The Stock Exchange from WithinVan Antwerp, William C. (William Clarkson)
History
The Stock Exchange from Within
Van Antwerp, William C. (William Clarkson)
New York Stock Exchange; Stock exchanges
So far as I am aware the Statutes of Henry III and Edward I, under
which these culprits were punished, constitute the earliest official
attempts to repress speculation by law. After the Revolution, the Bank
of England having been organized and bank shares created, a speculative
outburst occurred that led to the enactment of fresh legislation
entitled “An act to restrain the numbers and ill practices of brokers
and stock-jobbers,”[78] but this law lapsed or was repealed ten years
later. In 1707 a law was passed licensing brokers and making it
unlawful for unlicensed brokers to do business,[79] and in 1708 City
rules were established for brokers, obliging them to give bonds for the
proper performance of their duties. In 1711, 1713, and 1719, laws were
enacted similar to the Act of 1707.
Then came the speculative schemes of 1720, of which the most famous or
infamous was the South Sea Company, designed to make fortunes for its
shareholders in the slave-trade and in whale fishing. It was followed
by many other projects almost fantastic in their wildness to each of
which the public subscribed liberally. Where all the money came from
that kept this disastrous speculative mania alive is something one
would like to know. There seems to have been no limit to it. South Sea
shares stood at 120 in April of 1720; in July they had reached 1020,
and, after that, the collapse. The company became a “bubble,” and a
burst one at that--and a great popular outcry followed. It resulted, in
1734, in the passage of Sir John Barnard’s “Act to Prevent the Infamous
Practice of Stock-Jobbing,” the preamble reciting:
“Whereas, great inconveniences have arisen, and do daily arise, by
the wicked, pernicious, and destructive practice of stock-jobbing,
whereby many of His Majesty’s good subjects have been and are
diverted from pursuing and exercising their lawful trades and
vocations to the utter ruin of themselves and their families, to
the great discouragement of industry, and to the manifest detriment
of trade and commerce.”
This act forbade bargains for puts and calls, and also “the evil
practice of compounding or making up differences”; but its principal
provision was the prohibition of short selling under penalty of £100
for each transaction. There was, of course, an appeal to the courts,
which held that the statute did not apply to foreign stocks nor to
shares in companies, but only to English public stocks, a decision that
effectually put an end to the usefulness of the law. It remained on the
statute books, however, and it was occasionally resorted to by persons
who sought to evade the fulfillment of their speculative contracts--a
class of persons known to-day as “welchers.”
Public-domain text, read in full here on John Shaqi.
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