conditions, of which they complain; but of no avail. They will accept and break them with equal indifference."[1] "The most stringent laws might be passed for the government of banks, yet experience has shown that as long as they had life they would set all laws at defiance as soon as the Assembly adjourned."[2]
We search almost in vain through the law reports for any decisions on the rights or authority of the State over banks or the duties of banks to the State. It may be said that no attempts were made to test or enforce the rights of the State against banks, and that, as a matter of practice, it had none. The banks were almost irresponsible. Such decisions as bear at all on the authority of the State over banks proceed from the attempts of the banks to resist the exercise of any authority whatever. For instance: the banks which had charters resisted the appointment of Bank Commissioners,[3] which was an exercise of visitorial power, and was the lever by which the States, after 1840, began to reduce the banks to order. They would never have accomplished this, however, if it had not been that the banks themselves were weakened and humiliated by the consequences of their own misbehavior, and, being liable to forfeiture, were forced to come to terms during the liquidation of that period. The States were reluctant and timid, even about taxing banks, when the charter was silent on the subject, although the Supreme Court of Pennsylvania decided, as soon as the case was presented, that "the taxing power is an incident of the State's sovereignty, and the State does not lose it by a charter which says nothing on the subject."[4]
Three assignments were made for the United States Bank during the year 1841. The first trust was created in May for the post-notes in the hands of the city banks, $5.4 millions in amount. These were provided for by securities to the value of $7.7 millions. The liabilities in Europe, $15.8 millions, were to be provided for by collateral of the estimated value of $24.7 millions. The second trust was for the circulation, deposits, and other bank balances, amounting to $5.4 millions, for which assets were assigned amounting to $12.9 millions. The remaining liabilities were $2.2 millions and the remaining securities, $17.7 millions.[5] The third trust was created September 4th, the city of Philadelphia, as trustee of the Girard fund, having sued the Bank for $1.3 millions which had been loaned to the Bank out of that fund.[6] The United States, about the same time, got judgment against the Bank on the damages for the French bill, and applied to the United States Circuit Court of Pennsylvania for a bill in equity to have the trust set aside and a receiver appointed.[7] Some stocks, to the value of about $1,000, were reserved out of the assignments, in order to keep up the charter.[8]
In September, Gouge said that the Bank of the United States must be
- ↑ 9 Adams's Diary, 546, May, 1838.
- ↑ Ford's Illinois, 299.
- ↑ Commonwealth versus Farmers and Mechanics' Bank, 21 Pickering, 542.
- ↑ Bank of Penn. versus Commonwealth, 19 Penn., 144.
- ↑ 60 Niles, 201.
- ↑ 61 Niles, 32, 70.
- ↑ See page 215.
- ↑ 8 Robinson, Lousiana Reports, 287; where the text of the three assignments is given.
