already made the reader acquainted with Mr. Gladstone's

opinion on the right of the State to use the money entrusted to it for

safe keeping; nothing could be more vigorous than his language already

quoted. Mr. Gladstone endeavoured to carry a change in the law

relating to the investment of Savings Bank moneys in 1855. He now, in

the session of 1860, came forward and offered a bill to remedy some of

the grievances complained of in the Committee. His proposals were now

substantially the same as those of 1855. He voluntarily proposed to be

shorn of his strength as Chancellor by the House agreeing to cancel

Savings Bank Stock to the amount of thirty-one millions of pounds; and

to open a new account for this money, to be called "State Deposit

Account, No. 1," virtually giving the money the fullest security of

the State, and placing it entirely beyond the reach of his operations.

The remaining amount, then about ten millions, Mr. Gladstone proposed

should be allowed to be invested at the pleasure of the finance

minister as heretofore. One would have thought that at any rate this

bill would have been allowed to pass quietly; but it was not to be.

The bill proposed was based on two of the recommendations of the

Committee of 1858,--namely, those which suggested that the power of

funding Deficiency and other bills should be done away, and that the

dealings in the stocks should be under the review of the House; but

members complained that a bill had not been prepared to embrace _all_

the recommendations. _Sir H. Willoughby_ and _Mr. Estcourt_ took this

view. In long speeches they both upheld the decision of the Committee,

and asked for a bill dealing with the entire subject; the latter

gentleman said that the "barren discussions in Parliament were acting

to the prejudice rather than to the support of the excellent

institutions with which they dealt. There were not above 600 of these

useful institutions in the whole kingdom, whereas they ought to ramify

through every parish and every village of the kingdom." _Mr. Malins_

and _Colonel Sykes_ followed, and complained that Government should

have neglected to deal with the entire subject. _Mr. Gladstone_ made

up for the lack of supporters by a long and able speech. He admitted

that it was most desirable to have a bill for the management of

Savings Banks, but the general subject had no relation to the mode in

which the money of Savings Banks was invested. Better at the end of a

session carry one or two points, and put an end to grievances which

had been loudly complained about, than bring in a measure only to

withdraw it again. He had been charged with ignoring the labours of

the Committee. He had not done so, for the bill was founded on part of

their labours; he _had_ considered the report, "but consideration does

not necessarily involve adoption." He was compelled to decline many of

the suggestions of the Committee. Where, however, he agreed with them,

he had lost no time in taking action: hence the proposed bill. "From

speeches of honourable gentlemen," concluded Mr. Gladstone, "it might

be supposed that a dreadful bill had been introduced, giving

exorbitant powers to the Chancellor of the Exchequer. The fact is,

however, that there is not a power given which he does not already

possess, and in one or two respects the surrender of powers is very

large." "It is impossible that Savings Bank funds can now be used by

Government as a trust; they must be reserved for the discretion of the

House." The bill for the first time gives a positive title in law to

the deposits in Savings Banks, and it will further provide a true

account,--"for nobody has ever yet seen a true account,"--of the

National Debt; and for these reasons Mr. Gladstone hoped it would be

allowed to pass into law. _Mr. Thomas Baring_, and _Mr. Ayrton_,

unconvinced by the Chancellor's arguments, opposed the bill; and _Mr.

T. Collins_ contented himself, as usual, with dividing the House on

his motion to throw it out. The motion was negatived by a majority of

twenty-four, and there was a similar majority on a motion for

adjournment made by Sir Henry Willoughby. On the 20th of July, 1860,

the bill was considered in Committee, and the discussion was taken on

the first clause--the existing stock to be cancelled--when Mr. Hubbard

approved of the measure. By the bill the greater part of the money of

Savings Banks, viz., that treated as a book debt, would be placed

beyond the reach of jobbery. Sir Francis Baring spoke in favour of,

and Sir H. Willoughby, Mr. Hankey, and Colonel Sykes again opposed,

the clause. The opposition to the measure had gathered strength since

the last occasion;[109] and on a division, the Savings Bank managers

once more triumphed by a majority of 38, in a morning sitting and a

House of 192 members.

A few days afterwards the _Chancellor of the Exchequer_ proposed the

fourth clause of the defeated bill, or that which gave the

Commissioners an uniform power of holding and dealing with all stocks

under Parliamentary guarantee, and stocks and securities, under

whatever name, that constituted the National Debt. At present, Mr.

Gladstone stated the Commissioners had power to hold Terminable

Annuities, but no power to sell them. There ought to be a uniformity

of power with regard to these securities, and this bill, which was

founded on the fourth clause, gave it. He had only been induced to

take the matter up again by finding an unanimous feeling in the House

for this proposition. _Mr. Estcourt_, in speaking for the clause,

hoped the Chancellor would soon bring in a measure on the general

subject. So he did, soon afterwards, but not the kind of measure Mr.

Estcourt desiderated. When this bill reached the Lords, it was rather

violently opposed by Lords Monteagle and Redesdale; and on a division

the voting was found to be equal. According to usage, the bill was

thrown out. The Government, however, re-introduced the measure, "as a

matter of urgency;" and though there was an outcry in the Lords

against it, no less than in the Commons, for interference with what

was considered a Money Bill, the clause passed, and received the Royal

Assent on the last day of Parliament.

Mr. Gladstone, thwarted in all his attempts, except in the last

insignificant case, to bring about a better state of things in

connexion with the management of Savings Banks, determined upon

another course of action altogether. He, and other statesmen who had

preceded him in his office, had tried their best to improve the

existing banks, but they had been persistently hindered and obstructed

by the force which Savings Bank officials could bring to bear. For

some time now Mr. Gladstone must have had under his eye several

proposals which went to the very root of the matter upon which so many

difficulties had from time to time arisen, and which promised a

thorough and substantial reform. He bent his great energies in this

direction; saw his way, not only out of a dilemma, but to the

origination of a simpler and more perfect system; and may be said

henceforth to have left the friends and partisans of the old Savings

Banks to look after their own interests. With the legislation relative

to the scheme of Post Office Savings Banks, with which Mr. Gladstone's

name will always be prominently associated, we shall deal in a special

chapter, and will therefore hasten to describe the remaining steps

which the Legislature has taken with regard to Savings Banks proper up

to the present time.

Left to themselves, the leading Savings Bank authorities in the

House--viz., Mr. Estcourt, Sir H. Willoughby, and Mr. Ayrton--obtained

leave, on the 11th of March, 1862, to bring in a bill "to Amend the

Laws relating to the Security and Management of Savings Banks."[110]

The points sought by the bill were, briefly, (1) to enforce upon all

local banks the regulations of the well-managed ones; (2) to repeal

the Act of 1844; (3) to force an auditor upon every bank and define

his duties; and, lastly, to provide for the security of the

depositors, by enacting that no transactions should take place except

at the office, during office hours, and in the presence and with the

signature of more than one person. Mr. Estcourt, who briefly explained

the drift of the bill, intimated that they were not desirous of

altering the relation in which Government stood to Savings Banks, or

of interfering in any way as to the disposition of the money. Mr.

Gladstone, after stating how completely Government had been baffled in

their attempts to alter the law regulating Savings Banks, expressed

approval of the bill, though he reserved the right of Government to

take any steps they chose at any subsequent stage.[111] On the 20th of

May this bill shared the fate of all preceding attempts to place these

institutions on a sound basis, by being withdrawn. Savings Bank

managers had again interfered, and this time they went against their

devoted friends. _Mr. Estcourt_, on withdrawing the bill, said he had

received numerous representations from managers that his measure was

"inapplicable" to them; and "only that day an influential body of

managers of great experience, and fully to be depended upon," had

waited upon him, requesting him to withdraw it; and if he would

consent to this course, _they_ would endeavour to devise some scheme

which should meet the requirements of the various establishments. Mr.

Estcourt's measure was unquestionably a good one, but it involved too

much trouble and risk to trustees: hence its defeat. _Mr. Gladstone_

thought it was high time that those gentlemen should take their turn

in devising a scheme. If they proposed a real improvement, Government

would make no objection. Referring to the Post Office Banks, Mr.

Gladstone said: "Undoubtedly, however, the main question had been

disposed of; they were now able to say to the people of England who

were disposed to lay by their savings, with a moderate interest and

with a perfect security, the Government had provided some 3,000 places

where these savings would be received." _Mr. Henley_ was much

discouraged with the difficulties everybody found in the way of

legislation. He was "disposed to think that the well-managed banks

might go on as usual," but rather than "tinker" at the others, "the

very small banks under the old system, which would not afford the

proper machinery for perfect management, ought to be urged to hand

over their business to the Post Office Banks." _Mr. D. Griffith_ "for

once agreed with the Chancellor of the Exchequer;" he was glad to hear

the Post Office Banks were working so well, and expressed his opinion

that "they would ultimately swallow up all the old banks."[112]

In March, 1863, Mr. Gladstone brought forward once more his

propositions relating to the investment of Savings Bank money. He

moved--

"That it is expedient to amend the laws relating to the

investment of the moneys of Saving Banks, and to create a

charge for such Savings Banks upon the Consolidated Fund,

in place of certain perpetual annuities now standing in

the names of the Commissioners of the National Debt; to

give the power for converting certain other amounts of

such perpetual annuities into certain other annuities, and

to provide for the due payment out of the Consolidated

Fund of any deficiency which may arise from insufficiency

of the securities to meet the legal claims of the trustees

of such Savings Banks."

After considerable discussion, the bill (26 and 27 Vict. c. 25) was

sent up to the Lords under the charge of Lord Stanley of Alderley, and

received the Royal Assent on the 8th of June, 1863.

We come now to the last item of legislation on the subject of Savings

Banks. On the 14th of April, 1863, Sir H. Willoughby and Mr. Ayrton

obtained leave to introduce the bill which, according to promise, had

been prepared by a convention of Savings Bank managers. To a great

extent this measure "to Consolidate and Amend the Laws relating to

Savings Banks," was identical with the one which Mr. Estcourt

introduced and withdrew during the previous session. The managers had

met during the recess, and had consolidated into one the eight Acts,

or parts of Acts, which then governed their establishments. Mr. Tidd

Pratt, on being consulted in the matter, certified that the new Act

"would constitute a fair and just measure of improvement." Mr.

Gladstone, too, it seems, had been furnished with a copy, had

suggested some trifling emendations, which had been frankly adopted

and embodied, and was therefore disposed to offer no captious

opposition to it. Not only so, but he thought it creditable to the

gentlemen who had it in charge, and, so far as it went, likely to be

effectual. Several clauses were altered, struck out, or inserted, and

the bill, known as the "Consolidation Act," received the Royal Assent

on the 28th of July, 1863. Of this Act (26 and 27 Vict. c. 87, a full

description of which will be found in the Appendix)[113] we shall

speak in a subsequent chapter, when we come to consider the law at

present regulating Savings Banks.

[69] In a case that arose out of the Carnarvon Bank fraud of 1824,

in the Court of Bankruptcy, both the Commissioners, Sir John Cross

and Sir George Rose, expressed very strong opinions on the point

as against trustees. The former judge, after giving a decision

against the trustees in the case, said, "The case could not be

made too public," and he "trusted that it would operate as a

warning to the trustees of Savings Banks generally." Sir George

Rose "fully concurred" in the observations of his colleague. He

thought "it should be borne in mind that deposits were made by

parties, not on the faith of the persons acting as actuary or

cashier, but upon the faith of the gentlemen who acted as

trustees; where such persons neglected the duties which were

incumbent upon them, their conduct was deeply deserving of

censure. If, therefore, the clerk, or other person employed by

them, were guilty of peculation, they were themselves liable for

any defalcation that might ensue."

[70] Speaking of Mr. Goulburn, when he first took office, a

contemporary said, "He possesses that degree of talent which

renders him highly respectable without exciting any invidious

feeling. He is content to be useful without aspiring to the

reputation of an innovator; and, if he shall introduce nothing

new, he will at least abstain from anything that is dangerous."

Mr. Goulburn's legislation for Savings Banks scarcely bears out

this estimate.

[71] This arrangement, which was quietly dropped before the bill

became law, owing to the pressure which managers of Savings Banks

brought to bear upon the House, was strongly urged by Mr. Tidd

Pratt. That gentleman and Mr. Higham, Comptroller of the National

Debt Office, prepared this bill. In the Committee of 1848, Mr.

Pratt gave it as his opinion (140), that no depositor should be

allowed to put in more than 10_l._ in one year, instead of 30_l._,

or it might go to 15_l._; "but I am quite sure that this latter

sum is as much as the small savings of the industrious classes can

amount to." He also proposed to limit the total amount to 100_l._

[72] In this same Committee, Mr. Pratt stated that in the course

of his investigations in Ireland he had found one man who had had

seventeen books out of one Savings Bank, and money to the extent

of 520_l._ lodged there, altogether his own property, but which he

represented himself as holding in trust.

[73] Only four sets of directors of banks, and these banks of very

insignificant size, made a declaration of the kind in question

between 1844 and 1848.

[74] It was during the passage of this bill that the managers and

trustees of the different Savings Banks in the country first

combined to influence the action of the Legislature. On this

occasion it can be shown that they made their influence felt, and

provoked several divisions in both Houses. With the House of Lords

they were most successful, owing, no doubt, to the great number of

peers who were honorary officers of Savings Banks. For example, in

the House of Commons they succeeded in dividing the House twice on

the question of the rate of interest. They wished no reduction to

be made in that rate; but, when it was decided that the rate

should be reduced, amendments making it 3_l._ 6_s._ 8_d._ to

trustees and 3_l._ 0_s._ 0_d._ to depositors, and 3_l._ 5_s._

0_d._ and 2_l._ 18_s._ 4_d._ were proposed against the Government

plan, eventually carried, of 3_l._ 5_s._ 0_d._ and 3_l._ 0_s._

10_d._ respectively. It was declared that the difference of 4_s._

2_d._ only would not defray the cost of management. It was

objected also, and not without reason, that the Government erred

in not naming the exact sum, instead not more than 3_l._ 0_s._

10_d._ per cent. which should be given to depositors; that this

was a matter which ought not to have been left in any sense to the

trustees. Much unpleasantness might have been saved if the sum had

been definitely stated, and instead of twenty or thirty different

rates of interest, all had been paid alike, and there had not been

left any doubt as to what depositors should consider their right

in the matter. Out of doors there was a regular combination;

deputations waited upon the Chancellor of the Exchequer, and

gentlemen from all the leading Savings Banks in England, Scotland,

and Ireland, met in London to concert those schemes of defence to

which we have just alluded. A meeting was held, at the important

institution in St. Martin's place, with Sir Henry Willoughby as

Chairman, when the following resolutions, among many others, were

agreed to by the deputies from banks representing 5,000,000_l._ of

deposits. Nothing could of course better show how the action of

the Legislature was regarded by the managers of the institutions

in question:--

1. "That the proposed reductions in the amount of

deposits from 30_l._ to 20_l._ in each year, and

the total amount of deposits from 150_l._ to

120_l._ will be highly injurious to the interests

of the depositors."

2d. "That the reduction in the rate of interest from

2-1/2_d._ per cent. per day to 2_d._ is far too

great, out of proportion to the reduction of the

interest in the Funds, and would be extremely

prejudicial to the depositors in all Savings

Banks, but more especially to those in the

smaller banks, throughout the kingdom."

3d. "That clause 7, requiring the production of the

books of every depositor once a year, will cause

annoyance to depositors, is not capable of being

enforced, and is no efficient security."

4th. "That the proposed alteration respecting the

liability of trustees and managers of Savings

Banks seems highly objectionable. The present

provision, of no trustee responsible except for

his wilful default or neglect, is well understood

as applicable to all cases of voluntary trusts,

and should undergo no alteration."

5th. "That it is not expedient that trust accounts be

altogether abolished, but that provision should

be introduced to meet the case of fictitious

deposits and the abuse of trusts."

And so on throughout almost all the clauses.

[75] On one occasion, about this time, Mr. Hume had complained of

the "impudent conduct" of some Government official, to which Sir

Robert Peel, as Premier, replied. Sir Robert said, he "would not

quarrel with the hon. gentleman," (an experiment he had often

tried without much success,) "considering him a good judge as to

how far impudence might be carried with impunity." Mr. Hume at

once owned the soft impeachment. "If I had not had the impudence

of the devil," said he, "I should never have done any good in this

House." _The Times_, the next day, give it to Mr. Hume smartly, as

was its wont, and congratulated him "on his generous, though

rather startling, acknowledgment of the source of all his

strength."

[76] His speech on the occasion does not seem to have been fully

reported.

[77] The trustees of four small banks made the declaration: those

of Tonbridge, Ashby-de-la-Zouch, Fareham, and Carshalton in

Surrey.

[78] At a meeting of the managers of the principal Savings Banks

held on the 29th of August, 1819, it was resolved: "That this

meeting has read with mingled feelings of pain and alarm the

clause in the proposed bill virtually requiring trustees and

managers of Savings Banks to give security or 100_l._ each, and

making such trustees and managers responsible to an indefinite

extent if they should neglect to limit their responsibility to

that sum, as pointed out in the Act."

[79] Mr. Brotherton, the member for Salford, soon after stated

that the managers of the Manchester Savings Bank, with 20,000

depositors, insisted upon every person bringing his book to the

office annually, as a precaution against fraud.

[80] The Committee of 1848 went very fully into the changes which

were needed in Ireland, and many witnesses were asked what they

would propose. For example (1579), Mr. W. Keating Clay was asked:

"Do you believe, in consequence of the Cuffe Street bank, the

deposits will decrease in Dublin and neighbourhood if the law is

not amended?" and replied, "I should say they will be altogether

withdrawn. I don't think the other Savings Banks in Dublin, which

have conducted their business faultlessly all through, can exist

another year under the present law." Another witness, in answer to

a similar question, said (1205): "I am quite satisfied that the

Savings Bank system in Ireland will crumble to dust unless there

is legislation." A third witness said, nothing would do but

trustees fully liable, and a system of Government inspection and

regular audit of the accounts.

[81] _The Times_ and _Morning Chronicle_ strongly advocated the

same view.

[82] _Hansard_, vol. civ, pp. 22-54.

[83] During the interval, Mr. Reynolds, member for Dublin, who had

obtained the Committee originally, became Lord Mayor of Dublin,

and Mr. Gibson Craig became Sir W. Gibson Craig. Mr. J. A. Smith

was appointed chairman on each occasion.

[84] For example, in August, 1852, Mr. Reynolds again brought the

subject before the House by proposing that the remaining money due

to depositors should be paid by the State. On this occasion he

told how he had had the honour, in 1846, placing Her Majesty's

Government twice in the same night in a minority on this subject;

but, unlike other members who had done the same thing, he had not

received Her Majesty's commands to form a new ministry. This style

of banter was scarcely suited to his subject, but more serious

appeals were equally unavailing.

[85] The following remark had already been made from the judicial

bench: "I find that country gentlemen, &c. were willing to lend

their names as trustees, in the establishment of banks for the

deposits of saving of the poor, but were negligent, in too many

instances, in giving their personal services, whereby the business

fell almost entirely under the exclusive management of the person

appointed as actuary."--_Sir John Cross._

[86] "Nearly all the frauds, and all the loss which had occurred

in Savings Banks," said the Chancellor, "were owing to the actuary

or secretary receiving money irregularly, sometimes at his own

house, and very often out of office hours."

[87] Even in seaport towns this inspection of pass-books might be

accomplished without much trouble; if there was any difficulty in

getting in the books, such an inspection might be made as would be

sufficient to test the general accuracy of the accounts. Thus at

Cork, the year before (1849), 6,623 pass-books had been sent in

for examination, and only 1,164 did not come in. The accuracy of

the larger number was ample test of the accuracy of all.

[88] The Chancellor here pointed out that the _average_ rate of

interest given to depositors at that time (1850) was but 2_l._

18_s._ 4_d._ and that the reduction would be scarcely felt by any

class; that reduction, however, would not only provide against the

Government losing any more money, but would meet the expense of

the proposed Government treasurers of Savings Banks.

[89] _Hansard_, vol. cx., third series; and _Times_, 1850.

[90] It must not be assumed that there was no difference of

opinion on these points, even among Savings Bank managers. The

following letter, read by Sir Charles Wood during his speech in

1850, is conclusive to the contrary. The writer, who was manager

of a large provincial Savings Bank, wrote: "I have had occasion to

remark that the chief inducement to deposit money by those for

whom Savings Banks are intended, consists in having a _safe place_

for deposit, and that the amount of interest for the most part is

but a secondary consideration; whereas those persons whose means

are greater, and who do not actually require Savings Banks, use

them to suit their convenience when the Funds are high, and take

out their money from the Savings Banks to invest in the Funds when

low, just at that very time when the withdrawal occasions loss to

the country." He then expressed an opinion almost identical with

one which Mr. Tidd Pratt has often given, that "20_l._ would be

quite sufficient to allow a person to deposit in one year," and

that, "when the deposits reach 100_l._ there is no necessity to

allow further deposits to be made." Again, the Rev. W. Rowan,

Treasurer of the Tralee Bank, when asked in the Committee of 1849,

if he thought changes were necessary in Savings Banks, answered

that, "The Savings Bank system must either become a general

failure, and the funds invested in them withdrawn, or you must

place it upon an entirely different footing with respect to

inspection and working."

[91] A bill to continue the Act of 1848, "for Amending the Laws

relating to Savings Banks in Ireland," was carried through

Parliament in this session.

[92] The gentleman to whom reference was here made is the present

Comptroller-General, the veteran public servant Sir Alexander

Young Spearman. This gentleman, of whom all parties speak as a man

of irreproachable character and eminent abilities, has now (1866)

been fifty-eight years in the public service. To him is no little

owing the efficiency with which his department is now managed, and

the increased facilities which have been given to the public in

all things connected with the provident habits of the people. It

may not be out of place here to state, with reference to the

office held by this gentleman, that it was formed about the

commencement of the present century, whereas the Commissioners

date from the creation of the Sinking Fund in 1786. Sir Alexander

Spearman succeeded Mr. Higham in the position. As more than one of

the witnesses at the Committee of 1858 did not know who formed the

Board of Commissioners, of whom they were constantly speaking, and

another did not know whether the Board ever met, it may be new to

some readers, if we say that the Commissioners for the Reduction

of the National Debt consist of the Speaker of the House of

Commons, the Master of the Rolls, the Chief Baron of the

Exchequer, the Chancellor of the Exchequer, the Accountant-General

of the Court of Chancery, and the Governor and Deputy-Governor of

the Bank of England. The Board held a meeting once in each

quarter. Three Commissioners form a quorum, and their powers are

defined by Act of Parliament. The Comptroller-General acts in the

capacity of Secretary to the Board, and is entrusted with the

carrying out of its orders. The expenditure of the National Debt

Office amounted, in 1856, to about 14,000_l._; but must have

increased considerably since that date.

[93] "To amend the Laws relating to Savings Banks, and, in certain

cases, to give the guarantee of Government to the depositors for

the repayment of the sums legally deposited in such Savings

Banks."

[94] In a long petition to the House of Commons from the Trustees

and Managers of the St. Martin's Place Savings Bank, this bill is

strongly opposed, thus showing that Mr. Gladstone had not

succeeded with the managers of that institution. Speaking of the

direct Government guarantee proposed to be given, the managers say

that they "find the proposed change fettered with such a variety

of intricate and cumbersome official regulations, as cannot fail

in practice to prove greatly annoying and vexatious to depositors,

and perplexing to the managers of the banks and their officers,

upon whom will still devolve duties and responsibilities

ill-defined under the provisions of this bill, and not capable of

being sufficiently understood or explained; subversive, as the

proposed change will also prove, in this and many other

well-regulated Savings Banks, of those systems of entry and check

under which their present accuracy of accounts is so admirably and

indisputably maintained." They objected to the reduction in the

rate of interest, treated of several other minor matters, and

again prayed that a full inquiry should be made by a committee

before any bill was passed.

[95] "You take the money of these depositors, and you give them

the entire security of the State for their money. They cannot have

a better security; and if you give them that, they have no

interest in the employment of the money: it does not signify to

them if you fling it to the bottom of the sea. So long as the

Treasury of the country is sound, it does not matter one rush what

the Chancellor of the Exchequer does with the money. If he invests

it well, they are no richer; and if he plays all the tricks of the

mountebank, or disposes of it with the artifice of the swindler,

they are none the poorer. The depositor in Savings Banks have

nothing to do with the question, and it is only weakening and

impairing their position to make them depend upon the prudence of

the minister, instead of upon the credit of the British public."

Savings Bank managers held a strong opinion against what they

called jobbing with their funds. They said Mr. Goulburn had

promised that the practice should be stopped; and it was, in 1844;

but that Mr. Gladstone had revived the practice illegally in 1853.

These bills were not introduced in 1855.

[96] _Hansard_, vol. cxxxvi. 1854.

[97] _Hansard_, vol. cxliv, p. 1292.

[98] A clause was added to the bill now introduced to prohibit the

assumption of the title of "Savings Banks," by institutions not

established under the Savings Bank Acts.

[99] A few days after this, Sir George Lewis gave a pledge to

Viscount Goderich that, if the bill passed, the Committee should

be appointed to consider every question that Sir H. Willoughby had

raised.

[100] The trustees of the principal Savings Banks again petitioned

against the bill. The petition from the St. Martin's Place

institution prayed "your honourable House to pause ere you pass

such an Act as would assuredly compel your petitioners, and, in

their view, all parties similarly situated, to resign the charge

which they have hitherto had so much pleasure in fulfilling, and,

as they may venture to assert, with entire satisfaction to the

parties pecuniarily interested." In their opinion "considerably

more importance has been attached to the terms 'Government

security,' and 'Government guarantee,' than the facts of the case

would require."

[101] Mr. Sikes said (2,628), "I believe that one great essential

for the future progress and prosperity of Savings Banks would be

the guarantee of the Government for every deposit duly made in the

hours of business." Mr. Wortley said (1,570) that he thought it a

desirable thing, and also Government auditors or inspectors. Mr.

Hope Nield (1,937) thought it "desirable decidedly, if it can be

obtained without trammelling or destroying the operations of the

banks." Mr. Maitland "had no doubt whatever about it being a

desirable thing, if it can be safely given" (2,153). Sir Alexander

Spearman gave his opinion at greater length (4,368). "There will

be no satisfactory amendment of the law unless the security of

Government is given to depositors. I think it is impossible that

the present state of things should be allowed to continue. The

question has often been discussed, and depositors in many cases

have believed that they had the security of Government, and found

to their cost that they had not; complaints are constantly

arising; applications are constantly made to know whether they

have the security of Government or not. I think myself that

depositors are entitled to have the real protection of a

Government security, but I think also that it will be quite

impossible to give this security without at the same time giving

to the officers of Government a very different power of dealing

with the management of Savings Banks. It would be idle to talk of

the one without the other." So weighty are the conclusions to

which the Committee of Inquiry came on the subject of this

guarantee that we present them here _in extenso_. "A very general

impression prevails throughout the country that the Government is

bound to make good a deficiency whenever a deficiency occurs; a

claim accordingly has been made, in several instances, on

Parliament to replace the money of depositors in cases of

defalcation. This impression is not warranted by the laws which

regulate Savings Banks. It is difficult, however, to maintain that

Parliament, having released local trustees from their liability,

should not be bound to provide some other guarantee for the money

of depositors, who have no share themselves in the management of

their bank. It appears to your Committee that an alternative ought

to be given, and freely offered to the choice of trustees, either

to secure the guarantee of Parliament upon such conditions as the

commission shall prescribe, or themselves to undergo the same

liability in regard to Savings Banks as was enacted by 9 Geo. IV.

c. 92, s. 9. The able actuaries connected with various large

banks, who have attended your Committee, have detailed various

methods by which imposition and error may be rendered almost

impossible in large establishments; but in the case of the smaller

banks, where the funds are not adequate to provide a staff of paid

officers, it will be for the Commission to see what arrangements

they can make to check misconduct, and to afford to depositors, at

least once a year, a certainty that their money has been duly

lodged with the Government, for which purpose some valuable

suggestions were made by several of the witnesses experienced in

the practical management of banks. In one point all the witnesses

concur; and your Committee must record their own opinion to the

same effect, that the most effectual restraint upon malversation

is to be found in the presence of a second party in every

transaction where money is paid or received; and that a rule to

this effect ought to be imperative in all banks, under a penalty

on its infringement."

[102] The Committee sat six days deliberating on their Report

after all the witnesses had been examined. Draft reports were

proposed by Mr. Ayrton, Sir Henry Willoughby, and the Chairman,

the report ultimately carried, after a few emendations, being that

by Mr. Estcourt.

[103] Sir Alexander Spearman, who clearly explained the facts to

the Committee of 1858, also described the routine gone through

when Savings Banks made investments with Government. They first

certify the appointment of trustees; then, appoint an agent in

London, generally a banker, through whose hands the money passes.

When the trustees of a Savings Bank wish to invest, they send up a

notice to their agent, who presents it at the National Debt

Office, where an order is given to the Bank of England to receive

the stipulated sum and place it to the account of the fund for the

Banks for Savings. Next morning a receipt is sent from the Bank of

England to the National Debt Office, and from thence to the

trustees who remitted the money. A somewhat similar proceeding

takes place on the trustees of any Savings Bank wishing to

withdraw money. It is done through the agent, who gives the

necessary notice of withdrawal. No money is paid or received at

the National Debt Office, but at the Bank of England, the

Commissioner simply keeping the accounts.

[104] "Suppose any bank should question the way in which their

funds had been invested?"--"My answer would be," said Sir A.

Spearman (4,029), "that this was a matter which did not in the

least concern them. I am not aware that the Act of Parliament in

any shape or in any manner makes the Commissioners or their

officers responsible in the slightest degree to the trustees of

Savings Banks." When asked if, "Supposing the money were used for

financial purposes, or not invested at all, or invested so as to

produce little interest, would Savings banks have a right to

complain?" this witness answered, he "did not think so. What the

Commissioners are responsible for is, to repay to the trustees of

Savings Banks the amount received from them, together with the

amount of interest due, whenever they call for it." "They are

responsible for that, and nothing more."

[105] A little prior to this, Lord Monteagle had spoken at great

length and with great animation on the same subject in the House

of Lords. He then went the length of saying, that, "now the money

was coveted not so much on account of inculcating the growth of

provident habits, but that it should afford the Chancellor of the

Exchequer a large capital, which might be sold, bought, exchanged,

or invested in Exchequer bills, or in stock, at the will and

pleasure of the financial minister; and, consequently, that he

could thus be enabled, as he saw fit, to influence the

Money-market to an extent which no individual or combination of

capitalists could possibly either equal or counteract." He added,

that he could have no objection to the mere buying and selling of

securities, so far as the Savings Banks were concerned; what he

objected to was, that these transactions should be so carried on

as to affect the value of the public securities and influence the

Stock-Market--"rig the market," as a member of the House of

Commons said at the same time.

[106] Sir Francis Baring, Sir Charles Wood, Mr. Gladstone, Mr.

Disraeli, and Sir George C. Lewis.

[107] Exchequer-bill purchases, as we gather from the evidence

taken before the Committee of Inquiry, are made in two modes. If

the purchases are to be made in the market, the Cashier of the

bank is directed in the same manner as when he is told to purchase

Stock; pays for the bills out of the Savings Bank fund, and

carries them to the credit of the Commissioners. The other mode

is, by the issue of temporary Exchequer bills, such as Deficiency

bills, or Ways and Means bills. Deficiency bills are bills issued

under the authority of 57 George III., to enable the Government to

provide for a temporary deficiency of money in the Exchequer.

Deficiency bills are issued either to the Bank of England, or held

temporarily by the National Debt Commissioners through the bank,

the bank paying the money to the Exchequer, and paying itself the

next day out of the Savings Bank fund. Ways and Means bills are of

a pretty similar character, but chargeable to the revenue of the

next succeeding quarter, and not, as in the former case, of the

current one. Supply bills are of a still more permanent character,

and are often held on from year to year, and are exchanged from

year to year.

[108] Mr. Boodle was for allowing part of the money to be

otherwise invested than with Government. He suggested land

drainage. Mr. Sturrock and Mr. Sikes were for keeping one-third of

the money in the hands of trustees, to be invested "in freehold

securities of unquestionable character," or in railway debentures.

Mr. Deaker, Mr. Jameson, and Mr. Finney agreed. Lord Monteagle was

"driven to the conclusion" of saying that in investing Savings

Bank deposits, "you ought to deal in State securities and nothing

else." The opinion of the Committee on the subject may of course

be gathered from the digest of their report already given.

[109] The indefatigable bank managers of London again sent round

petitions against the proposals, and when they were presented to

the House, one member, Mr. Hubbard, remarked they "were all

apparently from one mint:" and indeed no secret was made of its

being so.

[110] So convinced was one individual organ--accustomed to treat

largely of such subjects--that the bill now proposed would fail to

accomplish any good, that it insisted upon its being called a

"Bill to provide for the speedy extinction of all old Savings

Banks, and to give a heavy blow and great discouragement to the

trustees and managers thereof."

[111] _Hansard_, vol. clxvi. p. 1394.

[112] _Hansard_, vol. clxvi. p. 1974. It is not often that Mr.

Griffith speaks the sentiments of the generality of English

people, but he almost did so in this instance. No amount of

tinkering could now make the old banks as simple, secure, and

efficacious as those on the new plan. Mr. Griffith not having gone

the length of mentioning any time, his prophecy was eminently a

safe one. No one is more to blame, if indeed any one is to blame

at all for such a state of things, than the authorities of Savings

Banks themselves. Whilst they were systematically opposing with

suicidal obstructiveness every measure of amendment, the whole

ground was suddenly cut from under them by the institution of

Postal Banks.

[113] Appendix B.

A History of Banks for Savings in Great Britain and Ireland · 第 6 / 13 章