Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850Benton, Thomas Hart
History
Thirty Years' View (Vol. 2 of 2): or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850
Benton, Thomas Hart
United States -- Politics and government -- 1815-1861
decree has gone forth for the decision of the question--for the
trial of the issue--for the verdict and judgment upon the claim of
the banks. They have many privileges and exemptions now, and they
have the benefit of all laws against the community. They pay no
taxes; the property of the stockholders is not liable for their
debts; they sue their debtors, sell their property, and put their
bodies in jail. They have the privilege of stamping paper money;
the privilege of taking interest upon double, treble, and quadruple
their actual money. They put up and put down the price of property,
labor, and produce, as they please. They have the monopoly of
making the actual currency. They are strong enough to suppress
the constitutional money, and to force their own paper upon the
community, and then to redeem it or not, as they please. And is it
to be tolerated, that, in addition to all these privileges, and all
these powers, they are to be exempted from the law of bankruptcy?
the only law of which they are afraid, and the only one which can
protect the country against their insolvent issues, and give a
fair chance for payment to the numerous holders of their violated
"promises to pay!"
I have discussed, Mr. President, the right of Congress to apply
a bankrupt law to banking corporations; I have discussed it on
the words of our own constitution, on the practice of England,
and on the general authority of Parliament; and on each and every
ground, as I fully believe, vindicated our right to pass the law.
The right is clear; the expediency is manifest and glaring. Of all
the objects upon the earth, banks of circulation are the fittest
subjects of bankrupt laws. They act in secret, and they exact a
general credit. Nobody knows their means, yet every body must trust
them. They send their "promises to pay" far and near. They push
them into every body's hands; they make them small to go into small
hands--into the hands of the laborer, the widow, the helpless,
the ignorant. Suddenly the bank stops payment; all these helpless
holders of their notes are without pay, and without remedy. A few
on the spot get a little; those at a distance get nothing. For each
to sue, is a vexatious and a losing business. The only adequate
remedy--the only one that promises any justice to the body of the
community, and the helpless holders of small notes--is the bankrupt
remedy of assignees to distribute the effects. This makes the real
effects available. When a bank stops, it has little or no specie;
but it has, or ought to have, a good mass of solvent debts. At
present, all these debts are unavailable to the community--they go
to a few large and favored creditors; and those who are most in
need get nothing. But a stronger view remains to be taken of these
debts: the mass of them are due from the owners and managers of
the banks--from the presidents, directors, cashiers, stockholders,
attorneys; and these people do not make themselves pay. They do
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