OF THE U NIVERS ITY Of ILLI NOIS Dye> The Development of Banking 'in Illinois, 1817-1863 BY GEORGE WILLIAM DOWRIE A. B. Lake Forest College, 1901 A. M. The University of Chicago, 1907 Thesis Submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Economics in the Graduate School of the University of Illinois, 1913 Copyright, 191 3 By the University of Illinois 1, CONTENTS CHAPTER I PAGE The Monetary Situation in Illinois Previous to the Establish- ment of Banks 6 Few white settlers in Illinois before 1817 — Scarcity of money — Animal skins formed principal medium of exchange. CHAPTER II The Territorial Banks '. 9 Four banks chartered — Provisions of the charter of the Bank of Illinois — History of its operations — Provisions of the charter of the Bank of Edwardsville — Its history — The Edwards-Crawford controversy — Provisions peculiar to the charters of the Banks of Cairo and Kaskaskia — Their failure to operate — Review of con- ditions during the period — Analysis of the banks' statements. CHAPTER III Banking a State Monopoly 22 Provisions of the Constitution of 1818 concerning banks — First state bank chartered — Failure to operate — Second state bank chartered — Opposition to the project — Provisions of the charter — State bank notes issued to needy inhabitants of the state — Rapid depreciation of the notes — -The Coles investigation — Remedial and relief legislation — The Edwards investigation — Further remedial and relief laws adopted — Measures for the final settlement of the bank's affairs — The Wiggins loan — The Duncan affair — Further relief legislation — Analysis of the bank's statements — Extent of the state's loss. CHAPTER IV Banking and Internal Improvements 59 No local banks of issue from 1831-35 — Demand for new state bank — New state bank chartered — Provisions of the charter — Old Bank of Illinois revived — Bank of Cairo opened — Contest for control of state bank Early operations of the bank — Effort to obtain government deposits — Internal Improvement mania seizes Illinois — State becomes majority stockholder in state bank and in Bank of Illinois — Legislative investigation — Panic of 1837 — Banks suspend — Suspension legalized—Crisis of 1839 — Banks again sus- pend — Investigation of state bank reveals excessive loans to speculators — Banks and state in desperate situation — State bank forced to resume — Suspension again authorized — Bank manage- ment becomes reckless — Banks close their doors — Analysis of their balance sheets — State bank placed in liquidation — Progress of the settlement — Terms of the Bank of Illinois liquidation bill — Pro- gress of the settlement of its affairs — History of the Bank of Cairo — Illegal banking in Chicago. he Free Bank System of Illinois No banks of issue from 1843-51 — New constitution provides for general banking law — Free bank system adopted — Provisions — Few banks established at first — Amendments of 1853 put an end to illegal issues — Bank commissioners' recommendations — Panic of 1854 — Auditor's report and recommendations, 1855 — Large amount of foreign paper in Illinois — Amendments of 1857 — Panic of 1857 — Rapid increase in number of banks — Secession of South causes collapse of the Illinois banking system — Comparative study of different types of Illinois banks — Legislature reconstructs bank- ing system — Constitution of 1862 providing for abolition of incor- porated banks, rejected — Effect of national banking act and ten per cent tax law — Legislature abolishes banks of issue. CHAPTER V UNJC PREFACE Early Illinois banking passed through four distinct cycles. The first originated and reached its climax be- tween the years 1814 and 1819. The second began in 1821 and reached a culmination in 1824-25. The mania for internal improvements in the thirties caused the develop- ment of a third movement which came to a climax in 1837. The adoption of the stock bank system in 1851 began the fourth cycle which attained its highest point in 1860. The results of this study show that in each of these movements events follow a regular sequence: (1) An urgent demand on the part of a needy community for a plentiful medium of exchange; (2) The passage of a law providing for a generous issue of poorly safeguarded paper; (3) A brief period of fictitious prosperity largely due to speculation; (4) A crisis which at first results in the suspension of redemption and later in the collapse of the bank of issue; (5) Hard times; (6) The develop- ment of a strong anti-bank sentiment ; ( 7 ) The beginning of the next cycle after a surprisingly brief interval. The method of treatment followed has been to outline the laws passed by the legislature and to show two things : ( 1 ) The causes which led to the enactment of the measures ; and (2) The effect which the legislation produced upon the community. The material has been gathered from legislative records, newspapers, banking journals, county and state histories, and the letters and biographies of prominent men. Special mention is due the invaluable treatise of Governor Thomas Ford Avho was present at practically every session of the legislature before 1846. The general works of Knox and Sumner and the monograph on "State Banks of Issue in Illinois" by Garnett have proved useful in checking up conclusions drawn from common sources. The thanks of the writer are especially due to Professor E. L. Bogart and Doctor C. M. Thompson who have read the manuscript of this study and made many valuable suggestions. He is also indebted to the other members of the department of economics at the University of Illinois for numerous helpful suggestions. 5 CHAPTEIi I The Monetary Situation in Illinois Previous to the Establishment of Banks. The first white settlements in Illinois were colonies founded by French traders and missionary priests along the Mississippi Kiver. For local purposes these colonies made use of Indian currency and pelts of wild animals or of the certificates of deposit issued by the royal ware- houses in payment for furs. 1 The few commodities received from the outside world were paid for by shipments of corn, pork and skins "down the river". Little had been done toward developing the resources of the territory when France gave way to England in 1763. 2 The coming of the English soldiers in 1765 caused some of the two thousand French settlers to cross over to the western bank of the Mississippi, but on the whole conditions remained unchanged during the brief period of British rule. 3 After 1778 when George Kogers Clark took possession of Illinois, the best element of the French population migrated across the river and French influence upon Illi- nois history was soon effaced. Moreover, American set- tlers for a time came very slowly and it was not until 1800 that the population of Illinois again approximated 2500, the point it had reached fifty years before under the French. During the next decade a somewhat larger tide of immigration set in but it was not until the close of the war of 1812 that there was a serious demand for banks. 4 The people with the exception of a few small merchants 1 Thompson, The Monetary Situation in Nouvclle France, Journal of the Illinois State Historical Society, iv, 146. -Thwaites, Jesuit Relations, lxix, 143 ff. 3 Alvord, Illinois: The Origins, 9 ff. Hbid. 6 365] SITUATION PRIOR TO BANKS 7 were engaged in agriculture and the few needs of the family were supplied at home. The flax field and the flock of sheep provided the raw material for the house- wife's spinning wheel and loom, while the house and its furniture were constructed of the crude materials at hand. 5 In 1802 it was estimated that not one pioneer in ten possessed a single dollar in specie. In fact, long after the state was admitted to the Union, the receipt of a letter involved a considerable search on the part of the recipient for the twenty-five cents in specie which was the usual postage on letters from the East. 7 As far as the few local transactions were concerned, the pelts of the heaver, the raccoon, the wolf, and the deer were universally acceptable and for a long time continued to serve as money in the more backward portions of the state. 8 "Wolf scalps were as good as county orders and with bear, deer and 'coon skins were exchangeable for tax receipts." 9 When the publisher of one of the early Illinois newspapers found it impossible to meet his bill for paper in any other way, he shipped to his eastern creditor nine and a half dozen deer skins valued at six dollars apiece. 10 The occasional pieces of money which found their way into the West were eagerly seized upon by the merchants and used in making remit- tances to the East. In like manner the few notes of the United States Bank which reached the West were even more eagerly sought after on account of the smaller risk attached to sending them. 11 In 1810, according to the census of that year, there were only 12,284 persons in Illinois, and what little immigration there was was checked Perkins and Peck, Annals of the West, 714; Ford, History of Illinois, 41 ; Smith, St. Clair Papers, ii, 438, 439. Boggess, The Settlement of Illinois, 1778- 1830, 21-2 6 Michaux, Travels, 226. 7 Heylin, History of Fulton County, 702. 8 Ford, History of Illinois, 43; Clarke, pub., History of Pike County, 104; Goodspeed, pub., History of Gallatin, Saline, Hamilton, Franklin and Williamson Counties, 113. 9 Goodspeed, pub., History of Gallatin, etc., Counties, 236. 10 Ibid., 113. 11 Michaux, Travels, 127. 8 THE DEVELOPMENT OF BANKING IN ILLINOIS [366 by the outrages of the Indians before and during the War of 1812. 12 The close of the war marks a distinct transition in the economic life of the people of Illinois. In the first place there was a large influx of settlers who brought some money with them and thus created a demand for a better medium of exchange than animal pelts. Secondly, better agricultural methods were introduced. The new settlers instead of spending a large part of their time in hunting and fishing, improved their land and built substantial buildings upon it. 13 ' Steamboats now plied between St. Louis and the ports on the Ohio and Mississippi with the result that Illinois produce could be marketed at a profit and pieces of money became less of a curiosity to the Illinois farmer. Lastly, the passage of a liberal land law had stimulated the purchase of Illinois farms to such an extent that two land offices were established in the territory and by 1816 over half a million acres were sold. 14 The whole period from 1814 to 1819, in fact, is characterized by the rage for speculating in farms and town lots, accompanied by a persistent clamor for a plentiful supply of currency. For this reason, the chief function of a western bank seems to have been to manufacture paper money and issue it on easy terms to the ambitious but impecunious in- habitants. 12 Greene, Government of Illinois, 119. 13 Reynolds, My Own Times, 176; Boggess, The Settlement of Illi- nois, 1778- 1830, 118 ff. 14 Ford, History of Illinois, 43. CHAPTER II The Territorial Banks. The members of the territorial legislature were sub- jected to constant pressure by their constituents to follow the example of Ohio and Kentucky in each of which states there had been established a number of private banks. 1 They at length yielded to this demand and at their ses- sions of 1816-17 and 1817-18 granted charters to the fol- lowing institutions: the Bank of Illinois, the Bank of Edwardsville, the Bank of Kaskaskia and the City and Bank of Cairo. The Bank of Illinois was located at Shawneetown, a thriving settlement on the Ohio River just below the mouth of the Wabash. The United States saline works which produced about three hundred thousand bushels of salt a year were only a few miles away, while a large part of the tide of immigration made this point its first stopping place in Illinois. At the time the bank opened there were five hundred inhabitants, a number of stores and taverns, a newspaper office, a United States land office and a private bank, established in 1813. 2 The business of the last named enterprise, however, passed into the control of the Bank of Illinois. 3 The charter granted to "the President and Directors of the Bank of Illinois" contained the following provisions : The capital stock of three hundred thousand dollars was divided into shares of one hundred dollars each; one third of them to be reserved for the territory or the pros- pective state of Illinois, if the legislature cared to purchase them. Business was to begin when fifty thousand dollars had been subscribed and ten thousand paid in. 4 No limit 1 Ford, History of Illinois, 43. 2 Woods, English Prairie, 129, 130; Report of the Comptroller of Currency, 1876, p. 29; Moses, Illinois Historical and Statistical, i, 263. 3 Knox, History of Banking in the United States, 712. 4 Laws of Illinois, 1816-17, p. 11 ff., Section 1. 9 10 THE DEVELOPMENT OF BANKING IN ILLINOIS [368 was placed upon the shares one person could own, but during the first ten days of subscription no one could subscribe for more than ten shares per day. Owing to the scarcity of specie the payment of only ten dollars down in gold or silver was required, the rest to be paid in notes of other banks at the discretion of the directors so long as not more than twenty-five per cent of the whole was asked for at any time and that after sixty days' notice. 5 The corporation was to continue for twenty years, and during its life could acquire property to the extent of five hundred thousand dollars. 6 Its twelve directors must be resident citizens of Illinois chosen by a plurality vote of the stockholders. Holders of one to two shares had one vote; two to ten shares, one vote for every two shares; ten to thirty shares, one vote every four shares; and so on, the proportionate influence of the larger stock- holders lessening as the size of their holdings increased. 7 Fifteen or more shareholders owning not less than fifty shares could hold a meeting and appoint three of their number to examine the books and papers of the bank. 8 The corporation could hold no lands except such as were necessary for the accommodation of its business and those mortgaged as security for loans or bought at judg- ment executions in the bank's favor. Its debts were not to exceed twice the capital actually paid in, money on deposit not being taken into consideration. If the directors violated this provision they were personally liable for the excess ; but if a director could prove that he was not present or that he voted against the violation of the charter he was exonerated. 9 In its dealings the corporation was limited to bills of exchange, gold and silver, goods pledged and not re- deemed and goods produced on the bank's lands. The 5 Laws of Illinois, 1816-17, p. 11 ff., Section 2. ®Ibid., Section 3. ^Ibid., Section 7. s Ibid., Section 7, Clause 1. *Ibid., Clause 7. 369] THE TERRITORIAL BANKS 11 rate of discount was never to exceed six per cent. If at any time the bank suspended specie payment the holder of the obligation upon which the payment in specie was refused could collect twelve per cent interest until he re- ceived his money. 10 The committee appointed to receive subscriptions hav- ing secured the necessary ten thousand dollars in specie, the bank opened for business January 1, 1817. Shortly afterwards, Secretary Crawford of the United States treasury asked the United States Bank to designate certain banks as additional depositaries of government funds, but the arrangement was so unsatisfactory that it was termi- nated the next year. Mr. Crawford himself thereupon designated certain banks as "agents of the treasury", among them the Bank of Illinois. 11 Under the agreement which went into effect February 1, 1819, the bank received and deposited to the credit of the treasury all current notes of such banks as maintained cash payments, but it had the power to refuse to receive the notes of any bank upon giving the receiver reasonable notice. All drafts upon it by the United States treasurer were to be paid at sight and all amounts above the fixed sum of fifty thousand dollars allotted to the bank as a permanent deposit must be sent to a branch of the United States Bank. 12 If the treasurer desired to pay a sum of money in the neighbor- hood of Shawneetown he could do so even if the bank were left with less than fifty thousand dollars. The Bank of Illinois was required to make monthly reports of its own condition and of its account with the federal govern- ment. Every quarter it was required to add to the regular monthly report a list of its debtors and the amount of their obligations. The privilege of retaining within the community a large share of the money collected by the 10 Laws of Illinois, 1816-17, p. 11, Section 7, Clause 9. ^Niles' National Register, xxvi, 290; U. S., H. of R., 18 Cong., 1 Sess., Doc. no. 128, p. 4. 12 A messenger from the bank carried the money in person to New Orleans or Louisville, often undergoing great danger and hardships. U. S., 18 Cong., 1 Sess., Report of the Secy, of Treas., 444, 525, 545, 55i, 565. 12 THE DEVELOPMENT OF BANKING IN ILLINOIS [370 local land office meant much to the people of Shawneetown as well as to the bank, for the strict supervision by the federal government prevented any serious deviation from the course of legitimate banking. Although the bank was required to meet its obligations in specie, the legislature during the same session at which the charter was granted, passed a law providing that all executions should be subject to a stay of one year unless the party bringing judgment should agree in writing to accept in payment of the execution the notes of the Bank of Illinois and several other western banks. 13 Since the legislature was not permitted under the federal constitu- tion to make the notes legal tender 14 recourse to such devices as the above was necessary in order to protect the debtor class which formed a large part of the popula- tion of the territory. The members of the legislature justified the act by the assertion that it would have been utterly impossible for payment to be made in specie with- out great sacrifice of property. 15 This act, while it worked injury to the bank as a creditor, was beneficial in so far as it stimulated the circulation of its notes. In spite of the fact that the Bank of Illinois enjoyed an unusually good reputation for conservative manage- ment, 16 its progress was impeded by the attacks of its enemies. A feeling of jealousy existed between the towns of Kaskaskia and Shawneetown and between the Bank of Missouri at St. Louis and the Bank of Illinois. Accord- ing to President Marshall of the latter bank, the receiver of public moneys at Kaskaskia pursued the policy of shaking the public confidence in the Shawneetown bank by one day accepting its bills in payment of dues to the 13 The list included the banks of Cincinnati and Chillicothe in Ohio, any bank in Tennessee or Kentucky and the banks of Vincennes and Missouri. Laws of Illinois, 1816-17, p. 20, Section 1. 14 Article 1, Section 10. 15 Laws of Illinois, 181 6- 17, p. 20. 16 The Edwardsville Spectator, August 28, 1821 ; Gouge, The Curse of Paper Money and Banking, 91, n. ; Niles Register, xviii, 78; Moses, Illinois Historical and Statistical, i, 263; Andreas, History of Chicago, i, 526. 371] THE TERRITORIAL BANKS 13 government and the next day refusing them. 17 The Bank of Missouri went a step farther in its hostility toward its weaker rivals. It would refuse to accept their notes for a time and then, in order to present a large amount for redemption, would accept them freely. On one occasion a representative of the Missouri bank appeared at the counter of the Bank of Illinois and obtained twelve thous- and dollars of its small supply of specie in exchange for Bank of Illinois notes. 18 The Bank of Missouri seems to have been an especial favorite at Washington for it re- ceived an unusual share of the government deposits. It was thus able to exercise a poAverful control over its weaker competitors. "Between powerful neighbors and domestic enemies/' 19 the organization and successful conduct of a pioneer bank must have required a considerable degree of ability and courage. In spite of a severe financial stringency extending over two years, the Bank of Illinois continued to carry on its business and succeeded in maintaining specie pay- ment until long after the banks of older states had sus- pended. 20 A few days before suspension was voted, the directors had declared a dividend of eight per cent. The editor of the Edwardsville Spectator attributed this to the government funds on deposit, but the Shawneetown Gazette replied that the bank enjoyed a good healthy busi- ness irrespective of federal deposits and had never refused to redeem a note on demand. 21 The continued struggle in the face of conditions which seemed to have no prospect of improvement at last ( 1823 ) forced the bank to suspend operations. By a succession of compromises with its debtors and creditors it managed to redeem all of its outstanding notes so far as they were 17 Letter of Marshall to Edwards, in Edwards* Papers. 155. 18 Ibid. ™Ibid. 20 Gouge, The Curse of Paper Money and Banking, 91, n. ; Bankers' Magazine, ix, u; U. S., 18 Cong., i Sess., Report of Secy, of Treas., 426, 570. 21 Shawneetown Gazette, quoted in Edwardsville Spectator, August 28, 1821. 14 THE DEVELOPMENT OF BANKING IN ILLINOIS [372 presented; but other liabilities, among them a balance of |28,367.85 belonging to the federal government, could not be met. 22 When, however, after a lapse of fourteen years the bank was reopened under circumstances which will be discussed later, a settlement was made with the United States, and several hundred dollars worth of the original note issue was redeemed. 23 The next bank to be established in Illinois was the Bank of Edwardsville, which received its charter in 1818. Edwardsville, though but a few miles from St. Louis, was a town of considerable importance and a rival of Kaskaskia and Shawneetown for the honor of being the leading com- mercial center of the territory. The provisions of the charter of the Bank of Edwardsville differed from those of the Bank of Illinois in the following minor details: (1) The bank could begin business when five dollars in specie or bills of specie paying banks had been paid down on each share; 24 (2) There was no restriction as to the number of shares to be subscribed for by one person; 25 (3) The bank was not confined to a six per cent discount as the Bank of Illinois had been, but could charge the "legal rate;" 26 (4) Instead of the cumulative plan of vot- ing, the "one share one vote" plan was provided. 27 The stock was placed on sale by a committee of promi- • nent business men of Edwardsville and when, late in the year 1818, the requisite ten thousand dollars in specie, or its equivalent, had been received the bank began busi- ness. 28 In the year or more that had elapsed since the 22 U. S., H. of R., Letter of Secy, of Treas., 1838, Doc. no. 79, 780; Andreas, History of Chicago, i, 526; Knox, History of Banking in the United States, 714. 23 U. S., H. of R., Letter of Secy, of Treas., 1838, Doc. no. 79, 780; U. S. Reports on the Finances, 1829-36, p. 605. 24 Laws of Illinois, 1817-18, p. 65, Section 2. The charter of the Bank of Illinois required the payment of ten dollars in specie. 25 Ibid. Under the Bank of Illinois charter no one person could subscribe for more than ten shares per day during the first ten days. 26 Ibid., 69, Section 7, Clause 7. 27 Ibid., 68, Section 7, Clause 1. 28 Knox, History of Banking in United States, 713; U. S., H. of R., 18 Cong., 1 Sess., Doc. no. 133. 373] THE TERRITORIAL BANKS 15 organization of the Bank of Illinois, conditions had become less favorable for further banking enterprises; hence the Bank of Edwardsville had an even more trying situation to face than did the former institution. 29 A few months after the bank began its operations the directors called for the payment of the second instalment on the shares of stock, but the financial situation through- out the country was such that more than five thousand shares had to be declared forfeited for non-payment. 30 Among the letters of Ninian Edwards, one of the directors of the bank, is one from Eichard M. Johnson, afterwards vice-president of the United States, protesting against such action in the case of General Payne. Johnson inti- mates that those who had been credited with making a second payment probably were accorded the questionable privilege of borrowing the money from the bank and using their shares as collateral security. 31 Through the offices of Edwards, who was then a sena- tor from Illinois, the secretary of the treasury designated the Bank of Edwardsville as well as the Bank of Illinois a depositary of government funds. The conditions noted in the case of the latter bank applied also to the former save that the permanent deposit of the Edwardsville bank was but forty thousand dollars instead of fifty thousand. 32 Although Edwards did not approve of Crawford's system of letting out among a large number of banks funds which should have been cared for by the Bank of the United States, he preferred that the western Illinois collections should be placed in his bank rather than that they should be sent to the Bank of Missouri. 33 Shortly after securing 29 Letter of Marshall to Edwards, in Edwards Papers, 155. 30 Niles' Register, xvii, 186. 31 Edwards Papers, 162; see U. S., H. of R., 18 Cong., 1 Sess., Doc. no. 133, pp. 44, 109. General Payne was the brother in law of Johnson. The members of the Johnson family are said to have held a controlling interest in the Bank of Edwardsville and to have used their political pres- tige to influence Secretary Crawford's dealings with the bank. 32 Niles' Register, xxvi, 291. U. S., H. of R., 18 Cong., 1 Sess., Doc. nos. 128, 133. ^Wiles' Register, xxvi, 141. 16 THE DEVELOPMENT OF BANKING IN ILLINOIS [371 this favor for the two Illinois banks, Senator Edwards returned to Illinois only to find that, the Edwardsville bank was having a hard time with the adverse business conditions which then prevailed. 34 It seemed to have even greater difficulty than the Bank of Illinois in withstanding the severity of the commercial depression and the on- slaught of their common enemies, the Bank of Missouri and the receiver of the public moneys at Kaskaskia. 35 The directors of the Shawneetown bank, mindful of the struggle that attended the launching of their project, were on the whole friendly in their attitude toward the Bank of Edwardsville, although in the spring of 1819 they found it necessary to forbid their cashier to receive its notes. 36 This action was rescinded soon, however, for the officers of both banks realized that they could ill afford to exercise any but the most liberal policy toward each other's paper. In fact, John Caldwell, an officer of the Bank of Illinois suggested to Senator Edwards that at certain times each bank should inform the other as to the amount of the other's notes held by it and should make a practice of sending these notes as far as possible from the bank which issued them. He urged that neither bank present the notes of the other for redemption unless "dire ^ necessity compels the unpleasant measure." 37 As business conditions were daily growing less favor- able to the bank's success, Senator Edwards decided that he could no longer shoulder the responsibility for the safety of the United States deposits which he had procured for the bank. Consequently, he decided to sever his con- nection with the bank's management, and asked President Stephenson to notify Secretary Crawford of his action. Since Mr. Stephenson was also receiver of public moneys at Edwardsville, Mr. Edwards urged him to withhold from the bank all government funds in his possession until Mr. Crawford had had an opportunity to take whatever action lies' Register, xxvi, 142. 35 U. S., 18 Cong., 1 Sess., Report of Secy, of Treas., 495. 38 Edwards Papers, 156. 37 Letter of Caldwell to Edwards, in ibid., 158. 375] THE TERRITORIAL BANKS 17 was deemed advisable. A few weeks later, Edwards made an announcement of his resignation through the news- paper columns, but assured the public that the Bank of Edwardsville was in good condition and under careful management. As proof of the bank's soundness, he stated that the amount of specie on hand was more than twice the amount of outstanding circulation, that none of the directors had borrowed heavily, some of them not at all, and that General Payne, the largest individual stockholder had never asked for accommodation and had always urged that the bank's affairs be conducted with the greatest caution. 38 The financial situation, however, was rapidly becom- ing more serious. As a result of the failure of the Bank of Missouri in September, 1821, a run was made upon the Edwardsville bank by note holders from St. Louis and St. Charles. The directors were warned the night before of their coming and opened the doors of the bank at seven the next morning, keeping them open until several hours after closing time in the evening. This policy was con- tinued for several days in the hope of restoring confidence but the bank was soon compelled to suspend specie pay- ments. 39 President Stephenson immediately apprized Sec- retary Crawford of the action and assured him that the United States funds were amply secured. 40 Secretary Crawford designated Edward Coles, afterwards governor of Illinois, to adjust the claim of the United States, but no settlement was reached aside from the transfer in trust of a large part of the bank's assets as security for the govern- ment deposits. 41 Little is known of the final settlement of the bank's affairs save that the assets dwindled away and the United States never recovered any part of the f 46,800 on deposit 38 U. S., H. of R., 18 Cong., i Sess., Doc. no. 133, pp. 85, 105, no. 128, p. 8. 39 U. S., H. of R., 18 Cong., 1 Sess., Doc. no. 128, p. 9; Edwardsville Spectator, August 21, 1821, September 11, 1821. 40 U. S., H. of R., 18 Cong., 1 Sess., Report of Secy, of Treas., 560. "Ibid., 566. 18 THE DEVELOPMENT OF BANKING IN ILLINOIS [376 at the time the bank closed. 42 Senator Edwards stated that the assets which were set aside as security for the deposit were at the time more than ample to reimburse the government, but that Secretary Crawford, out of defer- ence to the Johnsons and General Payne had delayed set- tlement until the securities in trust had become worth- less. 43 In 1823 when a committee of the House of Repre- sentatives at Washington was investigating the question of public deposits, Edwards was summoned to appear be- fore it. In the course of his examination, he repeated his charge against Crawford, adding that he himself had warned Crawford long before the bank failed. The next year he accepted the post of minister to Mexico and was about to leave for that country when Secretary Crawford sent to the House a stinging reply to the charge. He denied that Edwards had given him any intimation as to the bank's condition. Edwards immediately resigned his appointment and preferred formal charges against Craw- ford. A committee of the House made a thorough investi- gation of the whole affair ; its conclusion was that "nothing has been proved to impeach the integrity of the Secretary or to bring into doubt the general correctness and ability of his administration of the finances." 44 They found that the evidence sustained Edwards in his statement that he had published in the newspapers his intention of with- drawing from the bank, but there was no evidence that either he or the receiver of public moneys ever informed Secretary Crawford about the bank's condition. In fact, since Mr. Stephenson, the receiver, was also the president of the bank, the committee thought it but natural that he should fail to warn Mr. Crawford that the bank was not in first rate condition. The committee urged, however, that the practice of appointing the presidents of depositary banks to be receivers of public moneys be discontinued. 42 U. S. Reports on Finances, 1829-36, p. 605. ^Niles' Register, xxvi, 140 ff., 274, 290; Edwards, Life and Times of Edwards, 135 ff. * 4 U. S., H. of R., 18 Cong., 1 Sess., Doc. nos. 128, 133; Miles' Regis- ter, xxvi., 174. 377] THE TERRITORIAL BANKS 19 A charter almost identical with the one granted to the Bank of Illinois was issued to the president, directors and company of the Bank of Kaskaskia in 1818. 45 Had the bank been started earlier there is little question but that it would have succeeded. As it was, even the ability and integrity of its officers and its location in the principal settlement and capital of the territory were not able to neutralize the effect of the provision requiring that sub- scriptions be paid in gold and silver coin. This require- ment had been met a little over a year before by the stock- holders of the Bank of Illinois, but the territory was now on the eve of hard times so the Bank of Kaskaskia never transacted business. As Justice Shelton puts it in his de- cision in the case of the People vs. Lowenthal : "It issued no paper money and it cannot be said to have defrauded any man." 46 The incorporators of the City and Bank of Cairo undertook to launch a most pretentious enterprise on the site of the present city of that name. With the idea of founding a great metropolis they had become the owners of eighteen hundred acres of land at the junction of the Ohio and Mississippi rivers. 47 They were required by the charter to lay off the site into city lots which were to be sold at one hundred and fifty dollars each. Fifty dollars of this amount was to be devoted to building dikes and levees and constructing public buildings, while the remain- ing one hundred dollars was to be used as capital for a bank. 48 For this sum two fifty-dollar shares were to be issued, one to belong to the purchaser of the lot and the other to the company. When five hundred lots had been sold, a stockholders' meeting was to be held and thirteen resident citizens chosen as directors. 49 The bank was to begin the issue of notes as soon as the money for the lots **Laws of Illinois, 1817-1818, p. 82. 46 93 Illinois, 191. This same statement appears in Brown, History of Illinois, 428, 429. * 7 Laws of Illinois, 1817-18, pp. 72, 73. <9 Ibid., 75, Sectioft^. 49 Laws of Illinois, 181 7-1 8, p. 76-7, Section 7. 20 THE DEVELOPMENT OF BANKING IN ILLINOIS [378 was turned over to its officers. Since the patronage of the bank would be too small to justify its location in the new city for some time, it was provided that a banking business could be transacted at Kaskaskia until the legislature saw fit to "compel all business to be done in Cairo." 50 The bank charter proper was modeled after those granted to the banks at Shawneetown and Edwardsville. The bank, according to Governor Ford, never accepted its charter; hence no subscriptions were received nor any organization perfected. 51 Nineteen years later (1837) during the internal improvement excitement the old char- ter was adopted by a new company of the same name. 52 Its history will be taken up in connection with the banking operations of that period. As for the project of founding a city, the whole scheme vanished into thin air and Cairo was settled some years later much as other settlements are established. But one statement of the condition of the Illinois banks is available, namely, a composite balance sheet issued by the secretary of the treasury in 1819, when both institutions were in their prime. The statement shows that only $140,910 had ever been paid in by the share hold- ers. The remaining liabilities consisted of an outstand- ing circulation of $52,021, government deposits to the amount of $119,036.92, individual deposits amounting to $32,568.60 and undivided profits to the extent of $2,994.49. On the other hand, the loans and discounts amounted to $206,694.32, almost as much as the capital stock, circula- tion and private deposits combined. This indicates to how small an extent deposit banking was practiced. The deposit by the government of the proceeds from the sale of public land provided the banks with an unusually large supply of specie ($74,715.51), large amounts of which had to be conveyed on short notice to the Louisville and New Orleans branches of the United States Bank. The $59,332.18 due from other banks was probably largely 50 Laws of Illinois, 1817-18, 76, 81, Section 22. 51 Greene and Thompson, Governors' Letter-Bookd, ii, 6a. 5 °-Ibid. 379] THE TERRITORIAL BANKS 21 made up of the notes of these banks deposited by the re- ceivers of public moneys. The remaining assets consisted of $6,614 invested in securities and $175 in real estate. The presence of such relatively large amounts of gov- ernment funds produced a somewhat abnormal condition and prevents one from ascertaining the real character of Illinois banking at this period. 53 A review of the conditions which prevailed in Illinois during the existence of the two banks may serve the two fold purpose of accounting more fully for the brevity of their existence and the subsequent unpopularity of all moneyed institutions. The commerce of the community was still practically undeveloped on account of the self- sufficient character of the life and the lack of means of communication with the outside world. A bank, there- ^ fore, was looked upon as a mill for grinding out paper money on easy terms for speculators. The public lands were sold at two dollars an acre, eighty dollars to be paid down on each quarter section and the remainder spread over a period of four years. 54 According to Governor Ford, everyone who could borrow eighty dollars worth of the banks' paper invested it in land with the hope that he could sell it at a handsome profit to a "tenderfoot" before the obligation to the bank fell due. 55 Consequently when the depression of 1819-20 spread over the West, it left disaster in its wake. The failure of the banks in Ohio, Kentucky and Missouri left the people of Illinois with a quantity of worthless paper on their hands. Nearly every- one was hopelessly in debt and his lands liable to seizure by the federal government. 56 The Illinois banks in order to protect themselves at first merely resorted to suspen- sion of specie payment but finally were compelled to close their doors. In view of such a situation, therefore, it is surprising that they made so creditable a showing as they did. 53 U. S., H. of R., 16 Cong., i Sess., Doc. no. 86, facing p. 40. 54 Laws of the U. S., 6 Cong., 1 Sess., Ch. 55, Sec. 5. 55 Ford, History of Illinois, 43; Wildraan, Money inflation in the United States, 68. 56 Ford, History of Illinois, 44. CHAPTER III Banking a State Monopoly. J When Illinois was admitted to the Union in 1818 the following provision was incorporated in her constitu- tion: "There shall be no other banks or money institu- tions but those already provided by law, except a state bank and its branches which may be established and regu- lated by the general assembly of the state as they may think proper." 1 The principal influences underlying the insertion of this provision probably were: (1) The state of Indiana had adopted a similar course just two years before; 2 (2) Experience with the paper of irresponsible private banks had already engendered considerable feeling against a further resort to that means of supplying the people with a circulating medium. The conviction that note issue could be entrusted only to the state prevailed in spite of the disastrous results that have attended similar experiments in the past. 3 It will be noted that the constitution permitted the banks chartered by the territorial legislature to continue, but as has been seen they soon went out of existence and left the field clear for the experiment of state banking. Much of the future banking policy of the state de- pended upon the interpretation to be given to the term "state bank." When the question arose in 1834, the editor of one of the leading newspapers made an unsuccessful search for the records of the constitutional convention of 1818 in order to ascertain the ideas of the members as to what really constituted a "state bank." He was able, however, to interview several survivors of the convention, all of whom were of the opinion that the constitution was 1 Article viii, Section ax. 2 Constitution of Indiana, 1816, Article x, Section I. 3 Davidson and Stuve, History of Illinois, 305. 22 381] BANKING A STATE MONOPOLY 23 intended to delegate to the general assembly the power to establish an institution under state control but not necessarily owned by the state. They merely desired to stop the chartering of any more banks that would not be responsible to the state for their good conduct. 4 This was evidently the interpretation put upon the banking clause of the constitution by the first state legis- lature, for they chartered a state bank half of whose stock was to be sold to private individuals. Notwithstanding the fact that the bank could begin business when it had received fifteen thousand dollars in specie, 5 this amount was not subscribed and two years later the legislature repealed the charter. 6 As we have already seen, the year 1819 was a very unpropitious time for attempting to launch any enterprise which required specie payments. However, a brief review of the provisions of the act may be of value in throwing light upon the ideas of our early lawmakers as to the kind of bank that would best meet the conditions that confronted them. The parent bank was to be established at the seat of government and removed whenever it was removed. 7 Two million dollars worth of shares was open to individual subscription and a like amount was available for the state whenever the legislature felt justified in making the neces- sary appropriations. The liabilities of the institution other than capital were never to exceed two million dollars. The senate and house of representatives by joint ballot were to choose six of the twelve directors. No judge or member of the legislature could serve as director. 8 Ten per cent of the stock was to be paid for in specie or its equivalent. 9 If the bank refused to redeem its obligations in specie on demand, a penalty of twelve per cent interest was added to the amount of the obligation. 10 A Sangamo Journal, January 25, 1834. 5 Laws of Illinois, 1819, p. 151 ff., Section 5. *Ibid., 1 82 1, p. 93. 7 Ibid., 1819, p. 151, ff., Section 1. s Ibid., Section 3. 9 Ibid., Section 4. ™Ibid., Section 5. 24 THE DEVELOPMENT OF BANKING IN ILLINOIS [382 The legislature evidently soon recognized the hope- lessness of expecting the bank to accumulate the required amount of specie so it supplemented the charter during the same session at which it was passed by providing that in paying for bank stock, the state auditor's warrant should be considered as good as specie. 11 But even this inducement failed to effect the desired result. In the mean- time there set in the general collapse of banks and other business enterprises, described in connection with the dis- cussion of the territorial banks. So utterly hopeless was the condition of the people that a clamor for government aid arose. Notwithstanding the vigorous message of Governor Bond in which he pointed out the folly of establishing a bank for the sole purpose of relieving individual distress, a bill was introduced in the next legislature for the estab- lishment of a bank based wholly on the credit of the state. One would suppose that the mere suggestion of being able to borrow from the state upon easy terms sufficient cur- rency to tide over the hard times would meet the un- qualified approval of a community hopelessly in debt. But the opposition to the scheme was not solely on the part of the group of enlightened and disinterested legis- lators who contested the measure every step of the way. Mass meetings were held to protest against the adoption of the project. 12 At a meeting of the citizens of Bond County it was resolved that "the legitimate object of bank- ing institutions is to afford a safe and convenient medium for the emission of loans founded on solid capital and not a project of needy individuals for the creation of funds; that whenever the emission of paper by any banking institution does not depend upon the ability to redeem it promptly in specie the community can have no assurance that it will not be extravagant, and no reasonable hope xl Laws of Illinois, 1819, p. 299. 12 Edwardsville Spectator, February 13, 1821. The action taken by the citizens of Crawford, Randolph and Gallatin counties was embodied in resolutions and forwarded to the legislature. House Journal, 1820-21, p. 227. 383] BANKING A STATE MONOPOLY 25 that it may ever be redeemed." It was further urged that such an act would be unconstitutional in that it would impair the obligation of contracts. 13 On the other hand, the passage of the measure was urged on the ground that it is the duty of the state in time of great pecuniary em- barrassment to afford such measure of relief to prevent the "unnecessary and wanton sacrifices of the property and possessions of the citizens of the state." 14 The bill, however, passed both houses by a very close vote after its discussion had consumed a fourth of the time of the session. 15 Governor Ford cites the election of its sponsor, Richard M. Young, to the United States senate as one of the many examples in the history of the state of the forgiving nature of the people in the case of men who have been active in the passage of harmful legis- lation. 16 The constitution of 1818 required that all bills receive the approval of the council of revision which was com- posed of the governor and the judges of the supreme court. When the act in question came before the council it re- ceived a unanimous veto and was sent back to the House for further consideration. 17 The note accompanying the rejected measure gave as the reason for the unfavorable action that the State of Illinois had no right to establish a loan office scheme in the face of the prohibition in the federal constitution against the emission of bills of credit. 18 It had been decided that a bill payable on demand out of a specified fund was not a bill of credit, but the council held that bills of a state payable at some future time were clearly not included in the meaning of that decision and therefore came under the ban of the United States con- stitution. They further justified their veto with the pre- ls House Journal, 1820-21, p. 227. 14 Mass meeting of the citizens of Madison County. Edwardsville Spectator, March 20, 1821. ^Niles' Register, xx, 48. 16 Ford, History of Illinois, 46. 17 Ibid. 18 Article I, Section x. 26 THE DEVELOPMENT OF BANKING IN ILLINOIS [384 diction that a train of evils would follow the adoption of the bank measure. They urged that some other means be found to relieve the popular distress than the issue of notes which would not circulate in interstate commerce and would not provide a satisfactory medium of exchange even at home. 19 In the house of representatives the bill and objections were referred to a committee which recommended the passage of the bill over the council's veto. Their reply to the objections of the council was : (1) A bank note issued by a state bank was not a bill of credit because the state did not propose to make the notes legal tender; (2) The council signed the bill creating a state bank in 1819; (3) Congress when it admitted Illinois to the Union ap- proved her constitution even though it reserved banking privileges to the state; (4) If other states did refuse to receive Illinois paper the citizens of Illinois would have more for their own use. 20 When the motion to repass the bill came before the House, Mr. McLean, the speaker, a bitter opponent of the whole scheme, resigned the chair in order to fight the bill because the rules forbade the speaker to address the House and the friends of the bank measure refused to go into a committee of the whole. He was promptly re-elected, however, and the House went into a committee of the whole in order to give him an oppor- tunity to express his views. Notwithstanding the high regard of the members for Mr. McLean and his eloquent arguments in support of the council's position, the House repassed the bill by a vote of seventeen to ten. 21 Four of the ten who opposed the measure framed a formal protest against the action of the House and succeeded in having it spread upon the records. The significant feature of 19 House Journal, 1820-21, p. 236. Edwardsville Spectator, February 13, 1821. 20 House Journal, 1820-21, p. 261 ff. 21 Ford's account of this incident (History of Illinois, 46) does not tally in every respect with the record of the proceedings of the legisla- ture for February 6, 1821. House Journal, 1820-21, pp. 271 ff. ; Edwards- ■ville Spectator, February 13, 1821. 385] BANKING A STATE MONOPOLY 27 the document i# its declaration that all banks are detri- mental to the morals of the people and a menace to popular liberty even when they are established upon a specie basis. They laid the then-existing crisis in the United States at the door of banks and predicted that the State Bank of Illinois would becoine the tool of the political demagog &nd the artful politician. 22 On the same day the bill was forwarded to the senate where it received just enough votes to pass it over the council's veto. 23 One of the eight men who gave their votes for the measure immediately received the appoint- ment of cashier of one of the branches of the bank, 24 a direct violation of the state constitution. 25 The bill in its final form provided for the establish- ment of the State Bank of Illinois at Vandalia, the new state capital. The capital stock was not to exceed five hundred thousand dollars and was to be owned entirely by the state. 26 The bank was to do business for ten years and was permitted to hold property up to double the amount of its capital stock. 27 In order that no partiality be shown to any section, branch banks were provided for the towns of Edwardsville, Shawneetown, Palmyra, 28 and Brownsville. 29 The state was then districted in such a 22 House Journal, 1820-21, pp. 22y-2g. 23 The Illinois constitution of 1818 (Article iii, Section 19) provided that if after consideration the bill was approved in both houses by a majority of all members elected, it became a law without the consent of the council of revision. 24 Alton Spectator, January 25, 1834. 25 Article ii, Section 19. 2fi Laws of Illinois, 1821, pp. 80 ff., Section 1. 27 Ibid., Section 2. 28 This village, now deserted, was the first county seat of Edwards County when the boundaries of the county extended to Canada. For some years it was a thriving market town, but the location was so unhealthful that it was finally abandoned. McDonough, History of Edzvards, Lawrence and Wabash Counties, 238. 29 At this time Brownsville was the county seat of Jackson County and contained a population of over five hundred, ranking next to Shawneetown and Kaskaskia. However, the collapse of the state bank and several other misfortunes caused the town to be abandoned. Illinois State Historical Society, Transactions, 1905, p. 372. 28 THE DEVELOPMENT OF BANKING IN ILLINOIS [386 manner that every county was assigned to the principal bank or one of the branches. 30 The president and the six directors of the parent bank and five directors for each of the branches were to be chosen biennially by joint ballot of the two houses of the legislature. In choosing the branch directors, how- ever, proper geographical distribution must be made. 31 The selection of all other officers was left to the respective boards of directors. Although the state was the sole owner and beneficiary of the enterprise, its total appropriation for getting the institution under way was the two thous- and dollars provided for the purchase of bank note plates. 32 For the time being only three hundred thousand dollars was to be printed and issued, the issue of the remaining two hundred thousand being left to the will of the next legislature. 33 The denominations provided for were ones, twos, threes, fives, tens and twenties. It was required that every note should read : "The President and Directors of the State Bank of Illinois promise to pay to or bearer the sum of Dollars, agreeably to the provision of the charter of this institution, with interest thereon at the rate of two per cent per annum. Receiv- able at all times for debts due the State or the Bank." 34 As soon as the notes were ready they were distributed to the bank and branches according to the population of their respective districts. The banks were required to deal with all persons alike. 35 A borrower must apply only to the bank in his own district and no one person was to receive a loan of more than a thousand dollars. If the amount of the loan exceeded a hundred dollars, pay- ment must be secured by a mortgage on unincumbered Z0 Laws of Illinois, 1821, pp. 80 ff., Section 4. 31 Ibid., Section 5. »*/&&., Section 8. 33 Ibid., Section 9. S4 Ibid., All unauthorized issues of paper currency within the state were forbidden under a penalty of $10,000. 35 Ibid., Section 12. 387] BANKING A STATE MONOPOLY 29 real estate worth at least twice the amount of the mort- gage. Loans of a hundred dollars or less could be made upon personal security approved by a two-thirds vote of the directors present at the meeting at which the loan was under consideration. 36 A uniform interest rate of six per cent was established for all loans. The bank was made the sole depositary of the state's funds and in so far as these funds consisted of specie or its equivalent the bank could make them the basis of a further note issue up to twice their amount. This issue, however, must be redeemed in gold or silver on demand 37 while the state allowed itself ten years to redeem the regular issue, one tenth to be redeemed and retired an- nually. 38 The issue based upon state funds was forbidden by an act of 1823, but the state in other ways continued for ten years to misuse the funds granted to the common schools by the United States. 39 The bank was required to show great leniency to its debtors. Their loans must be considered standing accommodations renewable from year to year if necessary, upon payment of ten per cent of the principal. 40 In order to safeguard the interests of the state the branch banks were required to report semi-annually to the principal bank and these reports were incorporated in the biennial report of the bank to the legislature. Com- mittees of the legislature were to be permitted to examine the bank at any time. 41 The original act provided that the president of the parent bank should receive in lieu of a salary the right to borrow two thousand dollars more than he could other- wise have borrowed. 42 But at the same session it was provided that he should receive a cash salary of eight 3 *Laws of Illinois, 1821, pp. 80 ff., Section 12. 37 Ibid., Section 36. 38 Ibid., Sections 23, 29. 39 Sumner, History of Banking in All Nations, i, 157. A0 Laws of Illinois, 1821, pp. 86 ff., Section 14. 41 1 bid., Section 17. * 2 Ibid., Section 18. 30 THE DEVELOPMENT OF BANKING IN ILLINOIS [388 hundred dollars instead of tlie extra accommodation at the bank. 43 However, branch presidents and directors were granted additional loans of a thousand dollars and seven hundred fifty dollars respectively. 44 Cashiers were to be paid a salary of not more than eight hundred dollars. 45 As was the case with the territorial banks the legis- lature was forbidden by the federal constitution to- make the notes legal tender, but it sought to accomplish the same end by the usual indirect methods, namely, making the notes legal tender for all public dues within the state 46 and providing that the execution of judgments should be suspended for three years ^if the plaintiff were unwilling to accept the state bankj>dtes. The legislature proceeded to elect the president and directors of the bank and, in accordance with a supple- mentary act of 1823, the cashier of the parent bank. The bank began making loans in July, 1821, and everj^one who could offer the necessary security obtained his share of the three hundred thousand dollars. 47 According to Ford, a large number of the bank's officers were members of the legislature 48 and all of them professional politicians who were then, or expected to be, candidates for office so they were unwilling to risk their popularity by a too close scrutiny of the kind of security offered. Moreover, they were merely the agents of a state lending her credit to her indigent citizens and felt no keen sense of personal responsibility. 49 43 Laws of Illinois, 1821, 144. "Ibid., Section 18. 4a Ibid., Section 19. 46 Ibid., Section 9. 47 Edwardsville Spectator, July 3, 1821. In the same newspaper in its issue of August 14, 1821, is an account of the meeting of the directors of the Edwardsville Branch at which the entire share of the district, more than $80,000, was loaned upon personal security in sums of $100 or less. 48 The names of the president and directors of the bank are given in the House Journal (2 Sess., 1 G. A.) 68. None of the persons mentioned in this list was a member of the general assembly. 49 Ford, History of Illinois, 47. Article on Illinois by W. H. Brown, in Chicago American, December 25, 1840. 389] BANKING A STATE MONOPOLY 31 As far as the larger transactions were concerned, the neAv bills for a time supplied the demand for a circulating medium, but there was still no provision for small change. Minor coins were as scarce as those of larger denomina- tion; hence the practice arose of tearing the bank notes into halves, quarters, etc., in order to make change. 50 This practice received the official sanction of the bank in 1823 when its directors authorized the tearing of all notes of five dollars or less denomination and offered to receive portions of notes in payment of all obligations to it. 51 The members of the general assembly believed that the bills of the bank would be on a par with gold and went so far in this belief as to pass resolutions calling upon the treasury department at Washington to accept the Illinois bank notes as the equivalent of specie. 52 Accord- ing to Ford's oft-quoted account, when the matter came to a vote in the state senate, Lieutenant-Governor Menard, a shrewd old French pioneer, put the motion as follows: "Gentlemen of de Senate, it is moved and seconded dat de notes of dis bank be made land office money. All in favor of dat motion say 'aye.' All against it say 'no.' It is decided in de affirmative. And now gentlemen, I bet you one hundred dollars he never be made land office money." 53 It was not long until the dire prediction of those who had opposed the establishment of the bank began to be fulfilled. The notes which never were accepted on a par with gold soon began to depreciate still further and in a few weeks after the bank opened were quoted at seventy- five cents on the dollar. 54 A month later they had reached sixty-tw r o and one-half cents 55 and kept on sinking until 1823 when they remained at about thirty cents until 1825. 56 ^Illinois Intelligencer, March 15, 1823; Ford, History of Illinois, 47. ^Illinois Intelligencer, March 15, 1823. 52 Ford, History of Illinois, 45. ™Ibid. 54 W. F. Baker, in Bankers Magazine, ix, 12. s "'Advertisements in the Edwardsville Spectator, October 16, 1821. 56 Article by W. H. Brown, in Chicago American, December 25. 1840. The editor of Niles' Register (xxiv, 342) reports having received a sub- 32 THE DEVELOPMENT OF BANKING IN ILLINOIS [390 After that year there was a rise in value due to the adop- tion by the state of measures which will be considered at a later stage. Several causes contributed to this utter failure of the notes to maintain their standing in the eastern money market. In the first place, no provision was made for the redemption of the notes in specie on demand. The parent bank received some specie for a time, most of it as the depositary of state funds received from the federal gov- ernment. But aside from this limited amount not a dollar in specie was paid into the treasury. 57 When upon one occasion one of the branches received two dollars in specie from a customer they were placed upon exhibition as curiosities. 58 The loss of its building and fixtures in January, 1823, 59 by fire compelled the parent bank to keep its specie in a box fastened with a padlock. In March of the same year, robbers broke into the temporary quarters of the bank and carried off $4,200, "a large part of its specie." 60 From these bits of evidence it can readily be seen that the bank was in no position to maintain its notes at a parity with gold. In the next place, the bank's debtors failed to take the right attitude towards their obligations. The Edwardsville Spectator soon after the first loans were made in that dis- trict complained that the greater part of the borrowers instead of paying their honest debts squandered the money for "purposes worse than useless." 61 They looked upon the issue as a gift from the state which could be paid back or not as they saw fit. 62 Other borrowers of the bank's notes eased their consciences with the assurance that the notes were bills of credit and therefore the whole scheme was scription from an Illinois gentleman who complained that it cost him twelve dollars in Illinois currency to obtain the five dollars in United States money inclosed. 57 Edwards, Life and Times of Edwards, 207. 58 Baker, in Bankers Magazine, ix, 12 ; Brown, History of Illinois, 433. 59 Illinois Intelligencer, February I, 1823. 60 Ibid., March 29, 1823. 61 December 11, 1821. 62 Ford, History of Illinois, 47. 391] BANKING A STATE MONOPOLY 33 unconstitutional. 03 The question was taken into the courts and a decision was rendered by the supreme court of Illi- nois in 1826. It was decided that the borrower of a bank's paper cannot be released from his obligation by raising the contention that the bank's charter is unconstitutional. 64 The court ignored the real issue of the constitutionality of the bank's paper until 1833, two years after the expiration of its charter. It was then held that a promissory note given in consideration of such bills is void and cannot be collected by law. 65 If this latter decision had come some eight or ten years earlier it would probably have placed the state in an even more embarrassing position than the one it was forced to occupy until it had settled the bank's affairs. In the third place, the series of ultra-liberal measures granting relief to debtors complicated the financial situa- tion in the state. We have already noted the provision in the bank's charter granting a stay of execution where the plaintiff refused to accept bank notes from the debtor. At the same session, the legislature added the provision that even if the plaintiff did signify his willingness to accept state currency, the defendant could have a replevin of sixty days. The execution of all contracts calling for gold and silver was stayed from one to five months according to the amount of the debt. All judgments of justices of the peace could also be stayed for thirty days. These measures, while on their face either of no significance to the bank or else actually showing favor to its notes, still did a great deal to engender a spirit of disregard of the sacredness of one's obligations. The bank undoubtedly lost far more from the prevalence of this spirit than it gained from the favor shown its notes. The great depreciation of the bank's notes ought in itself to have afforded sufficient relief to debtors but the legislature in 1825 granted further aid to that class by making the warrants of the state audi- 63 Edwards, Life and Times of Edwards, 175. 64 Snyder vs. President and Directors of the State Bank, Breese, 161. 65 Linn vs. President and Directors of the State Bank, 1 Scammon 87. 34 THE DEVELOPMENT OF BANKING IN ILLINOIS [392 tor receivable at the bank. 66 With the appreciation of the bank's notes referred to above, began another series of re- lief laws which will be dealt with in another connection. Lastly, when we consider that the bank had twenty- six directors, each of whom was entitled to a loan of seven hundred fifty dollars in addition to his individual borrow- ings, and four branch presidents, each entitled to addi- tional loans of a thousand dollars, we can readily agree with Governor Edwards' view of the situation. In his inaugural message of 1826, Governor Edwards pointed out to the legislature that the bank's officers had borrowed "to the full limit of the law and thus became more in- terested than any other class in the community in im- pairing the credit of the institution and depreciating its notes, as the means of facilitating the discharge of the j debts they had contracted with it." They felt that there was no need of paying obligations which could eventually be shifted upon the whole community in the form of state taxes. 67 By borrowing to the full limit allowed individuals in addition to their accommodation as directors, these men were enabled to divert $53,500, or more than one sixth of the total issue of notes, to their own selfish ends. In some cases they transferred their right to borrow to their friends, thereby enabling them to exceed the lawful loan limit. 68 It is little to be wondered at, therefore, that the whole venture was doomed to failure from its very birth and that but two years after its inception, state bank notes were quoted at but thirty cents on the dollar. The effect of the depreciated notes was now so keenly felt that both friends and foes of the original project united in asking the next legislature, to which had been left the option of issuing an additional two hundred thous- and dollars, not to exercise this privilege. The bill which sought to provide such an issue was accordingly defeated 6G Laws of Illinois, 1824-25, p. 84. 67 Message of Governor Edwards, Senate Journal, 1826-27, p. 54. «*Ibid. 393] BANKING A STATE MONOPOLY 35 in the lower house by a vote of nine to twenty-four. 69 The few friends of the measure then attempted to secure the adoption of a resolution providing for the submission of the question to the people at a special election; but this project met a like fate. 70 A number of measures calcu- lated to remedy the whole situation were introduced, but no action of consequence was taken. In accordance with a joint resolution of the two houses, a committee was ap- pointed to investigate the affairs of the bank and re- ported: (1) that they had examined the papers and cash of the principal bank and found that they tallied with the annual report of December 11, 1822; (2) that little satisfaction could be had in examining the books of the branches on account of their poor bookkeeping and failure to make reports; (3) that the different branches should be required to obey the law in the matter of trans- mitting regularly to the parent bank their share of the one-tenth of the notes that was to be destroyed each year. They recommended the creation of a responsible com- mittee whose members would see to it that the retired issue was actually destroyed. They expressed the opinion that such a measure would restore public confidence in the remaining notes. 71 The legislature took little notice of the report of the committee aside from the passage of an act requiring the cashiers of the branches "to make out and transmit to the cashier of the principal bank by the first of January of each year a complete abstract of their discount books for the year past." They reduced the salary of the president of the principal bank to two him- y dred dollars and increased the salary of the cashier to a thousand dollars. 72 When the next legislature met in December, 1824, the necessity for action was so great that it could no longer be ignored. Governor Coles in his message censured the "Illinois Intelligencer, January 4, 1823. 70 Alton Spectator, February 11, 1834. 71 House Journal, 1822-23, p. 108; Illinois Intelligencer, January 11, 1823. 12 Laws of Illinois, 1822-23, p. 181. 36 THE DEVELOPMENT OF BANKING IN ILLINOIS [394 legislature of 1820-21 for its hasty action in interpreting as the pressure of the times a condition which was largely the result of excessive issues of paper. But now that the evil had been done, he recommended the strictest publicity of all the bank's accounts and the passage of such measures as would expedite the speedy dissolution of the bank upon the expiration of its charter without loss to the state. 73 Accordingly a law was enacted providing for the appointment of three commissioners to make a thorough examination of the Shawneetown branch bank, whose officers seem to have been under suspicion. 74 The act further instructed the cashier of this branch to deliver to the cashier of the main bank the whole amount of the ten per cent fund which was supposed to be retired and destroyed every year. A penalty of $1000.00 was provided if the cashier or other officers hindered the work of the commissioners. 75 A joint committee appointed to ascertain the condition of the whole institution revealed the fact that thus far the expenses of the principal bank had exceeded its discounts by $2,403.90. The Browns- ville branch had also been run at a loss, but the Edwards- ville and Palmyra branches each had a small balance. The Shawneetown branch had been conducted in so loose a manner that it was impossible to ascertain its true condi- tion. The cashier had made a loan of $3750 without security and was unable to account for $4800 additional. 76 The legislature took no immediate action against the Shawneetown officers but three months later by joint resolution it authorized Governor Coles to appoint a competent accountant to make a thorough examination of the books. 77 This appointment was made and the affairs of the bank carefully investigated, but the books were in 73 Governor's message, 1824. 7 4 Laws of Illinois, 1824-25, p. 16, Section 1. 75 Ibid., Section 2. 76 Knox, History of Banking in the United States, 716; House Journal, 1824-25, p. 203 ; Senate Journal, 1824-25, p. 217. 77 Lazvs of Illinois, 1824-25, p. 185. 395] BANKING A STATE MONOPOLY 37 such unintelligible shape as to throw little light upon the bank's real condition. 78 So involved were the members of the legislature and their friends in the affairs of the bank that no action re- sulted directly from either investigation. 79 In the mean- time, however, a reform act was passed supplementary to the act establishing the bank. It provided that the cashier of the principal bank should collect all notes as soon as possible and all those not yet signed and proceed to burn them in the public square at Vandalia in the presence of the governor and judges of the supreme court. 80 There- after when the treasurer of the state paid out a bank note it was to bear the stamp "re-issued" and no interest could be collected by the holder. 81 Cashiers of the branches were required to forward semi-annually for retirement and burning all notes repaid by borrowers except a small sum for current expenses. 82 The offices of president and di- rectors were abolished in the case of all the branches and 78 The following report of the examiner, taken from the Illinois Intelligencer of June 17, 1825, is of interest in showing upon what a costly enterprise the state had ventured : Liabilities : Original note issue $ 84,685.00 Discounts earned and loans repaid 15,547.68 $100,232.68 Assets : Unpaid loans renewed $ 40,321.07 bad debts 31,969.60 Expenses of branches 5,497.90 Notes returned to principal bank 19,947.00 Two per cent interest to note holders 903.61 $ 98,638.18 Upon being questioned by the examiner as to the failure of his state- ment to balance the cashier explained that he would be able to show auditor's warrants and bank notes to cover the deficiency. 79 Ford, History of Illinois, 65; Reynolds, My Own Times, 173. 60 Laws of Illinois, 1824-25, p. 82, Section 1. 81 Ibid., Section 2. S2 Ibid., Section 3. 38 THE DEVELOPMENT OF BANKING IN ILLINOIS [39G only the cashier was left to collect the debts and renew loans. The cashier of the principal bank was placed under a fifty thousand dollar bond and the cashiers of the branches under a thirty thousand dollar bond in order to protect the state from further loss on account of their careless bookkeeping or embezzlement of funds. S3 There- after a cashier could be removed by the governor at pleasure and satisfactory evidence had to be given before May 1, 1825, that all five of the cashiers were not de- faulters and that they had faithfully discharged the duties of their respective offices. 84 To facilitate the destruction of notes, auditor's warrants were made legal tender at the bank which exchanged them for notes held by the state treasurer. 85 Five days after the act was signed the bank's officers in the presence of the governor and the supreme court destroyed $75,000 worth of notes, one fourth of the entire issue. 86 Governor Coles was keenly alive to the necessity of improving the bank's condition and his letter book bears testimony to his vigilance in enforcing the bank laws. 87 In a letter to the cashier at the Shawneetown branch he states that the well being of the bank demands a most rigid enforcement of the letter of the law. He warns the official in question that if any further violation of the law occurs, "a very few days will be permitted to pass" before he will exercise the authority vested in the governor by dismissing the offender from office. In the examination of the Shawneetown branch referred to above, the accountant found that the cashier credited himself with a generous fee whenever he protested a note. Governor Coles demanded that reparation be made to the principal bank and that all the bank notes that had accumulated during the six months period be forwarded promptly to the principal bank for retirement. 88 83 Laws of Illinois, 1824-25, p. 82, Section 4. 8 *Ibid., Section 1. 85 Ibid., Section 7. ^Illinois Intelligencer, January 21, 1825. 87 Greene and Alvord, Governors' Letter Books, i, 76-82, 89. 88 Ibid., 89. 397] BANKING A STATE MONOPOLY 39 On June twenty-third after the branches had sent in their notes, a second "purification by fire" 89 of the notes of the bank occurred in which eleven thousand dollars worth was destroyed. Within two weeks the specie value of the outstanding notes increased about five cents on the dollar. 90 By December twentieth when the next semi-an- nual destruction of notes occurred the total amount out- standing had been reduced to less than two hundred thous- and dollars. 91 From this time the appreciation of the notes continued with the progress of their retirement. 92 At the close of Governor Coles' administration a year later, they were rated at seventy-five cents on the dollar. Governor (Doles continued his unrelenting vigilance over the bank up to the very close of his administration. Just before the opening of the next general assembly in December 1826, he sent a lengthy questionnaire to the cashiers of the bank and branches with a view to obtaining data for the use of the legislators, 93 but the result was a great disappointment. The cashier of the principal bank answered the questions in a very unsatisfactory manner. The Shawneetown cashier had recently died and his admin- istrator had refused to turn over the property of the branch to the new appointee. The other branches fur- nished sufficient information in addition to that received from the principal bank to give a general idea of the condi- tion of affairs. The four districts in question had loaned |215,000. Of this amount, $109,615 had been repaid, while the remainder might be repaid within the allotted five years or might have to be abandoned as uncollectible. The expenditures for operation had consumed $43,820, an ex- cess of $11,000 over interest earned. 94 In his farewell message, Governor Coles gave some very sound advice which the legislature would have done 89 Niles' Register, xxix, 326. 90 Illinois Intelligencer, June 24, 1825. ^Niles* Register, xxix, 326, 369. 92 Chicago American, December 25, 1840. 93 Greene and Alvord, Governors' Letter Books, i, 107. Senate Journal, 1 Sess., 1826-27, p. 22. 40 THE DEVELOPMENT OF BANKING IN ILLINOIS [398 well to heed, but which, as we shall see, was soon for- gotten. He urged them not to increase the already great embarrassment of the state's finances by the enactment of measures for the further relief of the already pampered debtor. He advocated a policy of non-interference with the bank, aside from providing for a simple effective system for the settlement of its affairs. Finally, he pointed out the fact that a speedy termination of the whole enterprise was the only protection against a total loss to the state from the deterioration of the bank's assets. 95 From the very beginning the state bank proved to be a serious burden to the state's finances. The state's annual revenue amounted to about $25,000 and was derived almost wholly from the land held by non-residents in the region still known as the military tract, lying north and west of the Illinois Kiver. The residents of the state paid their taxes to the counties every year, while the state collected from the non-residents only every other year. 96 As early as 1822 the state auditor had pointed out that some measure should be adopted for the relief of public officers who were receiving their salaries in bank paper at par and paying for goods at a discount of more than fifty per cent. He contended that the non-resident taxpayer met but half of his real obligation to the state by paying in bank notes and furthermore he escaped all the attendant currency ills which a resident was compelled to suffer. 97 Thus it can be seen that the depreciation of state paper, while it decreased the real revenue on one hand, caused an increasing clamor for a greater expenditure on the other. As this was a matter that concerned the members of the general assembly in a personal way, prompt action was taken upon the auditor's suggestion. Six weeks later, an act had been passed and approved appropriating nine dollars a day each to the speakers of the two houses in place of the usual per diem of five dollars. 98 Each senator 95 Senate Journal, i Sess., 1826-27, p. 22. 96 Ford, History of Illinois, 47. This was regarded as a great injustice to the residents of the state. 97 Laws of Illinois, 1822-23, p. 227. 9 *Ibid., 164, Section 2. 399] BANKING A STATE MONOPOLY 41 and representative was required to write on a slip of paper the sum lie was willing to accept provided it did not exceed seven dollars per day. The previous compensation had been three dollars and a half. As for other state officers, the auditor was instructed to allow them fifty per cent more than the constitution specified." Since the available fund of bank notes in the treasury was not sufficient to meet more than half of the state's current obligations the auditor was authorized to issue his warrant bearing six per cent interest for the rest. 100 The notes and warrants circulated side by side, both de- preciating until in 1825 the legislature was compelled to make further provision for public officers. Accordingly the appropriation bill of 1825 provided that a committee consisting of the treasurer, the secretary of state and the cashier of the principal bank should determine at the be- ginning of each month the rate at which the treasurer should pay out warrants and notes during the ensuing month. For the time being the auditor was instructed to rate the notes of the bank at three dollars for one in specie. 101 In other words, the state was borrowing money at the rate of two hundred per cent interest. The result / was that the ordinary expenses of about $30,000 were in- creased threefold without any increase in income. 102 The gap that was made by the destruction of bank notes was soon more than filled by warrants. In a way it would have been better to have retained the notes, for they cir- culated more freely and their expense to the state was less. Furthermore, the issue of $107,000 in warrants in a single year served to keep down the value of the notes. The warrants as well as the bank notes were eagerly seized upon by non-residents and speculators for the purpose of paying their state taxes. 103 Notwithstanding this handi- ™Lazvs of Illinois, 1822-23, 166, Section 6. 100 Ibid., Section 7. 101 Laws of Illinois, 1824-25, p. 182. 102 Ford, History of Illinois, 48 ; Edwards, Life and Times of Edwards, 203. 103 Ibid., 213-15. 42 THE DEVELOPMENT OF BANKING IN ILLINOIS [400 cap, however, the attendant increase in the value of the bank's paper following the retirement of the $100,000 indicated that the destruction of the notes had engendered a feeling of confidence in the state's integrity. The legis- lature demonstrated its optimism by the passage of an act which provided that the rate at which state paper should be paid out after February 17, 1827, was to be determined by the same committee that had been performing this service, but that they should hold only quarterly meetings. They were instructed to continue this duty until March, 1830. At each meeting they were to decrease the treasury discount on the notes by at least two and one-half per cent. At this rate, by March, 1830, the notes would be paid out of the treasury on a par with gold. 104 The Illinois courts had been given to an arbitrary scaling down of the debts of individuals against whom the bank had obtained judgment. This practice was ordered discontinued. Thereafter, in cases where judg- ment was rendered, the defendant could elect to pay specie or bank notes. If he chose the former his debt was reduced to the actual specie value of state bank notes; otherwise he must pay the whole amount of the face of the judgment. The same option was granted to persons who purchased property sold by the bank to satisfy a judg- ment. 105 The resignation of Senator Edwards to accept the position of minister to Mexico had left a vacancy for the next legislature to fill, but before it assembled Edwards had resigned his post and engaged in the controversy de- scribed in connection with the Bank of Edwardsville. Upon the convening of the general assembly he announced his candidacy for his former seat in the United States senate. But his hostility to banks had aroused the opposi- tion of a number of influential men in addition to his old political enemies and he was defeated. Shortly after- wards he announced his candidacy for governor on an anti-bank platform. With a comparatively unknown 104 Lazvs of Illinois, 1826-27, p. 82. 105 Revised Code, 1829, p. 164. 401] BANKING A STATE MONOPOLY 43 opponent and a long record of public service Edwards had the advantage from the start. He traversed the state from end to end, attacking the bank and everyone connected with it. He accused its officers of mismanaging its affairs and of employing methods of business that were a menace to the public welfare. The record of the legislature in the field of bank legislation was subjected to a storm of criti- cism and baleful consequences of the whole undertaking were pictured to his audiences of backwoodsmen. Edwards was elected by a plurality of five hundred votes, but the legislature continued to be dominated by his enemies. 106 In his inaugural address 107 to the legislature Governor Edwards gave a lengthy review of the history of the state bank and the effect of its paper upon the community. But he considered the note issue itself of minor importance as a cause of the deplorable conditions that prevailed. It was his belief that the constant interference by the legis- lature between debtor and creditor, as well as the lavish increases in salary voted in the face of an empty treasury were responsible for most of the difficulty. He admitted, however, that the existing state of affairs was not entirely due to unwise legislation, and recognized the natural scarcity of sound currency in pioneer communities and the heavy purchase of public land as contributory causes. On the whole, the address gives an adequate and fairly accurate picture of the conditions that confronted the new administration. But Edwards was not content to stop at this point. He proceeded to berate the officers of the bank for "gross fraud and imposition, aggravated by the clearest moral perjury." He considered past in- vestigations as generous applications of white wash and urged the legislature to exercise its right of impeachment and trial of the delinquent officers. The more or less general charges contained in the governor's message were followed by specific indictments contained in several special messages. The purport of i° 6 Ford, History of Illinois, 64; Edwards, Life and Times of Edwards, 209-12. 107 Senate Journal, 1826-27, pp. 46 ff. 44 THE DEVELOPMENT OF BANKING IN ILLINOIS [402 these messages was that the late president, directors and cashier of the branch bank at Edwardsville had been guilty of a violation of the state bank act of 1821. William Kinney, a prominent political opponent of Edwards, was accused of mismanaging the affairs of this branch while on the board of directors. The principal charge against him was that he was involved in the loan of $2000 made upon a piece of real estate which upon execution was J valued at $737 and disposed of for $500. It will be remem- bered that the law of 1821 provided that no loan on real estate should be made unless the property was worth double the amount of the loan. The loan, according to Edwards, was made for the purpose of buying a printing press with which to conduct the fight for the adoption of a pro-slavery amendment to the state constitution. 108 Other charges were brought by Edwards against Judge Smith, the cashier of the branch. Smith was ac- cused by the governor of having violated every provision of the bank's charter dealing with the lending of the notes, and of showing the grossest partiality and carelessness in handling the payment of loans. Judge Smith was a politician of considerable ability and succeeded in uniting the opponents of Edwards so effectively that the committee appointed to investigate the charges were favorable to the accused officials from the start. The evidence shows that the branch had been run in a very reckless manner, , to say the least. Its officers had so many political alliances that they were forced to show partiality in their handling of the bank's business. After the committee had made a lengthy examination of witnesses and papers and reported favorably to the accused, the House resolved that no evidence had been presented against the accused officials which would "justify the belief that they acted corruptly and with bad faith in the management of said bank." 109 During the same session the governor attacked the cashier of the principal bank in a message which contained nine specific instances of violation of the state law. In 108 House Journal, 1826-27, pp. 409-11, 418, 459-61, 504 ff. 109 Ibid., p. 595- 403] BANKING A STATE MONOPOLY 45 this message, lie made the further charge against Judge Smith that he still had in his possession unlawfully a large part of the bank's cash. These charges were like- wise referred to a committee which took action similar to that in the Edwardsville case. 110 In the meantime, a joint committee appointed to examine the state bank, count its money and find out if the "retirement clause'' was be- ing fulfilled reported that the affairs of the bank were being "properly and correctly managed." 111 Edwards afterwards retracted some of the statements he had made about prominent bank officials, but continued his hostility to banks during the rest of his term. 1 12 His letter book during this period is largely filled with demands for information as to illegal acts done accompa- nied by threats of removal from oflice. These letters were regarded as the attacks of a personal enemy rather than the official acts of a chief executive. 1 13 Edwards was especially anxious to obtain any information that could be used against his enemies in the legislature and in one letter requests the auditor to prepare for him a list of the members of the general assembly who have failed to meet their debts to the bank together with the respective amounts. 1 14 Notwithstanding the hostility of the legislature to the Edwards policies and the relationship that existed between its members and the bank, some progress was made toward protecting the state's interests in the settlement of the bank's affairs. The salaries of the cashiers of the principal bank and branches were reduced to five hundred and four -hundred state paper dollars respectively. Thereafter the questionable practice on the part of bank officers of ap- propriating large sums for current expenses was forbidden. For all such expenditures a specific appropriation from the legislature was now required. 115 The president of the 110 House Journal, 1826-27, 415, 416. 111 Senate Journal, 1826-7, 242-3. 112 Knox, History of Banking, 718. 113 Greene and Alvord, Governors' Letter Books, i, 116-24, 133. ^Ibid., 120. ll7 >Laws of Illinois, 1826-27, p. 377, Sections I, 2. 46 THE DEVELOPMENT OF BANKING IN ILLINOIS [404 state bank was no longer to receive compensation for bis services. 116 Tbe casbier was ordered to place all out- standing promissory notes of less tban one hundred dollars in tbe hands of a justice of tbe peace. 117 The small amount of individual deposits was to be returned to the depositors and thereafter none but state and school funds were to be received. In order to protect the state's interest the cashier of the principal bank was empowered to bid in property sold by the bank for judgment if the other bids were too low. 118 On the other hand the appreciation of the state paper to sixty or seventy cents led to a demand for further relief to bank debtors. In spite of the fact that unreasonable leniency had already been shown to this class and that any further indulgence would delay the linal settlement of the bank's business and thus place a greater burden upon the already embarrassed state treasury, a law for the relief of debtors was passed. It provided that any debtor to the J bank who was in default of payment, even if judgment had already been rendered, should be forgiven for his past delinquency and allowed to renew his note or mort- gage. However, he must agree to pay the back instalments and interest and any court costs that may have been in- curred. 119 All courts were forbidden to issue executions against bank debtors for three months after the passage of the act. 120 In case the proceedings against a bank debtor had gone so far that the sheriff was about to seize the property of the debtor upon an execution, the debtor could by arranging with the bank for the renewal of the obligation, compel the sheriff to return the writ, marked : "Satisfied by the renewal of the debt to the bank by the defendant." 121 It was natural that such a trifling policy on the part of the state should lead to an attitude of con- ll6 Laws of Illinois, 1826-27, p. 377, Section 3. 117 Ibid., Section 4. 118 Ibid., Section 5. il9 Ibid., Section 1. 12Q Lazvs of Illinois, 1826-27, p. 376, Section 2. * 21 Ibid., Section 3. 405] BANKING A STATE MONOPOLY 47 tempt on the part of the debtor. Accordingly, in spite of a most earnest protest on the part of Governor Edwards, 122 additional inducements were demanded and granted on the ground that former measures had not been effective. ,This time provision was made for the remission of all interest if a debtor would sign, by September 1, 1829, three new notes by which he agreed to pay his obligation to the bank in three annual instalments, on the first of May, 1830, 1831, and 1832, respectively. If instead of signing the notes he chose to settle in full by September 1, 1829, he was to receive a discount of ten per cent and was absolved from all interest. If he paid by July 1, 1830, his interest was deducted but no further rebate was given. 123 The act also provided that as a step toward the final settlement of the bank's business the office of cashier of the principal bank be abolished and the state treasurer made ex officio cashier. The work of collection was turned over to the attorney general and the various states at- torneys who received two and a half per cent on all col- lections made. 124 When the first of September arrived and it was seen that the bank debtors were not taking advantage of the in- dulgence granted them, Governor Edwards issued a procla- mation announcing his intention to show no further mercy in his prosecution of the state's claims. 125 The same year (1829) Governor Edwards became in- volved in another controversy with the treasury depart- ment at Washington. The state was entitled to draw as a school fund from the federal treasury three per cent of the proceeds from the sale of public land in Illinois. The secretary of the treasury became convinced that this money was not being put to its intended use and ordered the an- nual payment for 1829 to be withheld. Governor Edwards was a strong believer in state's rights and resented any interference on the part of a federal officer. Consequently 122 Governor's message, 1828. 12 *Laws of Illinois, 1828-29, pp.* 167-69. 12 *Ibid. 125 Greene and Alvord, Governors' Letter Books, i, 148, 149. 48 THE DEVELOPMENT OF BANKING IN ILLINOIS [406 be demanded the immediate payment of the money; hut it was withheld until the secretary's protest was heeded. The whole difficulty arose over the validity of the practice of the school fund commissioners in investing the funds in state bank notes. These notes were then exchanged at the auditor's office for certificates of indebtedness and the state thereby came into possession of more currency with which to meet its heavy obligations. Edwards justified this diversion of the school money from its proper chan- nels with the assertion that as soon as the state could ar- range its disordered finances it would deal liberally with its common schools. 126 The year 1830 witnessed another struggle for the governorship, with the bank as the leading issue. Lieuten- ant-Governor Kinney, who it will be remembered had been under suspicion during the investigation of the Edwards- ville branch, was a candidate against John Reynolds, formerly a judge of the supreme court of Illinois. It was but natural that the whole Edwardsville scandal should be unearthed and freely aired during the campaign. Kin- ney took the position that he should be rewarded for the years of labor and sacrifice spent in trying "to bolster up the state bank." He stated that over twenty thousand dollars in specie was due him at the time the bank opened. He accepted bank notes at par as a matter of patriotic duty to the state and subsequently paid most of them out at thirty to. thirty-five cents on the dollar. He cited the favorable showing of the Edwardsville branch as well as his exoneration by the legislature as the best evidence of his ability and honesty in an office of trust. 127 The opponents of the bank had an able candidate in Judge Eeynolds. In his speeches during the campaign he insisted that he had always opposed the bank, that he voted against its establishment, and that the people would have to bear a heavy burden of taxation on account of the sins of bank officials, like his opponent. The friends of 126 Edwards, Life and Times of Edwards, 548, 549; Illinois Intelli- gencer, February 5, 183 1. 127 Illinois Intelligencer, April io, 1830. 407] BANKING A STATE MONOPOLY 49 the bank, on the other hand, pointed out that Judge Rey- nolds was a borrower from the bank and as a member of the legislature could always be counted upon to support the various relief measures with which his party appealed to the bank debtors for support at the polls. In spite of these accusations, however, Judge Reynolds was elected. Upon the legislature which met in December, 1830, there devolved the difficult task of providing for the liquidation of the state bank, whose charter was to expire during the next year. The legislature of 1821 had pledged all of the state's resources present and future to the re- demption of the bank's notes, with the expectation that the profits of the business would be more than ample to provide for a final settlement of all liabilities. But the nearer the day of reckoning approached, the less able was the state to meet its obligations. The bank's resources had been allowed to dwindle away ; while the condition of the state's finances was daily becoming more precarious. In his report of January 1, 1831, the state treasurer stated that the amount still due the bank was $98,639.52. Of the three hundred thousand dollars issued in 1821, $147,- 742 had been redeemed (mostly by a balancing of debits against credits) and destroyed. There remained, there- fore, $152,258 which the state must be prepared to redeem before July 1. To meet this obligation there was to the bank's credit $14,899.96 in cash, while the state had to its credit about $20,000 more. The buildings of the bank and branches were estimated to be worth $5,800.42. The accrual of the state's ordinary revenue and the collection of some of the bank's debts would help swell the total available resources. 128 At the same time, however, a large amount of auditor's warrants was outstanding and the ordinary expenses of the state government had to be met. In his inaugural message 129 Governor Reynolds advo- cated the winding up of the bank's business as rapidly as consideration for the welfare of the state and the debtors would permit. He urged the legislature to uphold the 12S Senate Journal, 1830-31, pp. 181-83. 129 House Journal, 1830-31, p. 63. 50 THE DEVELOPMENT OF BANKING IN ILLINOIS [408 credit and character of the state by providing for the prompt payment of its obligations. It required courage and a high sense of public duty to disregard the wide- spread sentiment in favor of repudiation. 1 30 Nevertheless a bill was passed by both houses authorizing the governor to borrow a hundred thousand dollars at six per cent for the purpose of aiding in the redemption of bank paper and auditor's warrants, and replacing the money wrong- fully taken from the school funds. The loan was to be payable after 1850 in specie or notes of the United States Bank. 131 Governor Reynolds promptly entered into a I contract with Samuel Wiggins of Cincinnati for the loan of the entire amount but the state treasurer was not per- mitted to draw upon Mr. Wiggins for more than thirty thousand dollars before October 1. Governor Reynolds very wisely based his calls for the various payments upon accurate data as to the immediate needs of the treasury and in this way reduced the interest payments to the smallest possible amount. 132 The following account taken from Governor Ford's History of Illinois gives a vivid picture of the effect of the loan upon the people : "The money was obtained, and the notes of the bank redeemed, the honor of the state was saved but the legislature was damned for all time to come. The mem- bers who voted for the law were struck with consternation and fear at the first sign of public indignation. Instead of boldly defending their act and denouncing the unprinci- pled demagogues who were inflaming the minds of the people these members when they returned to their con- stituents went meanly sneaking about like guilty things making the most humble excuses and apologies. A bolder course of enlightening the public mind might have pre- served the standing of the legislature and wrought a whole- some revolution in public opinion then much needed. But as it was the destruction of great men was noticeable for a number of years. The Wiggins loan was long a bye word 130 Ford, History of Illinois, 106. 131 Laws of Illinois, 130-31. 132 Greene and Alvord, Governors' Letter Books, i, 162. 409] BANKING A STATE MONOPOLY 51 in the mouths of the people. Many affected to believe that Wiggins had purchased the whole state, that the inhabitants for generations to come had been made over to him like cattle; and but few found favor in their sight who had anything to do with the loan." 133 Several other laws relating to the bank were passed at the same session. One of them created a commission for the purpose of counting and destroying bank notes. It was to meet every three months to burn all the notes re- deemed during that time, until all the original issue had been destroyed. The membership of the commission con- sisted of the governor, the secretary of state and the state treasurer. 134 An act for the further relief of bank debtors provided that all who had not availed themselves of the relief act of 1829 should be permitted to substitute for their regular interest bearing obligation a non-interest, bearing note payable on or before May 1, 1832. If this note was paid before December 1, 1831, a six per cent rebate was to be deducted from the principal. In order to dispense with the regular machinery of the bank as soon as possible, it was provided that after July, 1832, the work of collecting notes and mortgages due the branches should be assigned to the attorney general and the states attorneys. All bank property was to be turned over to the state treasurer as had been done in the case of the principal bank. Each branch cashier was allowed two hundred and fifty dollars for his services in closing up his work, his office to expire on the first Monday in December 1832. After that date all bank property was to be sold by the attorney general and the states attorneys. 135 Even with the instalments of the Wiggins loan be- coming available at frequent intervals there was danger of a shortage of specie for the redemption of notes. Ac- cordingly it was provided that whenever a note was pre- sented at the treasury and the money for its redemption 133 Ford, History of Illinois, 107. 134 Laws of Illinois, 1830-31, p. 190. 133 Ibid., p. 182. 52 THE DEVELOPMENT OF BANKING IN ILLINOIS [410 was not available, a state bond bearing six per cent in- terest should be issued, redeemable at tlie state's pleasure, provided the holder received two months' notice. These bonds were receivable for all dues to the state. The treas- urer was instructed to devote all specie not needed for cur- rent expenses to the redemption of bank notes. 136 In the meantime the president and directors of the principal bank as well as the various state officers were experiencing considerable difficulty in inducing James M. Duncan, the late cashier of the bank, to surrender the property of the bank to the state treasurer. The act of January, 1829, required that he make the transfer by March 1 of that year, but he left Vandalia on account of ill health and failed to comply with the law. On November 29 of that year the board of directors, having learned of his delinquency, demanded that he surrender the bank's prop- erty at once. He promised to do so immediately but did not keep his word. In April, 1830, the circuit attorney at the request of the board entered suit against Duncan and his bondsmen for one hundred thousand dollars dam- ages. 137 In an interview with the editor of the Illinois Intelligencer, Duncan stated that he considered the law abolishing his office as defective in not providing for a thorough checking up of the transfer and therefore was not willing to assume the responsibility. 138 The members of the legislature determined upon getting possession of the money and accounts of the bank without waiting for the slow process of court procedure, sent a joint com- mittee to Duncan's house and instructed them to bring the property in question back with them. Duncan was not at home and his wife declined to give it up on the grounds that suits were in progress against her husband and he needed the vouchers in the preparation of his case. 139 Two weeks later Duncan notified a committee of the senate that he would leave the books of the bank 136 Laws of Illinois, 1830-31, 181. 137 Senate Journal, 1830-31, pp. 172 ff. 138 Illinois Intelligencer, July 17, 1830. 139 Senate Journal, 1830-31, p. 189. 411] BANKING A STATE MONOPOLY 53 where they could get them but would not deliver them in person. 140 Later at a meeting held by the committee Duncan was present and a compromise was reached by which the legislature was to pass a law providing for three referees to examine the books and agree upon a set- tlement. Accordingly the act of February 1 was passed providing for this method of settling the controversy. It was specified that the final settlement must be ratified by the general assembly and that Duncan was to be allowed no salary for services since March 1, 1829. However, Duncan was compelled to agree in writing that he would abide by the decision of the referees and transfer all the bank's property to the state treasurer. 141 Before a settle- ment was reached the legislature by a joint resolution de- manded that Duncan turn over the money of the bank at once, but he refused on the ground that referees had been provided to settle his accounts and that he would await their decision. 142 When the legislature met in December, 1832, the treasurer reported that the books of the princi- pal bank were still in the hands of the three auditors. The cashiers of the branches had been allowed from July 4 to the first Monday in December to post their books and hand them over to the treasurer, but only two had done so. 143 Such incidents as these, while unimportant in themselves, are valuable for the light they throw upon the petty and trifling methods that characterized the management of the state bank. With the help of the Wiggins loan the work of re- deeming the outstanding notes was carried on so ex- peditiously that by January 5, 1832, f 289,000 of the issue of three hundred thousand had been redeemed and destroyed. 144 Three years later the treasurer reported that $6554.50 worth of the notes had not yet been presented. Considering the comparatively large per cent of notes 140 Senate Journal, 1830-31, p. 273. 141 Laws of Illinois, 1830-31, pp. 178-179. 142 Senate Journal, 1830-31, p. 359. 143 Ibid., 1832-33, pp. 72, 73. 14 *Ibid., 1832-33, p. 240. 54 THE DEVELOPMENT OF BANKING IN ILLINOIS [412 that were liable to be destroyed or mislaid, this is not a surprising proportion of the whole issue. 145 The legislature, either for political reasons or on ac- count of the bank's debt, passed another relief law for debtors to the bank. It was provided that in case any debtor settled his account with the bank before January 1, 1834, all of the interest and ten per cent of the principal should be deducted provided the total rebate did not exceed twenty-five per cent. The law further provided that if in the judgment of the court the settlement of a decedent's obligations with the bank would distress a widow and orphans the court could declare the debt cancelled. 146 As a climax to the long series of acts granting relief to debtors the supreme court, the following December (1833), in the case of Linn vs. State Bank to which reference has already been made, decided that the act authorizing the bank was unconstitutional. The effect of this release of debtors from all obligation to the bank was to increase the already great burden of the state by the amount that ultimately would have been col- lected from these persons. 147 Notwithstanding the effect of the above decision, the legislature (1834-35) passed the benefit act of February 14, 1835 in the evident hope of half coercing, half coaxing the debtors to settle and ease their consciences. The act provided that all persons still indebted to the bank should be allowed to pay their debts in three annual instalments, and that all past interest and twenty-five per cent of the original principal should be remitted at the time of granting the new accommodation. However, if a person took advantage of this offer, all right to the use of a plea of unconstitutionality was to be for- feited. 148 In the preparation of his annual report 149 for 1834 the treasurer of the state made a thorough examination of the books and papers of the bank and branches with a ^ 5 Ibid., 1834-35, P. 295. 14Q Laws of Illinois, 1832-33, p. 584. 147 Alton Spectator, December 21, 1833. li8 Laws of Illinois, 1834-35, P- 67. 149 The report of the treasurer upon which the contents of this para- graph are based is found in Senate Journal, 1834-35, P' 295. 413] BANKING A STATE MONOPOLY 55 view to furnishing the legislature with a complete resume of their affairs; but in every case careless bookkeeping prevented his obtaining reliable data. The branch of Shawneetown had been operated during the entire six year term of its first cashier without any account being kept against debtors, or any other reliable record of its operations made. The second cashier had tried to supply this deficiency but found the task a hopeless one. The cashier at Brownsville had but recently been appointed to the position and was unable to be of assistance to the treasurer. The officers of the principal bank upon re- linquishing their duties in December, 1832, had rendered an account to the state but the treasurer found it to be in- complete and unreliable. However an analysis of its various items is of some value in so far as it reveals the character of the whole undertaking and its great cost to the state. The statement rendered by the bank is as follows : Debit To capital $299,910.38 To balance 18,550.39 To amount of discounts received 59,059.21 $377,520.48 Credit Amount of notes received from principal bank $183,424.99 Expenses of bank and branches 57,302.26 Notes, etc., due the bank 79,510.34 Allowed for two per cent interest 5,403.23 Discounts under act of 1829 1,380.04 Allowed for prompt payment 2,140.00 Due by late cashier 27,439.21 Real estate unsold and suspended interest 5,129.26 Loss on sale of real estate 4,689.50 Appropriations paid at Shawneetown 832.50 Profit and loss, Brownsville 3,764.96 Banking house (cost) 6,305.62 Cash received previous to December 3, 1832 138.57 $377,520.48 The first item charged to the .bank, "capital," repre- sents the total issue of notes. These had been turned over 56 THE DEVELOPMENT OF BANKING IN ILLINOIS [414 by the state to the bank and branches and they had loaned them out at six per cent interest which amounted to |59,059.21, the third item in the liability column. The re- maining item, "balance," seems to have been merely a book- keeping device to make the two columns balance. On the asset side of the statement the bank is credited with having returned to the state $183,424.99 of the total note issue but the books of the state treasurer showed that only $ 162,326.63 had been repaid by the bank. At the time the enterprise was projected it was expected that its earnings would exceed the total cost to the state and so far as the current expense account of the bank is concerned, the statement shows it to have been almost $2,000 less than the total earnings; but Mr. Dement, the state treasurer, pointed out that a large part of the discounts earned was uncollectible and that the $5,403.23 allowed in interest to note holders, $1,380.04 and $2,140.00 granted as rebates for prompt payment of loans, should be added to the cur* rent expense account. The bank had already lost $3,764.96 from bad debts and bad management at Brownsville and $4,689.50 on real estate bid in at judgment sales under its own mortgages and later sold at a sacrifice. The bank- ing house at Vandalia is listed at its original cost but Mr. Dement estimated that this item as well as "real estate un- sold'' and "notes, etc., due" would suffer a great shrinkage. In January, 1835, in fact, the book assets of the bank were listed at $109,127 but on account of the death or insolvency of a number of debtors as well as the decision that the bank act was unconstitutional the treasurer estimated that their real value was between seven and eight thousand dollars. An examination of the treasurer's reports for a number of years after this date shows that the estimate was not far wrong. 150 At the time the above statement was made ( December, 1832 ) , $27,439.21 in money and other valuables was still in the hands of the late cashier, Mr. Duncan, 150 Received from bank's assets November 30, 1834, to November 30, 1835, $2,502.18; from November 30, 1835, to November 30, 1836, $1,053.94; from July 1, 1837, to November 30, 1838, $169.00; from November 30, 1838, to November 30, 1839, $385-54- 415] BANKING A STATE MONOPOLY 57 pending an examination of his accounts, but as has been noted in another connection this amount was soon paid into the state treasury. From data obtained from numbers of the Illinois Advocate, Vandalia, and from the report of the treasurer, the writer has compiled a table showing the general condi- tion of each of the four branches at the expiration of the bank's charter: 151 There is no accurate record of the total loss entailed by the state from the operations of the bank. Such a record would include the loss of revenue from depreciated currency, increased appropriations necessary in order to meet the state's obligations with paper money, the loss from loans which were never repaid and the interest on indebtedness incurred because of the lack of dependable funds in the treasury. The last named item would in- clude the interest paid on auditor's warrants, fund bonds, and on the Wiggins loan. Ford estimates that the state lost more than f 150,000 by accepting bank notes at the treasury and that its expenditures were increased }150,000 more by meeting its obligations with this paper. He also estimates the amount of loans never repaid at f 100,000. 15 2 The Alton Spectator in 1834 estimated that because of the bank the state debt up to that time had been increased by |460,000. 153 As 151 Illinois Advocate, October 14, 28, November 11, 1831, January 20, 1832; Treasurer's Report in Senate Journal, 1834-35, P- 295. The starred items are taken from the treasurer's report. Edwards- Browns- Pal- Shawnee- ville ville myra town Bank notes originally received..$83,5i6.oo $48,834.00 $47,265.00 $84,685.00 Expenses 11,501.31 9,315-88 7,588.41 21,576.31 Probable loss 10,000.00 unknown 2,924.51 unknown Amount of loans repaid 78,064.38 unknown 36,467.18 unknown Amount still due 21,982.07 unknown 4,410.17 44,140.85 Bank notes retired 66,253.00 26,989.94 42,563.36 44,460.57 Debts in collector's hands 20,764.19 *7,686.57 not given *35,992.98 Paid by debtor under relief act 966.82 628.00 335.25 *667.3i 152 Ford, History of Illinois, 48. 163 January 25, 1834. 58 THE DEVELOPMENT OF BANKING IN ILLINOIS [416 Knox points out, estimates^ of jthe loss to the state treas- ury do not afford an accurate view of the total damage inflicted by the state bank. The losses to individuals, the injury inflicted upon the economic activities of a pioneer community and the impairment of the state's credit can- not even be estimated. 154 According to a writer of the period, the industry and thrift that characterized the three years following the dissolution of the bank brought more genuine relief to debtors "than could ten such banks." 155 154 Knox, History of Banking in the United States, 716. 155 W. H. Brown, in Chicago American, December 25, 1840. CHAPTER IV BANKING AND INTERNAL IMPROVEMENTS. With the winding up of the affairs of the old state bank in 1831 came a brief period of relief so far as the existence of local banks of issue was concerned. The legislature not only defeated all banking projects that were presented to it at its sessions in 1830-31 and 1832-33, but acts of incorpora- tion of all sorts contained clauses prohibiting the exer- cise of banking powers. In the senate, however, there was a strong sentiment in favor of establishing a bank on a specie basis ; in fact, in 1833 a project of this character was lost by a single vote. 1 Failing in this effort the friends of the proposed measure sought to prevail upon Governor Reynolds to call the legislature in special session, but he re- fused to act on the ground that conditions were not yet ripe for such an institution. 2 In the gubernatorial campaign of 1834 General Dun- can, the successful candidate, although a partisan of the United States bank refused to make that institution a local issue and thus avoided the alienation of the Jackson men. 3 Governor Reynolds resigned a short time before the in- auguration of Governor Duncan, the office being filled for the time being by Acting Lieutenant-Governor Ewing, a friend of state banking. In his message to the legislature which assembled in December, 1834, Mr. Ewing urged the immediate establishment of a state bank "upon a solid gold and silver reality." 4 The next day Governor Duncan delivered his inaugural address in which he asked the leg- islature to deal with the banking question with the great- est caution. He granted that "banks may be made useful in society" but he insisted that a system of banking which would successfully meet the peculiar conditions prevailing in Illinois had not yet been worked out. 5 1 Sangamo Journal, March g, 1833. 2 Alton American, November 22, 1833. 3 Short, History of Morgan County, 691. ^Senate Journal, 1834-35, P- 12. 5 Ibid., 13. 59 60 THE DEVELOPMENT OF BANKING IN ILLINOIS [418 Meanwhile the state had begun to recover from the follies of the fiat paper days in spite of the fact that occa- sional foreign bank notes found their way into the channels of local trade. The treasury was now able to meet its obli- gations with cash and the general prosperity of the com- munity was equally encouraging. 6 As this situation con- tinued, the need of more currency and adequate banking facilities became recognized. After the burning of the notes of the old state bank and the failure of so many of the "paper money mills'' of the Middle West and South, there was little available currency for the handling of the increasing volume of trade. Aside from a few notes of the Bank of the United States and still fewer United States silver coins, Spanish, French and Mexican pieces consti- tuted the only generally acceptable medium of exchange. 7 In addition to the scarcity of money, a number of other circumstances seemed to point the legislature to establishment of a second state bank. In the first place, it was predicted that the closing of the United States Bank would cause widespread distress unless the states took immediate steps to fill the gap left by it. 8 The other states were anticipating an era of great prosperity by authorizing the establishment of banks of issue, and it was argued that their notes would flood Illinois unless a local bank were established as a measure of self-protection. 9 Lastly 6 Ford, History of Illinois, 170. 7 Lorenzo Bull, in Illinois Bankers' Association Reports, 1901, p. 20. 8 Sangamo Journal, November 24, 1832, September 29, 1833, and Sep- tember 22, 1832. 9 Illinois Advocate, Vandalia, March 16, 1833. Sangamo Journal, Feb- ruary 9, 1833. The following table taken from Dewey, Financial History of the United States, 255, shows the rapid expansion of banking at this period : Number of Capital Circulation Loans Year banks (millions) (millions) (millions) 1829 329 1 10.2 48.2 137.0 1834 506 200.0 94.8 324.1 i835 704 231.2 103.7 365.2 1836 713 251.9 140.3 457-5 1837 788 290.8 149.2 525.1 419] BANKING AND INTERNAL IMPROVEMENTS 61 this same wave of speculative prosperity which had gradu- ally been moving westward was beginning to be felt in Illinois. 10 Continued peace among the nations, together with the rapid expansion of the United States, had stimu- lated the sale of public lands to an enormous degree. This in turn led to the formulation of elaborate systems of in- ternal improvement in order that a substantial increase in land values might result. 11 By 1835 the Illinois specu- lator had just reached the point where he was demanding the "accommodation" which could not be had without access to a bank plentifully supplied with notes. 12 The Democrats in the Illinois legislature which met in 1834-35 were supposedly hostile to all banks, while the Whigs were committed to a federal as opposed to a state bank. By a combination, however, of the Whig forces with those Democrats who interpreted President Jack- son's hostility to the Bank of the United States as an in- dorsement of the state institutions, a bill for the creation of a new state bank was passed by both houses. Ford con- tends that the necessary majority of one vote in the lower house was obtained by trading a states attorneyship for it and that similar inducements were held out to sena- tors. 13 In the council of revision Governor Duncan oppos- ed the measure, but the rest of the members gave it their sanction and it became a law on February 12, 1835. 14 The main provisions of the charter of the new state bank were as follows : Of the authorized capital of one and one-half million dollars, all but one hundred thousand dollars was to be sold to individuals. The remaining shares were to be issued to the State of Illinois whenever the legislature saw fit to provide the money. 15 A further stock issue to individuals of a million dollars might be made when conditions warranted it. 16 The charter was 10 Ford, History of Illinois, 170. 11 Dewey, Financial History of United States, 224, 225. 12 Ford, History of Illinois, 170. ™Ibid. 14 Sangamo Journal, May 13, 1842. 15 Laws of Illinois, 1834-35, p. 7, Section 1. 16 Ibid., Section 2. 62 THE DEVELOPMENT OF BANKING IN ILLINOIS [420 to expire January 1, I860. 17 Until then the bank had full power to discount bills and notes, receive desposits, buy and sell bullion and bills of exchange and issue bank notes. 18 The ownership of real estate, aside from the land upon which the bank buildings might be built, was pro- hibited. 19 In view of the freedom with which the bank's funds were used in speculation, it is important to note that the directors were specifically forbidden to deal direct- ly or indirectly in the purchase or sale of any goods or wares whatever. 20 The movement of population northward led the legislature to locate the principal bank at Spring- field instead of Vandalia, which continued, however, to be the capital until 1839. In order to appease the people of Vandalia, the bank was required to maintain a branch in that place. 21 If subscriptions for more than the authorized one million four hundred thousand dollars worth of stock were received, it was provided that the excess should be deducted: first, from the amounts subscribed by non- residents; second, from subscriptions by corporations; third, from subscriptions for more than one thousand dol- lars worth of stock ; fourth, from other subscriptions. Each subscriber was required to make a first payment of ten dollars in specie, or its equivalent, for each share of stock purchased. 22 The nine directors were each required to own at least ten shares of stock and must be citizens of Illinois. In voting, the method already described in con- nection with the territorial Bank of Illinois, of giving to the small stockholder more than a proportional voice, was adopted. 23 The selection of officers for the bank was left to its board of directors. In order to augment its avail- able capital the bank was empowered to receive on deposit or to borrow any sum not exceeding one million dollars 17 Laws of Illinois, 1834-35, p. 7, Section 3. 18 Ibid., Section 4. 19 Ibid., Section 5. 20 Ibid., Section 6. 21 Ibid., Section 8. 22 Ibid. } Section 10. 23 Ibid., Section II. 421] BANKING AND INTERNAL IMPROVEMENTS 63 and to re-loan it at not more than ten per cent upon Illinois real estate. The restriction was made, however, that no loan should exceed half the value of the pledged property and that no borrower should be granted a loan from this fund for a longer period than five years. 24 When the bank had accumulated two hundred fifty thousand dollars in specie, the directors were to notify the governor who in turn should send persons to count the money and to receive the oaths of the bank's officers to the effect that the money was the bona fide property of the bank. As soon as the governor was satisfied that the bank had com- plied with the terms of its charter he was to proclaim through at least four Illinois newspapers that the bank was ready for business. 25 The payment of the remaining instalments on the bank's shares was left to the discre- tion of the directors who were empowered to declare shares forfeited if the owner failed to respond to a call. 28 The lawful rate of interest for loans of sixty days and less was fixed at six per cent. Other loans were to bear a rate of eight per cent. The legislature made an effort to safeguard the in- terest of the holders of the bank's notes by providing: (1) The outstanding issue of notes should never exceed two and one-half times the amount of paid up capital; (2) The amount of loans and discounts should never exceed three times the paid up capital ; ( 3 ) Each director was personally liable for the violation of these provisions unless he had caused a written protest to be incorporated in the minutes; 27 (4) If any note holder, within ten days after making the demand, failed to receive specie to the full face value of a state bank note, the bank was required to go into liquidation ; ( 5 ) Furthermore, a penalty of ten per cent per annum must be paid to all such note holders until their notes were redeemed; 28 (6) Finally, no note of 24 Laws of Illinois, 1834-35, P- 7, Section 18. 25 Ibid., Section 19. 26 Ibid., Section 20. 27 Ibid., Section 24. 28 Ibid., Section 26. 64 THE DEVELOPMENT OF BANKING IN ILLINOIS [422 a less denomination than five dollars might be issued. 29 The legislature is further to be commended for providing that there should hot be a repetition of the disgraceful relief laws which had characterized the history of the old state bank. 30 The constitution of 1818, as has already been noted, specified that there should be no other banks in the state save a state bank and the two territorial banks which were then in existence. The charters of the old territorial Bank of Illinois at Shawneetown and the City and Bank of Cairo corporation had never been declared void although the former concern had gone out of business in 1823 and the latter had never accepted its charter. Conse- quently it was assumed that their charters were forfeited by non-use. 31 Nevertheless in their eagerness to share in the coming tide of prosperity and internal development, as Lyman J. Gage puts it, 32 the Bank of Cairo "was galvanized into a sickly life" at Kaskaskia, and the Bank of Illinois corporation was reorganized and began business late in 1834. The twenty year charter of the Bank of Illinois 33 would have expired on January 1, 1837, had not the legis- lature by an act approved February 12, 1835, 34 extended its lease of life until 1857. The old charter was amended in several important respects. In the first place, the owners of the territorial bank who held stock in the new institution were exempted from the forfeiture of their stock and all previous payments upon it, if they were unable to meet the calls of the directors for instalments. On the contrary, they were entitled to the payment of all past instalments, less interest and dividends. Secondly, the governor was required to subscribe for the one hun- dred thousand dollars worth of stock reserved for the 29 Laws of Illinois, 1834-35, P- 7> Section 34. 30 Ibid., Section 31. 31 Greene and Thompson, Governors' Letter Books, ii, 60, 61. 32 World's Congress of Bankers and Financiers, 428. 33 This bank should not be confused with the new state bank of Illinois. 34 Laws of Illinois, 1834-35, p. 21. 423] BANKING AND INTERNAL IMPROVEMENTS 65 state in the old charter. 35 This he was to sell at auction at the highest premium, the profit to go to the state. There were many more or less disinterested persons who were opposed to allowing the Bank of Illinois to resume business in the face of a constitutional prohibi- tion of all non-state banks. 36 The question was at length taken into the courts where, first, the validity of the original charter was attacked on the ground that Con- gress bad never given to the Territory of Illinois the power to establish banks; secondly, the act of 1825 was held to charter a private institution in contravention of the Illinois constitution. The question was finally dis- posed of by the supreme court of the state in People vs. Marshall, 37 when it was decided that the legislature of the territory had acted within its rights in chartering banks and that the charter then granted had never passed out of existence. The books for subscriptions to the stock of the state bank were opened on April 10, 1835 38 and in less than three weeks the one million four hundred thousand dol- lars worth of stock was several times over-subscribed, 39 the total applications for stock amounting to $8,007,500. 4 ° In accordance with Section 10 of the charter, the sub- scribers were divided into four classes, (1) non-residents, (2) corporations, (3) those resident citizens who sub- scribed for more than a thousand dollars worth of stock, (4) other persons. Beginning with class four and pro- ceeding in reverse order to the other classes the shares were to be given out as long as they lasted. John Till- son of Hillsboro, Thomas Mather of Kaskaskia, Godfrey, Oilman and company of Alton, Judge Smith 41 of the 35 Laws of Illinois, 1816-17, p. II. 3G Greene and Thompson, Governors' Letter Books, ii, 59, 60. 37 1 Gilm., 672. S8 Sangamo Journal, April 11, 1835. S9 Ibid., May 2, 1835. 40 Ibid., May 23, 1835. Chicago Democrat, May 20, 1835. 41 One of the persons attacked by Governor Edwards for the mis- management of the Edwardsville branch of the old state bank. 66 THE DEVELOPMENT OF BANKING IN ILLINOIS [424 state supreme bench, and Samuel Wiggins of Cincinnati 42, had contracted in the East for large amounts to be in- vested in state bank stock. The charter of the bank sought to avoid this very thing by giving the preference to the small resident subscribers. Hence, in order to be included in this favored class, these men, according to Ford, empowered thousands of persons within the state to act as their agents in subscribing for the stock and thus secured a controlling interest. When the com- missioners in charge of the subscription lists undertook the work of apportionment of shares, a struggle for the control of the bank was precipitated between Judge Smith on the one side and the other persons just named on the other. The first clash came when a commissioner moved that shares bought by residents on their own account be separated from those bought by them as agents for others. Judge Smith favored the motion and expressed his will- ingness to take oath to the effect that he owned and had paid for with his own money every share of stock sub- scribed for by him. Through the preponderating influence of the other heavy investors, the motion was lost and the bank was thereafter controlled by the Tillson, Mather, Godfrey-Gilman interests. Mather was made president of the bank and a directorate was chosen which even Ford admits was as capable as could be found in the state. 43 The bank during its entire existence continued to be dominated by non-resident shareholders. 44 Having satisfied the governor that it had in its vaults the requisite two hundred and fifty thousand dol- 42 The capitalist who loaned $100,000 to the state in 183 1. 43 This account of the struggle for the control of the state bank is taken from Ford, History of Illinois, 174, and from the article on the state bank in the Illinois Annual Register and Business Directory (Chicago, 1847). 44 0f the 14,000 shares of $100 each, five persons owned 7539, as fol- lows : Samuel Wiggins, 1642 ; M. J. Williams, 577 ; Griggs and Company, 1202 ; W. S. Gilman, 2567. Four of the five lived in Cincinnati, Mr. Gilman being the only resident of Illinois. Eleven others controlled 3948 shares, making a total of 11,487 shares in the hands of but sixteen persons. Sangamo lournal, March 5, 1836. 425] BANKING AND INTERNAL IMPROVEMENTS 67 lars in specie, the principal bank was opened for business in July, 1835. 45 Before the end of the year branches had been established at Galena, Jacksonville, Alton, and Chicago in addition to the branch located at Vandalia by the legislature. 40 Galena and Alton were probably chosen because of the great interest that centered in their development and because, as will be seen, the leading in- vestors in bank stock were heavily involved in the projects that were being carried on at these points. The legis- lature having by the act of January 16, 1836, authorized three additional branches 47 establishments were eventu- ally opened at Danville, Quincy, Belleville, and Mt. Car- mel. 48 Mr. N. H. Ridgely, who had secured his training as chief clerk of the branch of the United States Bank at St. Louis, 49 was elected cashier of the principal bank at a salary of three thousand dollars. He was allowed one teller at a thousand dollars and two clerks at eight hundred dollars each. In addition, President Mather was voted twenty-five hundred dollars per annum for his services. By the time the nine branches were put into operation the list of officers had been increased to thirty-five and the annual salary list to $30,600. 5 ° Even with the widely distributed system of branches, it was impossible for a person offering real estate as se- curity to deal with the bank directly, hence the plan was adopted of designating persons in different localities as inspectors for the bank. These persons investigated, at the borrower's expense, the character of the property offered as security and made an examination of the title. 51 In accordance with the charter, the amount 45 Illinois Advocate, July 8, 1835. * Q Ibid., February 17, 1836; Bross, History of Chicago, 41. 47 Laws of Illinois, 1835-36, pp. 237, 238. ^Reports of Session, 1839-40, p. 285. 49 U. S., H. of R., Comm. Reports, 1836-37, Doc. no. 193, p. 607. ^Reports of Session, 1839-40, pp. 285, 286. 51 Sangamo Journal, August 15, 1835. A fee of from three to ten dollars was paid. Special Report of Invest. Comm., Illinois General As- sembly, 1836-37, p. 36. 68 THE DEVELOPMENT OF BANKING IN ILLINOIS [426 loaned upon real estate could not exceed fifty per cent of the valuation put upon it by the bank's representa- tives. No loans upon town property were allowed 52 and loans upon personal security were confined to the dis- counting of business paper, for the reason that the bank was not a government depositary, hence was constantly subject to a loss of its specie on account of the heavy land sales. 53 The depositary at St. Louis 54 accepted the notes of the state bank as far as private business was con- cerned, but when it was preparing to forward government deposits it was accustomed to send local bank notes home for redemption, a practice which compelled the Illinois bank to curtail its loans. All discounts were passed upon at the daily meeting of the exchange committee of the board of directors and were then submitted to the full board at its biweekly meeting. The exchange committee consisted of the president, the cashier and two directors chosen monthly and derived its name from the fact that its original function was to pass upon the purchase of bills of exchange. This branch of the bank's business received special attention and encouragement for the reason that bills of exchange were considered "safer" and "more man- ageable" than the ordinary accommodation paper even if the profits were not so large. Moreover, bills of ex- change on eastern cities were readily convertible into specie if an emergency demanded it, while local accom- modations could be called in only with the greatest diffi- culty. For this reason it was contended that eastern bills purchased by the bank could be used as the basis of a still larger volume of domestic loans. 55 The directors were de- 52 Special Report, Invest. Comm., Illinois General Assembly, 1836-37, p. 36. 53 Sangamo lournal, March 5, 1836. r > 4 Ibid., May 21, 1836. After the disastrous failure of the Bank of Missouri, that state was left without any banking institution save the branch of the United States Bank which was soon to go out of existence. The legislature refused to charter any more banks, so the large federal deposits were given to the St. Louis "agency" of the Commercial Bank of Cincinnati. U. S., H. of R., Comm. Reports, 1836-37. No. 193, p. 598. ^Special Report, Invest. Comm., Illinois General Assembly, 1836-37, p. 40. 427] BANKING AND INTERNAL IMPROVEMENTS 69 termined to prevent a depreciation of the bank's notes and yet desired to accomplish this aim with a minimum payment of specie for their redemption. This policy of trying to avoid both "Scylla and Charybdis" at times com- pelled the adoption of some extraordinary measures. For instance, while the negotiations were in progress with the St. Louis depositary which led to its agreeing to accept state bank paper under the conditions noted above, a large amount of the Illinois notes accumulated at St. Louis. Since the depositary had not yet decided to accept them at par, merchants sold them to brokers at a discount of two or three per cent rather than go to the trouble of sending them back for redemption. This caused great anxiety on the part of the state bank officials, and funds to the amount of nineteen thousand five hundred dollars were promptly forwarded to an agent of the state bank at St. Louis with the instruction that he should buy all the Illinois paper offered, at one per cent discount. He had bought very little of the paper when the depositary agreed to accept Illinois paper and the notes went to par. The directors of the bank were then accused of making a profit by speculating in their own paper, but testified before a committee of the legislature that the small profit made was more than offset by the expenses incurred. 56 On another occasion, President Mather purchased sixteen hun- dred dollars worth of the bank's paper from a New York broker at a discount of one and three-fourths per cent, his excuse being that it was liable to fall into the hands of westward bound immigrants who would present it for redemption. 57 . The bank had, however, a most effective means of pro- tecting its small supply of specie. Instead of having a common form of bank note, redeemable at the parent bank or any of its branches separate issues were provided for each branch. Consequently, notes bearing the name of one branch were sent to another and distant branch ^Special Report, Invest. Comm., Illinois General Assembly, 1836-37,, p. 40. "Ibid. 70 THE DEVELOPMENT OF BANKING IN ILLINOIS [428 to be loaned, but were redeemable only at the place named on the face of the note. In this way, the whole of the note issue was kept in circulation without many demands being made upon the specie reserve. 5 s On December 7, 1835, the governor convened the legis- lature in special session to consider, among other things, the advisability of increasing the capital stock of the state bank. It will be recalled that one hundred thousand dollars of the original issue was reserved for the state but that the amount owned by private individuals could be increased by one million dollars. The charter did not specify whether the state or the bank could control this additional issue of stock, hence Governor Duncan urged the legislature to exercise the privilege of issuing and selling these shares before the bank had a chance to act. At the time the governor's call was issued, state bank shares were quoted at 113 and the prospect of an addition of one hundred and thirty thousand dollars in premiums to the state's revenues appealed to the governor as a wise stroke of policy. By the time the legislature assembled, however, the stock had fallen in price, but Governor Dun- can predicted that it would soon rise to 120 or even 130. He therefore urged the immediate passage of an act desig- nating the state as an agent to sell one million dollars worth of state bank stock at not less than one hundred ten dollars per share, the premium to go to the state treasury. 59 The bank's friends in the legislature were too numer- ous and influential to submit to such a plan, and secured in its stead the passage of the act of January 16, 1836, to which reference has already been made. In addition to the section providing for three additional branches, the act specifically reserved to the directors of the bank the right to sell additional issues of stock. Furthermore, it was definitely stated that the profits accruing from the &8 Chicago American, March 12, 1836; Ford, History of Illinois, 179; Special Report, Invest. Comm., Illinois General Assembly, 1836-37, p. 36. 59 Governor's message, Senate Journal, 1835-36, p. 9. 429] BANKING AND INTERNAL IMPROVEMENTS 71 sale of shares should belong to the bank. 00 Section 25 of the charter had provided that the bank should be granted ten days in which to redeem its notes. The time y was now extended to sixty days. 01 As a compensation to the state for the privileges above granted, the bank was required to relieve the state of the payment of the principal and interest of the loan of one hundred thousand dollars , secured from Samuel Wiggins in 1831.° 2 The bank ac- cepted this condition June 9, 1836, and paid the interest on the loan until 1841, when it was relieved of further responsibility in the matter by surrendering one hundred thousand dollars in state bonds. 03 Meanwhile the directors issued for sale at public auction the additional one million dollars worth of stock and made an arrangement with Mr. Wiggins whereby a syndicate organized by him was to purchase at 110 all the shares left unsold. When the auction was over it was found that only 1335 of the shares / ahad been sold, so Mr. Wiggins and his partners were com- pelled to take the remaining 8665. 04 The legislature at the special session to which refer- ence has just been made provided that the bills of the state bank and branches should be receivable for state and county taxes and in payment of the principal and in- terest of the debts due the college, school and seminary funds. A proviso was made, however, that the state bank was not to construe the act as preventing the state from conferring a like favor upon the bills of the other Illinois banks. In spite of the auspicious beginning made by the state bank, the legislature had learned that it was best to be forearmed when dealing with paper money. Accord- ingly the proviso was inserted in the bill that if the gov- ernor, auditor and treasurer should decide that the state was likely to suffer any loss by accepting state bank notes, they should at once cause a notice to be inserted in every 60 Laws of Illinois, 1835-36, p. 237, Section 1. 61 Ibid., Section 3. 92 Ibid., 238, Section 4. Q3 Re ports of Session (H. R.), 185 1, p. 485. ^Reports of Session {Senate), 1840-41, p. 336. 72 THE DEVELOPMENT OF BANKING IN ILLINOIS [430 newspaper of the state to the effect that these notes were no longer receivable in payment of public dues. 65 It will be recalled that one of the influences which aided in securing the passage of the bank bill was the prospect of securing a share of the federal deposits. The very day 66 on which the charter of the bank was approved, Mr. Mather took the matter up with the Washington gov- ernment through Senator Kane. 67 A few weeks later Theophilus W. Smith, who had not yet crossed swords with his opponents for the control of the bank, urged Secretary of the Treasury Woodbury to take favorable action at once in order to facilitate the sale of the stock. 68 To these letters as well as similar communications from other Illinois bank promoters, Secretary Woodbury made the same reply, that he did not feel justified in making a depositary of a bank which as yet existed only on paper. 69 As soon as the bank was ready for business, a formal ap- plication was made but Mr. Woodbury pleaded as an excuse for delay a lack of definite information as to the ownership and financial standing of the bank. A list of the stock holders was promptly forwarded to him, together with statements as to the bank's standing at various in- tervals. Mr. Woodbury next sought to discourage the directors by indicating to them the little need there was for a disbursing agency in a thinly populated community. He warned them that the large revenues collected in the state from the sale of public lands would have to be trans- ferred at once to other parts of the country, leaving but a very small permanent balance with the state deposi- tary. 70 President Mather, however, promptly expressed 65 Laws of Illinois, 1835-36, p. 244. 66 February 12, 1835. 67 Page 599 of the proceedings of the special committee appointed by the national house of representatives to investigate the relations which existed between R. M. Whitney, special examiner of depositary banks, and R. M. Whitney and Company, Washington, representatives of a number of depositaries. 68 U. S., H. of R., Special Comm. Report, 597. ™Ibid. ™Ibid., 604. 431] BANKING AND INTERNAL IMPROVEMENTS 73 the willingness of the directors to be content with what- ever funds the government saw fit to allot to them. 71 In the meantime Judge Smith, defeated in his attempt to con- trol the bank, carried the fight to Washington. With his letter to Mr. Woodbury, attacking the men in control of the bank, he inclosed a copy of the proceedings of the com- mission which allotted the shares of stock. Having but a few months before besought Mr. Woodbury to make the bank a depositary, Mr. Smith now felt it his special duty to apprize the treasury department of the great danger of entrusting the present regime of unscrupulous politicians with government funds. 72 It is well to note here that the bank was under the control of Whigs and that Mr. Smith and other political opponents used this fact against it with the Jackson ad- ministration. In like manner, William Kinney in a letter to Mr. Woodbury characterized the state bank as an "insti- tution chartered by the influence of a designing man for the sole purpose of speculation both in pecuniary and political matters." He predicted that if this Whig institution were entrusted with federal deposits it would be so ungrateful as to turn against the Van Buren cause and "throw sand in the eyes of the present administration and its true advocates.' 773 A similar communication was received by Mr. Woodbury from Samuel McRoberts, a re- ceiver of public money. He warned the administration "that the president and nearly all of the directors of the principal bank, all the cashiers of the branches, and an immense majority of the branch directors have been most decided opposition men to General Jackson, to his meas- ures, to his friends and supporters." He hoped that so long as the bank continued in the hands of the "federal party" it might not receive the patronage of the govern- ment. 74 One cannot get the least inkling from Mr. Wood- bury's replies to these men or from any of his utterances 71 U. S., H. of R., Special Comm. Report, 604. "Ibid., 605 ff. "Ibid. 74 U. S., H. of R., Special Comm. Report, 612. 74 THE DEVELOPMENT OF BANKING IN ILLINOIS [432 in connection with the whole affair that he was swayed by political considerations but without giving a formal decision against the state bank, he early developed an un- favorable attitude toward its case. 75 As the heavy drain upon the bank's specie continued with the increased land entries, the directors decided to adopt more summary measures in order to secure the government deposits. Accordingly they sent one of their number, Mr. John Tillson, to Washington to wait upon the treasury officials. When he reached New York, en route, Mr. Tillson sought to pave the way by writing to Keuben M. Whitney, special examiner of depositaries, asking him to use his influence with his chief, Mr. Wood- bury. He promised that if all went well, Mr. Whitney's firm would be employed as the Washington representatives of the Illinois state bank at whatever salary it was cus- tomary for a western bank to pay for such a service. 76 In reply, Mr. Whitney stated very frankly that the depart- ment was unfavorably disposed toward the bank and an- nounced his intention of doing all in his power to prevent the selection of such an institution as a federal depositary even if such action involved the loss of a substantial fee. Unlike his superior officer, Mr. Whitney did not hesitate to bring political considerations into the matter by de- claring that an institution which had openly worked for the election of its friends to represent the Springfield dis- trict in the legislature was unfit to handle government funds. Notwithstanding this rebuff, Mr. Tillson proceeded to Washington and presented his case to the treasury officials. 77 In a letter of December 8, 1835, addressed to Presi- dent Mather, Mr. Woodbury furnished the officers of the bank a definite list of charges that had been made against it. 78 The first of these was that the stock had been allotted illegally. The second, that the bank was merely posing 7 ~>U. S., H. of R., Special Comm. Report, 612, 613. 7Q Ibid., 102. 77 Ibid., 102. ™Ibid. } 613. 433] BANKING AND INTERNAL IMPROVEMENTS 75 as a state bank in order to exist in contravention of the state constitution. The third, that the notes issued at one branch were put into circulation at some other dis- tant branch which refused to redeem them. 79 To these charges, Mr. Woodbury added the personal objection that the branches at Galena and Chicago, the only places where the bank could be of much service to the government, had not been placed in operation. He inclosed a blank bond and application sheet, however, and asked that they be returned, filled out, together with the bank's answers to the charges. Mr. Mather's reply 80 to the charges is a crude attempt at evasion and subterfuge. He stated that "the distribution of the stock was in conformity with the provisions of the charter — the whole of it being assigned to citizens of the state in the manner defined by the char- ter." He admitted that the state did not own a dollar's worth of stock in the bank but considered that it still had "an interest" in the bank so long as the bank was re- quired to pay an annual tax into the state treasury. He failed to see how any person could consider a charter un- constitutional which had received the unanimous approval of the supreme judges sitting as members of the council of revision. The reply of Mr. Mather to the charge that the branches were refusing to redeem one another's notes is somewhat vague. He admitted that separate sets of notes were ordered for each branch and that these had just been received from the printer, but he did not promise that the notes of one branch would be redeemed by an- other. He explained further that until they had received their separate issues the branches had been issuing the notes of the parent bank. As to whether the branches ever refused to redeem this temporary issue, Mr. Mather replied vaguely: "Of course, the bank could not have refused to redeem its notes, as stated. I will add, that all the present paper issued at Alton has been promptly re- 79 The Alton branch is mentioned in particular. Mr. Woodbury ob- tained this information from T. W. Smith's letter of November first. Ibid., 614. ™Ibid., 615. 76 THE DEVELOPMENT OF BANKING IN ILLINOIS [434 deemed there whenever presented." In closing, Mr. Mather assured Mr. Woodbury that the Galena and Chicago branches were now in a position to take care of govern- ment deposits. A few weeks later, Mr. Woodbury sub- mitted the question of the constitutionality of the bank to Attorney General Butler and was given the opinion that it was not a state institution and therefore its whole existence was in defiance of the Illinois constitution. 81 The directors of the bank, realizing the futility of further effort, formally requested Mr. W T oodbury to "sus- pend" the application of the bank until he received further notice. 82 The statement of Mr. Whitney in his letter to Mr. Tillson that the bank was meddling in Illinois politics aroused the anger of the Illinois Whigs. As a result the state senate in January, 1836, appointed a committee of five to take evidence, first, as to whether the control of the public money had not been put to an improper use by the Jackson administration in trying to force local banks to support Van Buren ; second, as to whether Mr. Whitney, who was "now stationed near the treasury," was not hold- ing an improper correspondence with the state bank offi- cials. 83 The committee examined the correspondence of the bank and summoned Colonel Mather, Judge Smith, Samuel Wiggins and others to testify, but aside from mak- ing "political capital" nothing came of the investiga- tion. 84 In August, 1836, the Shawneetown bank was made a special depositary for the public money collected at the Shawneetown land office 85 and for a time had the use of considerable sums of money, but as the govern- ment land sales diminished this amount on deposit decreased until after 1836 a nominal deposit of only forty 81 Sangamo Journal, May 13, 1842. In connection with the question of constitutionality, it is interesting to note that Judge Smith, who drew up the charter and fought for its passage, was in hearty accord with the attorney general's opinion. Ford, History of IHinois, 179. 82 U. S., H. of R., Special Comm. Report, 619. 83 Senate Journal, 1835-36, p. 259. ^Missouri Republican, January 19, 1836. 6 *Sangamo Journal, August 27, 1836. 435]- BANKING AND INTERNAL IMPROVEMENTS 77 dollars was kept in the bank, probably as a sort of "retain- ing fee." 86 By midsummer, 1836, the country-wide wave of specu- lation in land and town lots had reached Illinois. Under its influence Chicago grew like magic from a mere settle- ment to a city of several thousand inhabitants and became the center of the real estate business of the adjoining states and territories. It was in Chicago that town site speculators exhibited their plats and auctioned off their lots. Her fame spread rapidly through the East and started a stream of immigration by way of the Erie Canal and the Great Lakes. The mania for speculation spread throughout Illinois with the result that the inter- ests of legitmate business were everywhere sacrificed to the desire for suddenly acquired riches. 87 The demand for loans at the state bank far exceeded its accomoda- tions on account of a lack of specie. Since the issuance of the specie circular, the heavy drain on the bank's cash reserves by land purchasers now came directly from the purchasers themselves, whereas before they paid with notes of the bank which were later returned by the de- positary bank for redemption. 88 As a consequence of this condition, the bank suspended its discount business until it received a shipment of $280,000 in gold and silver from New York and New Orleans. 89 The people of Illinois, as well as the citizens of the older states, were beginning to be carried away with the idea that improved means of communication must be provided regardless of the cost. In Illinois this idea was 86 Various reports of the bank show the following amounts on deposit by the United States treasurer : January, 1837 $81,414.69 January, 1838 28,14247 November, 1838 40.00 November, 1839 40.00 November, 1840 40.00 and so on until the bank went into liquidation. 87 Reports of Session (Senate), 1839-40, p. 5; Ford, History of Illinois, 181. 88 Sangamo Journal, August 13, 1836. 89 Illinois Register (Vandalia), November 4, 1836. 78 THE DEVELOPMENT OF BANKING IN ILLINOIS [436 given expression through the press and in mass meetings in the principal towns. When the general assembly con- vened in December, 1836, an internal improvement con- vention also assembled at the capital for the purpose of influencing the members of the legislature to provide for an elaborate system of railroads and waterways. 90 The legislature responded most liberally. Instead of merely providing for the completion of the canal between the Illinois River and the Great Lakes, a task which alone would have been a strain upon a pioneer com- munity, they authorized the immediate construction by the state of seven railway lines and the dredging of all the important rivers. As an anti-climax to the whole per- formance, the sum of two hundred thousand dollars was voted as a gift to those counties which had not been given a line of railroad. 91 In order to carry out this pro- gram the legislature authorized a loan of eight millions, an amount eight times as great as the total expenses of the state government from its inception to the year 1836. The next problem, however, was not so easily solved: How was the enormous annual interest bill to be met? The people were already as heavily burdened with taxes as their meager resources would permit and no legislator would have the courage to face his angry constituents after proposing or voting for such a measure. At length it occurred to the framers of the bill that the banks could be made a part of the internal improvement system. As one of the leading journals of the state put it: "In connection with our internal improvement system it is impossible not to associate the banks of this state — the interests of both are alike and rest alike upon enlightened public opinion. One is the hand-maid of the other, and since the internal improvement system is based upon credit it cannot be carried on without the aid of banks." 92 90 C. M. Thompson, Governors' Letter Books, ii, Introduction, li ; see also Douglas, Autobiography, in Illinois State Historical Society Journal, October, 1912. 91 Laws of Illinois, 1836-37, pp. 121, 131-133, 134-136. 92 Sangamo Journal, January 27, 1837. 437] BANKING AND INTERNAL IMPROVEMENTS 79 During the eighteen months of its existence the state bank had declared dividends aggregating seven dollars and seventy-five cents a share, 93 an amount equal to nine per cent on the paid up capital, and the Bank of Illinois had done quite as well. 94 It seemed plausible to the mem- bers of the legislature, therefore, that if the state be- came the owner of a large amount of profitable bank stock, the financial obligations of the internal improve- ment system could be met with ease. Accordingly there was inserted in the internal improvement act the following provision: "All profits arising from bank and other stocks hereafter to be subscribed for and owned by this state, after liquidating the interest on loans con- tracted for the purchase of such bank or other stock," should be devoted to the payment of the interest on the eight millions to be borrowed for internal improvements. 95 Governor Duncan in his message to the legislature 96 had recommended that the state subscribe only for the one hundred thousand dollars' worth of stock reserved for it in the charter of the state bank, but the legislature was not disposed to stop at this modest sum. By the acts of March 2 and 4, 1837, not only was the one hundred thousand dol- lars' worth of stock subscribed for, but the capital of $2,500,000 was increased to $4,500,000, 97 and the state took the whole additional issue of $2,000,000. 98 At the same time the capital stock of the Bank of Illinois was increased from $300,000 to $1,700,000, of which one million dollars' worth was to be subscribed for by the state. 99 In order to provide the necessary funds for the pur- chase of this stock, the board of fund commissioners, a 93 Report of state bank investigating committee, 1836-37, p. 36. ^Senate Journal, 1836-37, pp. 352 ff. 95 Lazvs of Illinois, 1836-37, p. 137. "Senate Journal, 1836-37, p. 22. 97 0nly a small part of the million dollar additional issue of shares of capital stock to individuals was ever paid in, so the total capital liability was never much in excess of $3,500,000. Reports of Session (Senate), 1839-40, p. 301. "Laws of Illinois, 1836-37, p. 18. "Ibid., Section 6. 80 THE DEVELOPMENT OF BANKING IN ILLINOIS [438 body created to direct the financing of the internal im- provements, was authorized to float a loan of not more than three million dollars. There were to be issued to the lend- ers shares of "Illinois Bank and Internal Improvement Stock/' bearing interest at not more than six per cent, and redeemable by the state at any time after I860. 100 In no case, however, could these bonds be sold for less than par. The fund commissioners were to dispose of enough bonds to enable them with the aid of available cash in the treas- ury to make a payment to the two banks equal to those already made by private stockholders on their shares. To the nine directors of the state bank were added five state directors elected biennially by a vote of the two houses of the general assembly. 101 This arrangement was hardly a fair one, however, for it gave to the state, the owner of a majority of the shares, a minority of the directorate. In like manner, state directors were added to the board of the Shawneetown bank and its activities were enlarged by providing for branches at Jacksonville, Lawrenceville and Alton, and authorizing the establishment of two others. 102 The bank law as well as the internal improvement act pro- vided that the net profits arising from the stock must be applied to the interest upon internal improvement bonds. The banks were made the depositaries of the funds accumu- lating from the sale of bonds and were required to pay to the state a rate of interest agreed upon by both parties. Moreover, the act designated the banks as the fiscal agents of the state as long as quarterly statements of their condi- tion indicated that they were solvent. 103 The original charter of the state bank permitted the i directors to borrow any sum not exceeding a million dollars for the purpose of making loans on real estate. The legis- 100 Laws of Illinois, 1836-37, p. 18, Section 3. 101 Ibid., Section 8. 102 The bank of Illinois later established one of these at Pekin. Laws of Illinois, 1849, p. 39. 103 Ibid., 1836-37, p. 18, Sections 10, 12. 439] BANKING AND INTERNAL IMPROVEMENTS 81 lature now extended this privilege to the Bank of Illinois, but set a maximum limit of $250,000. 104 The legislature still contained a considerable element hostile to banks and they succeeded in carrying a resolution providing for the investigation of the state bank's affairs by a joint committee of five. 103 The object stated in the resolution was to ascertain whether the bank had violated any of the provisions of its charter and was on that account not a fit place to keep the state's funds. In spite of the able opposition of Abraham Lincoln, 106 who contended that such an investigation was an unwarranted intrusion into the affairs of what was still a private institution, the resolu- tion was adopted. The report of the committee declared that the bank's management was free from all questionable practices and declared that it was not only a safe place to keep funds, but that its shares would prove a good invest- ment for the state. A similar investigation of the Bank of Illinois throws light upon the general policy of conducting that institution since its revival in 1835. 107 The Bank of Illinois had not yet become a state institution and hence could have pre- vented any intrusion into its private affairs, but President Marshall was anxious to make a good impression and placed all the bank's records at the disposal of the committee, not to mention a bountiful supply of whisky and "plenty of sugar to sweeten it." 108 The bank was found to be owned and managed by practically the same men who had it in charge during its brief existence some years before. All the directors were men of good standing in southeastern Illinois, most of them having lived in the neighborhood of 104 Laws of Illinois, 1836-37, p. 17. 105 Senate Journal, 1836-37, p. 244. 106 Sangamo Journal, January 28, 1837. Mr. Lincoln was a member of the lower house, having been elected as a Whig from the Springfield district. He was a staunch friend of the state bank. 107 Senate Journal, 1836-37, p. 352. For complete report of the inves- tigation see, also, U. S., Letter of Secy, of Treas. on State Banks, 1838, pp. 778-783. 108 Ford, History of Illinois, 197. 82 THE DEVELOPMENT OF BANKING IN ILLINOIS [440 Shawneetown for over twenty years. 109 They had been impartial in making loans and discounts, restricting the latter to business men. 110 As for loans, the entire business of the bank was confined to property loans in southeastern Illinois. The principal item of income arose from the pur- chase and sale of bills of exchange. The southern Illinois farmer usually shipped his grain and live stock down the river to New Orleans and drew a bill of exchange on the commission man in that city. These bills were sold to the bank and being payable at short dates were used to replen- ish its stock of specie. The committee found a reserve of specie on hand to the amount of $47,278, and a few days later a shipment of $23,300 arrived, making a total of $70,578 as against an outstanding circulation of $105,563 and deposits to the amount of $110,000. The committee found that the practice, forbidden by the legislature at this session, 111 had been indulged in of issuing bank notes payable at some point outside the state. Of the $105,563 in bank notes then outstanding, $83,178 had been issued at home, $14,900 at Philadelphia, $2,825 at Louisville, and $4 ; 660 at New Orleans. The bank had just redeemed $8,500 of the Philadelphia issue, which left but I $13,885 to come under the ban of the new law. The direc- tors gave as their reason for this foreign issue the desire to create at these places ample funds with which to meet the needs of Illinois merchants without seriously disturbing the bank's credits created by the shipment of grain and pro- visions. On the whole, the two committees seem to have had grounds for their laudatory comments on the manage- ment of the two banks. With the entry of the state into the field of banking the situation was completely changed. Illinois had received from the federal government $477,919.14 as her share of the surplus revenue distributed among the states in 1836. 112 109 Senate Journal, 1836-37, p. 356. ™Ibid., 355. lxl Laws of Illinois, 1836-37, p. 18. ^Auditor's Report, Laws of Illinois, 1836-37, p. 193. ' 441] BANKING AND INTERNAL IMPROVEMENTS 83 The legislature devoted $335,592.32 of this sum to the re- payment of the amounts taken from the school fund by their predecessors and spent the rest in internal improve- ments. Since, however, funds were needed to pay for a portion of the state's bank stock in cash, the federal money just returned to the school fund was reborrowed and di- vided between the two banks. 113 As soon as the new "Bank- ing and Internal Improvement" bonds were ready, the com- missioners proceeded to New York to offer them for sale, in order that the balance due the banks for the state's shares of stock might be met. On the day set for opening the bids for the bonds, the commissioners were chagrined to find that not a single offer had been made. The act forbade them to sell the bonds at less than par, so they were com- pelled to abandon their efforts. The banks were now so involved in the state's affairs that they agreed to accept the bonds at their face value in payment of the remainder of the state's stock; the state bank took $1,765,000 worth and the Shawneetown bank, $900,000. The latter bank afterwards succeeded in disposing of its share but those taken over by the state bank continued to burden its re- sources and embarrass its operations during the rest of its existence. 114 The banks had scarcely begun to adjust them- selves to their new relationship with the state when the panic of 1837 burst upon the country and left ruin every- where. Beginning in New York City, the first week in May, the suspension of specie payments by the banks spread like a contagion down the Middle Atlantic Coast and then to the West and South. 115 By the twenty-second of May it had reached the St. Louis depositary bank and a week later the Illinois banks voted to suspend for an indefinite period. 116 In so doing the directors of the state bank un- j doubtedly realized that the legislature would not demand the winding up of the bank's affairs as a penalty for violat- 113 Senate Journal, 1842-43, p. 36. 114 Ford, History of Illinois, 190. 115 Sangamo Journal, May 27, 1837. 11Q Ibid., June 3, 1837; Senate Journal (special session), 1837, p. 12. 84 THE DEVELOPMENT OF BANKING IN ILLINOIS [442 ing its charter by suspending specie payment, while the charter of the Shawneetown bank did not contain such a forfeiture clause at all. The banks and the state were now so closely associated that the sudden termination of the activities of either of them would result in indescribable chaos in the state's finances. Thoroughly alarmed at the possibility of such a contingency in the case of the state bank, two of the canal commissioners hastened to Jackson- ville in search of the governor. They finally persuaded him to call a special session of the legislature in order that legal sanction might be given to the violation of the bank's charter. Accordingly at the opening of the special session in July, 1837, a memorial was presented from the state bank asking that the penalty of forfeiture be suspended. The legislature acceded to the request and authorized the suspension of specie payments until the end of the next J general assembly. Certain stipulations were imposed, how- ever, the chief of which were: (1) No dividend could be declared until the bank resumed specie payment; (2) No specie could be disposed of in any way, except in amounts of five dollars or less, for change; (3) A monthly statement of the bank's condition must be furnished the governor and the newspaper owned by the state printer; (4) The total issue of notes during suspension must not exceed the amount of capital actually paid in; (5) The state's funds must be collected and disbursed as usual; (6) Relief must be granted to the bank's debtors by allowing them to pay their notes in instalments; (7) If any of the foregoing , provisions was violated, the bank's charter was ipso facto liable to forfeiture. 117 A brief act was also passed at the special session au- thorizing the state to sell its stock in the banks to private individuals if funds were needed to meet the interest on internal improvement loans. 118 Notwithstanding that the crisis now made their extravagant railroad and waterway program impossible of fulfilment, the legislature refused 117 Laws of Illinois (special session), 1837, p. 6. lis lbid., 5. 443] BANKING AND INTERNAL IMPROVEMENTS 85 to curtail the plans in any way. By the fall of 1837, hard times set in, but the banks were powerless to furnish aid to tide over the situation. Instead, the discounting of notes was reduced to a minimum and suits were instituted against delinquent borrowers, most of whom were business men. They in turn had done a very heavy credit business since 1835 and were compelled to force the farmers and artisans to settle with them. 119 This caused a feeling of resentment against the banks among the rank and file of the people. The Whig party and its newspaper organs remained loyal to the banks, but the Democratic journals either de- nounced all banks on general principles or favored their establishment on an absolutely specie-paying basis. 120 Even Governor Ewing, who had been instrumental in the estab- lishment of the state bank, now turned against banks in gen- eral and his former pet project in particular. 121 As conditions throughout the country began to im- prove the Illinois banks, after a suspension of over thirteen months, resumed specie payment, August 13, 1838. 122 In Governor Duncan's farewell message to the legislature in December, 1838, he again urged in vain the repeal of the whole internal improvement system. As for the banks, he commended them for their voluntary resumption and for their general stability displayed during the crisis. To en- courage the relief of the multitude of poverty stricken land holders he suggested that the state furnish, without any responsibility therefor, to any person lending money on Illinois land for five years at six per cent, circulating notes to the full amount of the principal, to be secured by the J mortgage on the property, the lender to be allowed to circu- late these notes freely provided he redeemed them promptly in specie. 123 Instead of giving serious consideration to the 119 Memoirs of Gustave Koerner, 429. 120 Sangamo Journal, August 19, 1837. * 21 Ibid., July 29, 1837. 122 Ibid., August 18, 1838. 123 House Journal, 1838-39, p. 14. 86 THE DEVELOPMENT OF BANKING IN ILLINOIS [444 governor's proposal, the legislature made more secure the monopoly of note issue enjoyed by the banks, by passing the act of December 4, which prohibited persons and private institutions from issuing notes. 124 Governor Carlin was a bank hater, and in his inaugural address took the reverse of his predecessor's position. 125 He denounced the state bank in particular and pointed out four dangerous defects in the existing system: (1) There was no adequate machinery for compelling the banks to comply with their charters ; ( 2 ) They were allowed to med- dle in politics with impunity; (3) The state bank was lending millions to a few speculators; (4) The legislature did not use the means it had of compelling the banks to live up to the letter of the law. While he deplored the fact that such an elaborate system of improvements had been inaugurated, Mr. Carlin was of the opinion that it was too late to turn back after an expenditure of ten millions had been made. The legislature heeded his advice by au- thorizing nearly a million dollars' worth of additional projects rather than surrender the principle of state con- struction of public improvements. 126 In addition to the act forbidding the issue of notes by unauthorized persons, sev- eral other minor bank laws were passed at this session. The first of these was known as the foreign small note act and had for its object the expulsion from the state of all notes of less than five dollars denomination. The state bank had been forbidden by its charter to issue notes smaller than five dollars and the Bank of Illinois had consistently followed the policy of not doing so, 127 hence the public had been compelled to depend for its small notes upon the issues of the Bank of Cairo and a miscellaneous assortment of foreign notes. By excluding foreign small notes a monop- oly of the issue of ones, twos and threes was given to the Bank of Cairo, but, as will be seen, this privilege was later 12i Laws of Illinois, 1838-39, p. 80. 125 Senate Journal, 1838-39, p. 18. 126 Reports of Session (Senate), 1839-40, p. 5. 127 Senate Journal, 1836-37, pp. 354 ff. 445] BANKING AND INTERNAL IMPROVEMENTS 87 exercised also by the Bank of Illinois and the legislature finally extended it to the state bank. 128 A third act relating to banks was passed at the 1838-39 session. It placed the selection of the state directors of the two banks in the hands of the governor, instead of the legislature. 129 The federal government still refused to establish a de- positary in the state, hence the depositary at St. Louis continued to receive the large amount of land money col- lected from Illinois purchasers. The legislature by joint resolution again besought the secretary of the treasury to make the state bank a federal depositary but he had no funds to place in the hands of the Whigs. The official rea- son given was that the banks of Illinois did not conform to the federal requirements by refraining from paying small bills to their patrons. 130 The secretary, however, found it convenient to use the Chicago branch of the state bank and in 1839-40 had nearly fl50,000 on deposit there. 131 The failure to secure the federal deposits was a hard blow to the state bank and its excessive issue of notes soon began to y depreciate. Meanwhile the temporary revival of business in 1838 and the earily part of 1839 was followed by a second crisis in the autumn of 1839. When the news reached Springfield, October 20, that the banks of the East and South had again suspended specie payment, the directors of the state bank Avere called together and again decided to order another suspension in spite of losing their charter by so doing. Mes- sengers were despatched to every branch notifying them to suspend at once. 132 The news spread quickly and the next morning a large amount of notes was presented at the / bank for redemption ; but the directors refused to pay out 128 Laii>s of Illinois, 1838-39, p. 79. The note issues of the Bank of Cairo will be taken up hereafter in connection with the history of that institution. 129 Ibid., 234. lzo Sangamo Journal, January 19, 1839. 131 Reports of Session (Senate), 1839-40, p. 310. 132 Niles' Register, lvii, 167. 88 THE DEVELOPMENT OF BANKING IN ILLINOIS [446 any specie. 133 The directors of the Bank of Illinois at first decided that they were able to weather the storm, 134 but after making the attempt for two weeks they followed the example of the state bank. 133 The alarming condition of the state's finances caused the governor to convene the legislature in the special ses- sion of 1839-40. The credit of the state had been extended to the limit, the total liabilities aggregating $11,107,919.44 and calling for an annual interest payment of $637,800. 136 Furthermore, to provide funds to complete the work al- ready authorized would increase the amount to $21,846,- 444.50. Not only had the legislature ordered the w T ork over the whole system of improvements to be undertaken simultaneously but they had, as has been noted, enlarged the scope of the work. The governor now urged that only one or two of the most important projects be continued. He then proceeded to criticize the state bank; first for having suspended specie payment again; second, for utterly disregarding the interests of the state and the gen- eral public by furthering the interests of a few speculators in lead and pork. He therefore recommended that no mercy be shown the bank and that its recent operations be subjected to a most searching investigation. The attitude of the governor and the legislature seems to have been more friendly toward the Bank of Illinois. 137 Conse- quently they were content to let that institution off with a demand addressed to its state directors for an explanation as to their votes in favor of suspension. The defense offered by the directors was that the interests of the state demanded that the bank's specie be thus protected during country-wide suspensions of specie payment. Furthermore, they argued that the constant advances to the state had weakened the bank's ability to withstand a drain of its gold and silver. The part of the reply that was calculated 133 S7. Louis Bulletin, October 24, 1839. 134 Shawnee town Voice and Journal, October 26, 1839. 13ti Reports of Session (Senate), 1839-40, p. 46. ™«Ibid., 3. ls 'Ibid., 12. 447] BANKING AND INTERNAL IMPROVEMENTS 89 to appeal to the legislature was the statement that if the bank must continue to pay out specie, it must curtail its discounts and loans to such an extent that no dividend could be paid on the state's million dollars worth of J stock. 138 With regard to the state bank, the legislature decided to follow Governor Carlin's advice and give its affairs a thorough airing before a committee of the two houses. Although the majority of the committee appointed favored the bank wherever possible, they were forced to acknow- ledge in their report that startling abuses had crept into its management. All the members agreed that the bank had violated its charter by a suspension lasting more than sixty days, but on other more important matters the dis- cord was so great that three separate reports were submit- ted to the legislature. 139 A number of persistent rumors: about the bank were investigated by the committee and more or less truth was found in them. In the first place, the statement that money was loaned to non-residents was / found to be correct but the amount had been greatly exag- gerated, only four per cent of the loans having been made to persons outside of the state. There was a current rumor that Nevins, Townsend, and Company, the bank's eastern correspondents, were given the use of large sums without interest, but on the contrary the bank was found to have overdrawn its account with this house to the extent of $150,000. Considerable suspicion having been attached to the stockholdings of Samuel Wiggins of Cincinnati, the committee made a careful inquiry as to the character of his relations with the bank. They found that of the original issue of $1,400,000, Mr. Wiggins obtained $193,100. He had paid some of the installments when called for, but in October, 1835, he had failed to respond to the call and was compelled to ask that the penalty of forfeiture of his stock be not inflicted for sixty days. Contrary to the bank's charter, he was granted a loan of a sufficient amount 138 Reports of Session (Senate) 1839-40 f 128. ^Ibid., 241 ff. 90 THE DEVELOPMENT OF BANKING IN ILLINOIS [448 to meet the call, by offering $50,000 worth of his stock as collateral. 140 The bank not only renewed this loan from time to time, but in addition advanced enough money to enable Mr. Wiggins to complete the payments on his f 193,100 worth of stock. In over four years, he had repaid but $18,500 of the $58,500 borrowed but had continued to draw a semi-annual dividend on all the stock. In addition to his personal holding, it will be remem- bered that Mr. Wiggins was a member of a syndicate which agreed to purchase all the second issue of a million dol- lars left unsold. They had paid eleven dollars on each of the 8,665 shares and were receiving a proportional share of the dividends and Mr. Wiggins had a correspondingly larger voice in the direction of the bank's management although ineligible to a place in the directorate. Aside from the accommodations granted to Mr. Wiggins, the bank had confined its activities very largely within the state. It had even refrained from accepting any consider- able share of the St. Louis patronage which would have been exceedingly profitable on account of the large volume of produce which was transhipped at that point. But this failure to accommodate the business men of St. Louis was due to no exalted ideas of devotion to home interests but was the result of the selfish ambition of a small clique of Alton speculators to destroy the commercial supremacy of St. Louis and to amass great fortunes for themselves by diverting the commerce of the Mississippi to Alton. As has been noted, Godfrey, Gilman and Company, Alton commission merchants, had a large portion of the state bank stock under their control and unlike the other influ- ential stockholders, were residents of the state and eligible to election as directors. Accordingly, Mr. Gilman had been a director of the parent bank for over three years and Mr. Godfrey had held a directorship in the Alton branch for almost as long a time. But for reasons which are about to be revealed, both had recently resigned their respective offices. 141 140 Reports of Session (Senate), 1839-40, p. 274. 141 Ibid., 289. 449] BANKING AND INTERNAL IMPROVEMENTS 91 Since the prosperity of their business depended upon the development of Alton at the expense of St. Louis, this firm proceeded to enlist the state bank in their campaign to make Alton the commercial emporium of the Mississippi Valley. Much of the corn and pork from the farms of the Middle West, as well as the lead from the mines at Galena on the upper Mississippi, were sold to St. Louis merchants and transhipped by them to southern or eastern markets, thus creating for the benefit of St. Louis brokers a large amount of credit in the money centers of the country. 142 The region around Galena was exporting by way of St. Louis six or seven hundred thousand dollars worth of lead each year, the greater part of it to the Atlantic seaboard, and the directors of the state bank were allured by the prospect of becoming the possessors of the large amount of credit that would result from these shipments. Conse- quently, they were easily persuaded to make liberal ad- vances to the Alton lead merchants, especially to their fellow directors, Messrs. Godfrey and Gilman. In fact, the accommodations to this one firm as drawers, discounters, and endorsers of paper amounted to $800,748.00 143 before the other directors came to their senses and called a halt. The larger part of this liability had been created by the firm's transactions with H. H. Gear, a Galena lead pro- ducer, who, whenever he drew bills of exchange on them for shipments of lead, promptly sold them to the Galena branch of the state bank. The bank, however, was not wholly committed to the interests of one Alton concern for it had made similar advances of over one hundred thousand dollars to the firm of A. G. Sloo and Company. 144 With such generous financial backing the Alton commission men had combined for the purpose of raising the price of lead and succeeded in a short time in raising it from $2.75 per hundred weight to $4.25. In their efforts to corner the supply they bought with a free hand, but soon found that 142 Reports of Session (Senate), 1839-40, p. 277. 143 Ibid., 256. 144 Ibid., 265; Ford, History of Illinois, 176. 92 THE DEVELOPMENT OF BANKING IN ILLINOIS [450 they were unable to control the situation in the eastern market, which was supplied by scores of producers. 145 By the time their lead reached New York, the market had become so unsatisfactory that the whole large shipment was placed in the warehouses to await a rise in price. Meanwhile in addition to their speculations on the lead market itself, Godfrey, Gilman and Company had used several hundred thousand dollars of the bank's money in buying up mines and smelters and in speculating in Galena town lots. 146 The burden, therefore, finally became too great and they and their fellow speculators were compelled to bring their lead out of storage and sell it at a great sacrifice. Sloo and Company went into bankruptcy and the other firms were practically ruined. Mr. Gear of Galena was compelled by the directors to assume a large part of Godfrey, Gilman and Company's obligation, thus reducing that firm's liability to the bank to |419,358. 147 The attempt to make Alton a great metropolis cost the bank nearly a million dollars and brought disaster to the city's legitimate business interests. 148 The connection of the bank with speculation in Illinois produce did not end here, for it came dangerously near to the point of speculating in lead and pork on its own account. In its eagerness to secure credit in the East the bank had united with some Galena mine owners in employing J. G. Lamb of Alton as their joint agent. According to the arrangement made with Mr. Lamb, these lead producers delivered their product to the Galena branch of the bank and were paid about three-fourths of its market value. The cashier then shipped the lead to Mr. Lamb, who in turn consigned it to Nevins, Townsend and Com- pany, the bank's New York correspondents. When the lead was sold in the New York market, Nevins, Townsend and Company placed the proceeds to the credit of the state 145 Reports of Session (Senate), 1839-40, p. 277. 146 Ford, History of Illinois, 176. 147 Reports of Session (Senate), 1839-40, p. 265. 148 Ford, History of Illinois, 176. 451] BANKING AND INTERNAL IMPROVEMENTS 93 bank. The bank in turn deducted the interest on the money paid to the lead producers and credited Mr. Lamb with the rest. Mr. Lamb then deducted his commission and other charges and sent the producer a check for the balance. Thus while the bank cannot be said to have speculated directly in lead it was guilty of devoting too large a share of its resources to the fostering of a highly hazardous undertaking. 149 The cashier and clerk of the Chicago branch also dis- played a lack of good judgment, to say the least, by engag- ing in pork speculation with two Chicago commission men. They used over $26,000 of the bank's funds in this way at a time when accommodations were being refused the legiti- mate enterprises of the city. 150 Closely related to the inquiry into the bank's relations with speculators was the charge that all the directors as well as members of the legislature had received a dispropor- tionate amount of credit. In spite of the fact that Messrs. Godfrey and Gilman had now withdrawn from the director- ate, it was found that $493,227.57 was due the bank from its directors and the firms of which they were members. The president of the bank urged in defense of the practice of favoring the directors the consideration that these men gave a great deal of valuable time to the bank's business and were entitled to special consideration in lieu of a fixed salary. 151 As for special favors being shown members of the legislature, the investigation showed that twenty-one members had borrowed over $2,000 each, but that their total liabilities reached the modest sum of $50,394.26. 152 The extent to which the bank accommodated the different classes of borrowers, however, can be seen from the fol- lowing table in which debtors are divided into groups ac- cording to the amount of their obligations. 153 149 Rcports of Session (Senate), 1839-40, pp. 311 ff., 336. 150 Ibid., 266, 331, 332. * 1 * 1 Ibid., pp. 279, 287. 152 Ibid., 307. w 133 1 bid., 290. 94 THE DEVELOPMENT OF BANKING IN ILLINOIS [452 Amount $200 or less. $200-500 $500-1000 .... $1000-3000 .. $3000-5000 .. Over $5000 Number of borrowers 1875 .1408 ■ 713 ■ 732 . 172 202 Although the majority report of the committee ex- pressed confidence in the bank's solvency, in spite of its reckless advances to favorites, an analysis of the official statement of the institution for January, 1840, reveals some assets of a very questionable value. 154 For example, the first item under "assets" (discounts, bills of exchange and loans) amounts to $3,937,584.75, but Dr. Murphy of Chicago, a member of the committee, in his separate re- port, shows that at least $921,461.19 of this amount should have been listed as a suspended debt. 155 The second item in the "asset" column, "Illinois State Bonds," shows that the bank had not been able to dispose of the $1,765,000 in state bonds received in part payment of the state's shares, nor the $699,750 worth of canal stock unloaded by the state upon the directors of the bank. 156 In view of the actual market value of Illinois securities, the bonds should have been entered at about half their face value instead of at par. It was evident, therefore, that if the bank were com- pelled to forfeit its charter because of its recent suspension of specie payment, the stockholders, including the state, would not be able to realize the full amount invested in the enterprise. The legislature, although dominated by Democrats, many of them hostile to banks, decided that the state's interests demanded a further postponement of the penalty of forfeiture. By the act of January 31, 1840, the bank was allowed to continue the suspension of specie payments until the close of the next session of the legislature. The directors, however, were required to bind themselves to an ^Reports of Session (Senate), 1839-40, 348. 155 Ibid., p. 263. 15Q Ibid., 308. 453] BANKING AND INTERNAL IMPROVEMENTS 95 agreement: (1) To make no more loans based upon the bank's stock; (2) To permit any person holding five or more shares to become a director; (3) To limit the amount of liabilities of any one person to $10,000 in promissory notes and $25,000 in bills of exchange; (4) To choose not less than three new directors at the next election and not less than two new members at each succeeding election ; (5) To accept their own currency for all claims against them. In addition to these stipulations, the restrictions placed upon the bank during its former suspension were again put into force. 157 The use of bank funds for pork speculation by officers of the Chicago branch furnished an opportunity for some of the legislators to "get even" with the cashier of the branch by securing its removal from Chicago to Lockport, a village about forty miles away, on the line of the Illinois and Michigan Canal. 158 During its existence of less than four years the Chicago branch had been a factor in the rapid development of that city. It had furnished eastern exchange at from one to two per cent while its discounts of business paper averaged about $500,000. The directors of the parent bank, however, decided to obey the mandate of the legislature and in July, 1840, closed the branch. 159 Scarcely had a beginning been made in the new location, however, when the legislature restored the branch to Chi- cago. 160 On the whole, the most commendable piece of legis- lation enacted at the special session, although it dealt only indirectly with the banks, was the repeal of the internal improvement act and the issuance of an order that all work be indefinitely suspended. 161 The year 1840 witnessed some improvement in the gen- eral situation in Illinois but the banks were gradually falling into bad repute. Their notes, which had never 157 Laws of Illinois, 1839-40, p. 15. 158 Ibid. 159 Chicago American, August 7, 1840. 160 Laws of Illinois, 1840-41, p. 40. 1Q1 Ibid., 1839-40, p. 93. 96 THE DEVELOPMENT OF BANKING IN ILLINOIS [454 suffered a discount of more than two or three per cent, were now rated by brokers at ninety cents on the dollar. Hence it was estimated by Congressman Stuart in a speech in the federal house of representatives that the bank paper of Illinois was costing the people of the state one hundred and sixty thousand dollars a year in higher prices for goods bought in the East and lower prices for produce sold there. 162 A number of Chicago business men made an un- successful attempt to drive Illinois bank paper out of circulation in that city, while the notes were dubbed "bank rags" by the newspapers. 163 Meanwhile the interest bill of the state had assumed such alarming proportions that Governor Carlin was forced to summon the legislature to meet two weeks before the regular date (December 7, 1840) in order that some way might be devised for providing the needed revenue. There had been so much resentment manifested toward previous legislatures which had levied additional taxes that some of the members favored a bill providing for the purchase by the state of three millions of additional bank stock, with the expectation that the dividends on the $6,100,000 thus invested would not only pay the interest on the money borrowed to buy the stock but would suffice for the pay- ment of the state's entire interest bill. In support of the project it was urged that the unsatisfactory condition of the banks was due solely to a lack of capital and if this were supplied, dividends would probably increase at once to the desired amount. 164 Governor Carlin was bitterly opposed to this plan and warned the legislature against all such chimerical schemes. 165 The matter was referred to the committee on banks, which presented in its report the following vivid picture of the existing situation : 166 "Such schemes of producing wealth as the multiplica- tion of banks and paper money all end in disaster. Up to 1C2 Quoted by the Vandalia Free Press, June 26, 1840. 163 Chicago American, October 9, 1840. ^Reports of Session (H. of R.), 1840-41, p. 13. ^Reports of Session (Senate), 1840-41, p. 3. ™*Ibid. (H. of R.), 14. 455] BANKING AND INTERNAL IMPROVEMENTS 97 1836-37, when their capital was increased, our whole debt was only $100,000. Three years have elapsed and what is their history? Paper money multiplied, foreign debts cre- ated, visionary schemes of internal improvement com- menced and abandoned — prodigality abounding in every department, until we find ourselves burdened with a debt of thirteen millions. The payment of this stock at the present rate of our bonds would involve borrowing four millions to pay three. Since 1837 the dividends have been constantly diminishing until we find them for the last year only equal to the interest on our bonds. 167 .... The banks have been in operation for four years and during a large portion of the time have been in a state of suspension. . . . They have been unable to handle three millions rightly, then why give them three more?" The legislature was convinced of the wisdom of this view and partially met the situation by voting an increase of taxes. The immediate needs, however, had to be met in a very questionable manner. The fund commissioners being unable to sell the state's interest bonds, hypothecated $804,000 with Macalister and Stebbins of Philadelphia as security for a loan of but $321,600. The firm remitted $261,500, but, according to Ford, the state never was paid the rest. 168 By summoning the legislature two weeks earlier than the time fixed by the constitution Governor Carlin caused a very important question to be raised. The Democrats held that since the regular session could not lawfully begin until December 7, the session called by the governor was 187 The following table shows the fluctuation in the semi-annual divi- dend rate in the case of both banks. Reports of Session (Senate), 1840-41, State Bank Bank of Illinois June, 1837 2]/ 2 % not given December, 1837 5 not given June, 1838 5 not given December, 1838 4 zV 2 % June, 1839 4 4 December, 1839 3 l A 4 June, 1840 3 3 'Ford, History of Illinois, 198. 98 THE DEVELOPMENT OF BANKING IN ILLINOIS [456 entirely distinct from the regular session and must be ad- journed sine die on the preceding legislative day, Decem- ber 5. It will be remembered that the state bank was re- quired by the recent suspension act to resume at the close of the next session of the legislature, but the directors naturally supposed that there were several months in j which to prepare for resumption and had not given the matter serious consideration. When the Whig members realized the seriousness of the bank's situation, they planned to absent themselves from the room and thus break up the quorum and prevent adjournment. When the fifth of December arrived they proceeded to carry out their plot, but the Democrats grasped the situation and by guarding the doors and windows until a motion for adjournment could be carried, won the day and forced the bank to the choice of resumption or liquidation. 169 The state bank, in common with those of the entire West and South, had originally planned to resume volun- tarily, January 15, 1841, but now that it was suddenly confronted with the danger of losing its charter, the direc- tors hurriedly voted to resume at once. 170 In order to for- tify itself as much as possible in its single-handed battle, the bank ceased discounting entirely and refrained from the issue of notes as far as possible. As a somewhat pardonable measure of revenge upon the legislature, it was ordered that all further advances to the state should cease. The bank had been very liberal in allowing the state to over- draw its account to the extent of $196,000 and the directors estimated that at the present rate this overdraft would amount to about $300,000 by the end of the next year. In undertaking to resume specie payments, the bank was not only compelled to cut off all sources of profit but was offer- ing several cents premium for specie, hence its officers felt 169 Letter of W. Fithian to A. Williams, December 6, 1840, in Williams- Woodbury Mss.; Ford, History of Illinois, 225; Reports of Session (Sen- ate), 1840-41, p. 12. 170 Sangamo Journal, December 18, 1840. 457] BANKING AND INTERNAL IMPROVEMENTS 99 no compunctions about refusing further advances to the state. 171 The directors had adopted this policy of resuming single-handed with the firm belief that the other banks would live up to their agreement to resume, January 15, but as that day drew near instead of specie, only excuses were offered to note holders and the State Bank of Illinois continued to fight it out alone. 172 On January 25, the rep- resentatives of the banks of Kentucky, Indiana, Ohio and Illinois met in convention at Louisville to fix another date for resumption, but failing to reach a decision, they ar- ranged for a second meeting at some distant date. The state bank's officials came home thoroughly discouraged, for there seemed to be no prospect for a general resumption within the next six months or possibly a year. During the bank's own brief period of resumption $455,000 in specie had been withdrawn by note holders and it was evident that such a situation could not long continue. 173 And yet, on the other hand, the surrender of the charter would in- volve the sale of the state bonds at an enormous loss and the collection of loans at a time when the borrowers were unable to meet their obligations in full. The curtailment of the bank's activities and the contraction of the currency by the retirement of the $455,000 of redeemed notes had already caused a fall in prices, and made the lot of the debtor increasingly hard. These considerations were pre- sented by the directors of the state bank to the legislature in the form of a memorial, in which was also incorporated a request for further authorization of the suspension of specie payment. 174 In the interval which had elapsed since the legislature had brought about the humiliation of the state bank, the members had occasion to pay dearly for their cruel sport, for as soon as the bank had been compelled to resume, it 171 Reports of Session (Senate), 1840-41, p. 14. 172 Chicago American, January 15, 1841. 17S Reports of Session (Senate), 1840-41, pp. 416 ff. 17 *Ibid. 100 THE DEVELOPMENT OF BANKING IN ILLINOIS [458 stopped cashing their salary warrants and they were com- pelled to dispose of them at half their value. 175 Conse- quently, as the session drew near its close, those members who had been so eager to compel a strict compliance with the law were now disposed to show mercy. Accordingly, by the act of February 27, 1841, the banks of the state were ] declared free to suspend until the other banks of the South and West should resume. As the New York Evening Post put it, a the Illinois legislature has authorized the sale of indulgences." 176 The act even set aside any forfeiture that might have accrued before December 5, 1840. In addition to the long list of restrictions imposed at the time of the last suspension, it was further provided that the interest on loans should be reduced one per cent, in order to accom- modate the more impecunious borrowers. Until January 1, 1843, the state bank could issue one, two and three dollar notes, but, in return for this and other favors, it was forced to purchase of the state at par fifty thousand dollars' worth of six per cent bonds every six months for two years. The state treasurer was specifically instructed, however, not to use the money thus obtained for paying any of the state's indebtedness to the bank. The maximum amount for which a director, or any firm of which he was a member, could thereafter become liable, was reduced to $5,000. 177 Both the state bank and the Bank of Illinois were com- pelled to give bonds as surety for an agreement not to pay any dividends to private stockholders during suspension, but they were both required to declare "to the full amount" the "just and proper dividends on the state's stock." 178 Owing to a slight difference in the wording of their respect- ive charters, the Bank of Illinois had been paying a capital stock tax on all its paid up capital while the state bank paid only on the three-sevenths of its capital owned by individuals. The inequality was remedied in the "suspen- 175 Chicago American, December 18, 1840; Ford, History of Illinois, 225. 176 Quoted by Sangamo Journal, April 2, 1841. 177 Laws of Illinois, 1840-41, p 40. 178 Ibid., p. 42. 459] BANKING AND INTERNAL IMPROVEMENTS 101 sion act" by the imposition of a "bonus" of one-half of one per cent per annum on all the state shares of the state bank. 179 The legislature at the same session, authorized the auditor, treasurer and secretary of state to settle with the Bank of Illinois for generous advances made by it to the state capitol building fund and the internal improve- ment account. The bank was given the warrant of the auditor for the full amount, payable after 1850, with inter- est at six per cent. 1 80 The state bank had never been permitted to issue notes of a less denomination than five dollars, and this indulgence was granted now in the belief that the ones, twos, and threes would supply the place filled by gold and silver and thus the banks would soon be able to accumulate a sufficient amount of the displaced coins to warrant early resumption of specie payments. But instead of facilitating resumption the small notes had the opposite effect and the task of ac- cumulating specie became more difficult than before. 181 In- stead of continuing their policy of retrenchment the officers of the state bank plunged more deeply than ever into finan- cial difficulties. They enlarged its circulation and pro- ceeded to erect a costly banking house, while its stock was quoted at thirty-seven cents on the dollar and the institu- tion itself was rated in New York as utterly insolvent. 182 In spite of this condition of affairs the directors voted them- selves, as compensation for their services, the use of four thousand dollars each, without interest. 183 When June 1 arrived the directors purchased fifty thousand dollars- worth of state bonds as required by the suspension act, but were unable to pay any dividends on state stock. 184 So long as the Bank of Illinois continued under the careful management of John Marshall and his colleagues^ 179 Session Reports, 1840-41, p. 186. 180 Laws of Illinois, 1840-41, p. 39. 181 Ford, History of Illinois, 226. 182 Chicago Democrat, September 14, 1841. 183 Sangamo Journal, November 19, 1841. 184 Ibid., July 23, 1841. 102 THE DEVELOPMENT OF BANKING IN ILLINOIS [460 who had guided the bank's affairs in the old territorial days and had revived its charter in 1834, it was at least able to bear up under the crushing load which its partnership with the state had thrust upon it. Its affairs, however, were becoming badly entangled and when it paid the semi-annual dividend in July, its resources were strained to the ut- most. 185 Although the directors had suspended specie pay- ments whenever the other banks of the West had taken such action, they did so with impunity, for they were not liable to forfeiture of their charter. But at length the anti-Marshall faction among the stockholders, defeated in their effort to oust the officers of the bank and to place J. C. Stickney at the head of affairs, instituted quo war- ranto proceedings based upon the plea that the charter of the bank was unconstitutional. As was noted in an earlier part of this discussion, the court decided in favor of the bank's charter. 186 At the annual election of officers, Janu- ary 2, 1843, Mr. Marshall declined election as president and the bank's policy was soon changed to one of getting all that was possible out of a doomed enterprise before it should go to pieces. In their effort to carry out this policy the directors even attempted to defraud the state, as will be seen in connection with the settlement of the bank's affairs. In spite of the ever increasing evils of state banking, the Illinois Whigs continued in their loyalty and argued that all that was needed to remedy the situation was an- other national bank to act as a regulator of the state insti- tutions. 187 The opposition of the Democrats was consid- ered by the Whigs as disloyalty to the country's institu- | tions. On the other hand, "the Whigs in the estimation of the Democrats were a set of bank vassals, and were fre- quently called by the Democrats 'the ragocracy.' The presi- 185 Sanganw Journal, July 23, 1841. 186 Ibid., January 21, 1841. Decision of the supreme court is found in I Gilm. 672. 187 Ibid., November 12, 1841. 461] BANKING AND INTERNAL IMPROVEMENTS 103 dents and directors of the bank were called 'rag barons/ bank paper was called 'bank rags,' and 'written' or 'printed lies.' " 18S Now that the state had finally abandoned the various internal improvement projects, several of the directors of the bank became interested in a proposition to take over the Northern Cross Railroad, which was the most promising of the projected lines of railway. Accordingly, they entered into an agreement to complete the line for the state and to receive payment in Illinois and Michigan Canal bonds. 189 These same directors with the aid of their fellows had made a rule that the bank should not expand its issue of paper during the suspension of specie payments, but now they proceeded to disregard the bank's condition and voted themselves and their business partners generous loans for building the railroad. When a beginning had been made it was easy to continue and even the state came in for an advance to piece out her insufficient revenues. 190 Finally in February, 1842, the directors announced that the bank had been compelled to suspend all its operations for an indefinite period. This announcement was followed by the rapid depreciation of its paper. By March 25, the notes had fallen in value from eighty-five cents to fifty, 191 while in April they were quoted at forty-four cents. 192 In May the directors discontinued the Chicago, Danville and Jacksonville branches and moved their specie to the parent bank. Instead of resumption, everything now pointed to liquidation. 193 It was confidently expected that the Bank of Illinois would be in a position to resume specie pay- ments in June along with the other western banks, but 188 Ford, History of Illinois, 227. See, also, article from Belleville Representative copied in Sangamo Journal, February 16, 1839. 189 Ford, History of Illinois, 227. 190 1 bid., 223. 191 Sangamo Journal, March 25, 1842. ™ 2 Ibid., April 8, 1842. 193 Ibid., May 13, 1842. 104 THE DEVELOPMENT OF BANKING IN ILLINOIS [462 when the day agreed upon arrived the directors announced that they had been compelled to follow the state bank's example and had therefore ordered an indefinite cessation of the bank's activities. 194 During the year ending June 30, 1842, one hundred and fifty-two other banks in the United States had closed their doors and the rest had greatly reduced their circula- tion in preparation for the resumption of specie payments. This had led the people of the State of Illinois to rely all the more upon the issues of the Illinois banks until they too suspended operations and their paper became thor- oughly discredited. 195 Moreover, specie to the amount of $798,998.69 lay inaccessible in their vaults. Large amounts of their notes were being accumulated by speculators from the easily frightened countrymen, 190 so that by December, 1842, there was not enough money in circulation to carry on the business of the community and resort was had to payment in kind. 197 For the first time the governor, auditor and treasurer made use of the provision in the act of Janu- ary 16, 1836, which authorized them at any time to publish a proclamation forbidding the acceptance of state bank paper in payment of public dues. Collectors were further warned not to take the notes of the Shawneetown bank at more than their current value. At this point, which marks the close of their active existence, the writer has brought together a sufficient num- ber of the statements made by the two banks to the legisla- ture to indicate: (1) The general character of their opera- tions during the whole period of their activity; and (2) the specific changes of policy that occurred from year to year. The following table shows the balance sheet of the state bank for the dates indicated : 194 Goodspeed, pub., History of Gallatin, etc., Counties, ioo. 195 Senate Journal, 1842-43, p. 20. 196 1 bid., 43. ™ 7 Ibid., 18, 19. 463] BANKING AND INTERNAL IMPROVEMENTS 105 ^3 O) if o 2" £8 oo o o oo a I H OS H 1^ Tf w no LO O On LO LO rf On CO no LO CO CO oo" o oi o3 8 8 8 lo On ~ 00 On lo In. Np^ CO ON M no 01 t ^ co LO 1- o t NO CO 00 oq o\ oo LO lO rf o" i> O LO £ £ ^ C 00 K ^ O HH O rf lo On O . LO O 00 t< co 3 3- O On On §■ ON 00 1^ 00 On In. co 01 CO W On 01 1^ On nO^ On On lo O" 01 01 lo M LO LO O^ K co g\ io o Q olocoo nooiqQOn'-'OOI oS m p\ o no o^ i-n On 00 O 01 ON NO O i^ o co d no On lo O 00^ 00 co t< LO nh CO s 3 " 00 co N CO 00 On o LO ON 00 8 CO NO W LO OO' Tj" LO Q LO 01 p o ro N LO On NO On hh co CO K. Cn LO d LO 1^ CO co Tt" 00 IN. (M oi co lo 00 01 lo Tf On NO CO LO O i 3 NO- CO o CO" 01 t>. CO of oo" ^ On co NO On NO of co" co O lo rf 0; O lo ^ Tf co lo io co co lo oi vd M oq co O 00 co On CO t-i K K ■r)- N LO LO CO \d LO ~ n£ 5 ^ CO t lo Q co lo CO i*t no On 01 «- $$ 00 2 oo i< t< oo" S m a t io S co 0J Tt Co •> •> Q lo 01 ON K O Oj IO N oo" LO of O 00 lo CO 1—1 LO co co On m 01 LO LO ON NO O 01 CO NO 8 £ 3 <1 ~ CM00 h tj- £- m co o E ^ p o 2: J a. o co H a, rt U Pi 3 £ bo *d U E3 3 JS .S3 cs 5 c p o I e O o o o 3 *o c c o 1 in o *a 7 106 THE DEVELOPMENT OF BANKING IN ILLINOIS [464 The first statement was made just three months after the bank began business as a private institution. The items in the balance sheet reveal the sources of the funds with which the bank carried on its earlier operations as well as the character of the accommodations extended to borrowers. Subscribers to the $1,400,000 capital stock had made payments to the amount of $278,739.11 in "specie or its equivalent." Judging from the large amount of specie on hand payments must have been made generally through that medium or with funds readily convertible into specie. The $209,396.30 due from other banks is almost entirely offset by the item, "real estate fund, $200,000." The bank had recently borrowed this amount in the East for the purpose of reloaning it on real estate, and the money was still on deposit in a New York bank. 198 Individual deposits form a larger percentage of total liabilities than at any subsequent report. The bank had but a small supply of notes at this time on account of a delay in the shipment of the separate issues provided for each of the branches. 199 Since the real estate fund was not yet available, scarcely any loans had been made on real estate, the busi- ness being confined to the purchase of bills of exchange and the discounting of promissory notes. By January, 1837, the date of the next statement given in the above table, a great change had occurred. Almost all the capital stock had been paid for and an additional sum of $350,000 had been borrowed to re-lend on real estate security. The specie reserve had been increased 225 per cent, while the note issue had been expanded to seven times the amount outstanding in 1835. The bank as the deposi- tary for state funds had on hand $298,799.58 of the pro- ceeds from the sale of Illinois and Michigan Canal bonds, in addition to individual deposits of $475,265.63. The con- stant drafts on the canal funds, however, made that item of little benefit to the bank. The large circulation out- 198 U. S., H. of R., 24 Cong., 2 Sess., Doc. no. 193, p. 603. 1Q9 Ibid. f 615. 465] BANKING AND INTERNAL IMPROVEMENTS 107 standing indicates that most of the loans and discounts were received in the form of the bank's notes. The year 1836 had been marked by a great demand for accommoda- tion on the part of land speculators and the bank had ex- panded its loans very rapidly ; in fact, but a few weeks be- fore this statement was made it had been compelled to suspend its discount business until it could receive a ship- ment of |280,000 in specie from New York and New Or- leans. At this period the purchase of bills of exchange arising from sales of produce in the South and East formed a large part of the bank's business, for the reason that the bills were readily converted into specie while the ordinary loans or discounts at this period were considered as "slow" assets. 200 The connection of the bank with the lead and pork speculation accounts for a large amount of the out- standing accommodations. 201 At the time of the next report recorded in the table, the volume of the bank's business had reached the maxi- mum point. The individual stockholders had paid in the full amount of the first stock issue of f 1,400,000 and had to their credit $144,655 on the second issue of one mil- lion dollars. In the meantime the state had received its $2,100,000 in shares, making the total paid up capital $3,644,655.00. However, instead of paying in cash for its shares, the state had turned over to the bank $1,765,000 in bonds. The bank had also been practically compelled to buy $700,000 worth of canal bonds and about $300,000 worth of other state securities, in order to retain the good will of the legislature. Thus $2,763,750.00 of the bank's resources were tied up in securities of questionable value and $28,748.73 more had been advanced without interest in order to help make up the deficit in the current expenses of the state government. 202 The proceeds of a recent sale of internal improvement bonds had been deposited with 200 Special Report, Investigating Committee, 1836-37, p. 40. ^Reports of Session (Senate), 1839-40, pp. 266, 331, 332, et passim. 202 Ibid., p. 263. 108 THE DEVELOPMENT OF BANKING IN ILLINOIS [466 the bank by the fund commissioners and had increased the total deposits to over a million dollars; but the deposit items were soon reduced to their normal amount and as the difficulties of the bank increased, rapidly disappeared. The circulation of the bank had more than doubled, but the re- serve had increased but twenty-five per cent and was equal to but thirteen per cent of the liabilities other than capital stock. The heavy drafts made upon the bank by the state enabled it to turn to a profitable use but $3,700,000 out of its total resources of $8,900,000. The reckless advances made to favorites had increased the discount item to the amount of $3,287,770.60, but almost a million dollars of this amount was pronounced worthless by Doctor Murphy of the legislative investigating committee. 203 The report for November 16, 1840, shows a marked decline in the general activities of the state bank. But $1,470 had been paid in by private stockholders, making a total of $146,125 paid in on the million dollars stock issue to individuals. The amount loaned on real estate had been reduced and one hundred thousand dollars returned to the original holders of the fund. A surplus of $90,000 had been accumulated for emergencies but the deposits of over a million dollars had shrunk to $107,000. In the face of un- favorable conditions the note issue had been increased while the reserve had decreased more than twenty-three per cent. In their efforts to protect the bank from loss the bank officials were compelled to bid in at judgment sales large amounts of property which they had accepted as security for loans. As may be seen from the "real estate" item, nearly half a million dollars was tied up in this way. The items, "Illinois securities, $2,101,899.59," and "Ad- vances to the state, $243,397.07," indicate what a crushing load the partnership had placed upon the bank's resources. The first amount indicates that the bank had been able to dispose of $600,000 worth of bonds, probably at a heavy discount. The second shows the severe drain that was being 203 Reports of Session, (Senate), 1839-40, p. 263. 467] BANKING AND INTERNAL IMPROVEMENTS 109 made upon the bank to meet the state's current obligations, |193,300.65 of it being for the ordinary expenses of govern- ment while the remaining $50,096.42 represents advances for labor and material employed in the internal improve- ment projects. The decrease of fifty per cent in discounts and bills of exchange purchased as well as the accumulation of large amounts in eastern banks and listed in the statement as a part of the "$797,278.16 due from other banks" shows that the bank was preparing to resume specie payment along with the other banks of the West and South. 204 By the time the next report was made, the bank was hopelessly insolvent. It had practically suspended all op- erations but the settlement of outstanding accounts. $568,742.22 of the discounts were listed on the bank's books as "suspended debt" and much of the remaining $826,344.85 as well as the loans on real estate later proved to be worth- less. Through the foreclosure of mortgages it had come into possession of over a million dollars' worth of land, but, as will be seen, only a small part of this amount was ever realized. Some of the bonds had been sold but the state had continued to demand advances for current ex- penses until $448,869.59 was due the bank. The bank had suspended its operations since February, 1842, and its sup- ply of specie remained intact. During the preceding period of enforced resumption it had redeemed a large amount of its paper but there was still almost a million and a half outstanding. The large amount of undivided profits is due to the fact that the bank had been forbidden by the legis- lature to declare dividends during a suspension of specie payments. The bank c-untinued in a dormant condition until February, 1843, when it went into liquidation under conditions which will be considered presently. ^Reports of Session, 1840-1, 14. 110 THE DEVELOPMENT OF BANKING IN ILLINOIS [468 The following table shows the condition of the Bank of Illinois at various periods : Aug. 5, 1837 Dec. 1, 1838 Nov. 2, 1840 Nov. 12, 1842 Loans and discounts..$243,3i8.3i $1,005,568.84 $1,339,215.00 $1,170,619.87 Bills of exchange 15,444.76 78,850.61 270,738.40 201,843.76 Suspended debts 28,313.41 133,869.59 Advances to fund commissioners 240,037.04 Advances for state house 84,197.00 Illinois securities 500,000.00 25,280.96 370,818.84 Insurance stock 1,500.00 11,200.00 Due from banks 41,727-93 517,121.58 308,539.63 44,85348 Real estate 975-00 11,331.91 62,426.95 98,661.24 Incidental expenses.... 29.25 28,874.95 6,566.67 6,892.05 Specie 158,610.34 306,708.05 413,255.38 307,040.47 Notes of other banks 45,450.00 82,772.00 63,147.00 2,605.00 Other assets 11,982.22 Total 2,531,227.54 2,843,217.44 2,360,386.02 Capital 1,288,400.00 1,342,740.00 1,349,240.00 Circulation 64,846.00 712,204.00 1,262,414.00 757,848.00 United States de- posits 39,79590 40.00 40.00 40.00 Unclaimed dividend.... 404.00 707.44 1,908.00 Individual deposits 121,238.80 74,998.60 90,552.30 88,634.69 Due to banks 108,665.62 31,211.41 11,684.15 Branch balances 15,533-35 Undivided profits 32,029.53 32,838.97 24,092.89 Surplus fund 4,489.52 67,179,97 126,938.29 The statement for August 5, 1837, shows the condition of the bank shortly before its transformation from a pri- vate into a quasi-state institution and its consequent en- tanglement in the state's disordered finances. The bank at that time enjoyed an excellent reputation and its balance sheet shows that its creditors were well protected. 205 As special depositary for the receipts of the land office at Shawneetown it was subjected to the supervision of the secretary of the treasury. As has been indicated in another 205 Senate Journal, 1836-37, p. 352; U. S., Letter of the Secy, of the Treas. on State Banks, 1838, pp. 778-83. 469] BANKING AND INTERNAL IMPROVEMENTS 111 connection, the bank as a private institution performed a useful service in southeastern Illinois, confining its accom- modations to lending on local real estate, discounting com- mercial paper and purchasing bills of exchange from commission men who had sold grain and live stock "down the river." 206 Before the next report listed in the above table ap- peared, the state had subscribed for a million dollars' worth of the bank's stock, paying $100,000 in cash and the rest in bonds. At the time of the report, December 1, 1838, the bank had disposed of $400,000 worth of the bonds. 207 It will be seen that the partnership with the state brought about a radical change in the bank's condition. The federal government had withdrawn its deposits with the exception of the nominal sum of forty dollars. The deposits of indi- viduals had decreased forty per cent but the fund commis- sioners had placed in the bank proceeds from the sale of bonds to the amount of $309,996.27. Under the new regime individual deposits ceased to play an important part in the bank's affairs while the deposits made by various state officials never remained in the bank's keeping for any length of time. The large amount ($517,121.58) due from banks may be accounted for by the fact that the bank was now the fiscal agent of the state and was concerned in the trans- fer of funds for the prosecution of the internal improve- ment enterprises. The bank no longer confined its opera- tions to southeastern Illinois, but with its branches in sev- eral important business centers its activities covered a large part of the state. In this way the great increase in the volume of loans, discounts and bills of exchange, as well as the greatly expanded note issue, may be explained. The report of November 2, 1840, almost two years later, shows an increased volume of business, but in reality the bank was in a much weaker condition. $28,313.41 of its assets were already listed as suspended debt and, as after- wards developed, a large part of the loans and discounts 206 Page 82. 207 Ford, History of Illinois, 190. 112 THE DEVELOPMENT OF BANKING IN ILLINOIS [470 were uncollectible. Officials in charge of the construction of the new capitol building had obtained advances of $84,- 197 without interest, while similar favors had been granted to the fund commissioners for the prosecution of internal improvements. The Bank of Illinois had been more for- tunate than the state bank in that it had been able to dispose of all but $25,280.96 of its state bonds. The large increase in the "real estate" item is probably due to the erection of a banking house at Shawneetown at a cost, when completed, of $80,000. 208 The bank had suspended specie payments in October, 1839, and had thus been able to maintain its specie reserve pending resumption by all the western banks in January, 1841. 209 Meanwhile, the outstanding circulation had increased steadily until it was now greater by seventy-five per cent than in 1838. The comparatively large amount of undivided profits represents the earnings which had accumulated since the semi-annual dividend of three per cent in June. It will be noted that during the preceding two years a considerable sum had been set aside by the directors as a surplus. In June, 1842, as has been noted, the Bank of Illinois suspended operations and soon after the date of the last report in the table went into liquidation. Comparatively little change had occurred in the status of loans and dis- counts save that an increased amount had been charged under "suspended debts." The $370,818.34 listed under "Illinois securities" represents the scrip given to the bank by the state in payment of the advances noted in the report for 1840. The $11,982.22 listed in the table as other assets represents the balances of the various branches. The bank had withdrawn a considerable amount of its paper from circulation and had increased its surplus to $126,938.29 but, as will be seen, its loans and discounts proved to be entirely undependable when the final settlement was made. In the gubernatorial campaign of 1842 former Gover- nor Duncan became the candidate of the Whigs against 208 Goodspeed, pub., History of Gallatin, etc., Counties, 100. 209 Sangamo Journal, December 19, 1840; Laws of Illinois, 1839-40, P- 15. 471] BANKING AND INTERNAL IMPROVEMENTS 113 Judge Ford of the supreme court. The Democrats stigma- tized Mr. Duncan as a British bank Whig and he in turn cited his various acts while governor as consistently hostile to the banks. 210 The majority in both parties was in favor of putting the banks into liquidation, but a few still clung to the hope that the banks would soon resume their opera- tions. Judge Ford, the Democratic candidate, took the stand that a compromise should be made by which the state and the banks would dissolve partnership, leaving them to settle up their own affairs and go out of business. 211 In spite of the presence of a substantial element of radical anti-bank Democrats in his party, Judge Ford was elected. The sympathies of Mr. Carlin, the retiring governor, were with the more radical wing of his party but, out of defer- ence to Mr. Ford, he agreed to omit from his farewell mes- sage the paragraphs recommending summary treatment of the banks. 212 In the meantime, however, he succumbed to the influence of the anti-bank element and, much to Mr. Ford's surprise, recommended to the legislature prompt repeal of the banks' charters. 213 He gave as his reason for urging such action that the banks deserved no further respite, for they had utterly failed to accomplish the pur- pose for which they were created. He felt that the time had come when the freedom of the individual citizen should be asserted against the domination of vested interests. In his inaugural message, Governor Ford presented the pos- sible avenues of escape from the existing bank situation and the consequences attached to each of them. The first was to allow the banks to make an effort at resumption; the second, to wind them up abruptly and withdraw their notes ; the third, to effect a compromise by which the state bonds held by the banks would be exchanged for the state's stock in the banks, dollar for dollar. He argued that the first plan would be feasible in the case of a small neighborhood institution, but wholly impracticable in the case of banks 210 Sangamo Journal, May 13, 1842. 211 Ford, History of Illinois, 293; Alton Telegraph, April 1, 1843. 212 Ford, History of Illinois, 298. * 13 Senate Journal, 1842-43, p. 21. 114 THE DEVELOPMENT OF BANKING IN ILLINOIS [472 with a circulation of four and a half millions scattered over the whole United States. In opposition to the second, and in support of the third, plan he argued that if the state's three millions in stock of suspended banks were thrown upon the market very little could be realized and the value of the shares of individuals would be practically wiped out. 214 Mr. Ford was opposed in the legislature by the radical wing of his party under the leadership of Secretary of State Trumbull. In fact, Mr. Trumbull became so active in his opposition to a compromise with the banks that the gover- nor removed him from office. 215 In spite of the anti-bank faction, however, a joint resolution was passed recommend- ing the dissolution of the connection between the state and the banks, and authorizing the governor, auditor and fund commissioner to find out upon what basis a settlement could be had. 216 These officers entered into negotiations with the banks and in a short time submitted the following report from the state bank : The state was indebted to the bank to the extent of |2,152,404.09, 217 while the bank was liable to the state for $2,100,000 invested in shares of stock. The directors were willing to settle with the state by ex- changing the bonds and other evidences of state indebted- ness for stock, dollar for dollar. The relationship between the two would thus be dissolved and the bank would be allowed to continue as a private institution with only a nominal amount of state shares to use as a defense against attacks on its constitutionality. 218 This plan was embodied 214 Senate Journal, 1842-43, pp. 36 ff. 215 Independent Democrat (Springfield), March 20, 1843; Gerhard, Illinois as it is, 103. 216 Laws of Illinois, 1842-43, p. 321. 217 This amount was made up as follows : Bonds $1,686,000.00 Scrip 17,534.50 Advances for current expenses 292,373.17 Advances to fund commissioners 156,496.42 $2,152,404.09 218 Reports of Session (Senate), 1842-43, p. 94. 473] BANKING AND INTERNAL IMPROVEMENTS 115 in a bill drawn up by Governor Ford and presented by Mr. McClernand, chairman of the House committee on finance. In his speech, which was later published in pamphlet form, Mr. McClernand showed in an able manner the unquestion- able wisdom of a complete divorce between the state and the banks. He estimated that the state had already paid out |360,000 interest on the bonds used in buying bank stock and had received in dividends but |207,500. If she continued this relationship, at the present outlook she would be called upon to meet the interest but with the prospect of no dividends whatever. 219 The bill was passed by a vote of 107 to 4 and sent to the senate, where the oppo- sition tried to kill it with amendments, but it was passed / without serious difficulty and received the approval of the council of revision. The act required the state bank to go into liquidation at once and within thirty days to pay all its specie over its counters, except fifteen thousand dollars, to depositors and holders of notes. The officers of the bank were first to ascertain the ratio which the supply of specie on hand bore to the amount of notes and deposits and no person was to receive more than that proportion of nis claim in specie. For the balance, he was to be given certificates good for payment of debts to the bank and for the purchase of bank land sold on execution. Four years were allowed for the complete settlement of affairs and at the end of each year a distribution of specie was to occur until all notes and certificates were redeemed. Debtors, however, were to be allowed to pay their obligations in five instalments. The act created the office of state bank commissioner, whose duties were as follows : ( 1 ) superintend the transactions of the bank officers; (2) act as a state director; (3) obtain information (by administering oaths, if necessary), and stop all questionable practices with court injunction, if needed. The bank was given only three days in which to accept or reject the provisions of the law. If it accepted, 219 Speech of J. A. McClernand : On Bill to Divorce Banks of Illinois from State. 116 THE DEVELOPMENT OF BANKING IN ILLINOIS [474 it must deliver to the governor evidences of state indebted- ness to the amount of $2,050,000 and receive from him a like amount of its stock. 220 The state directors were then required to resign in favor of the state bank commissioner, and if any differences should thereafter arise between the state and the private directors the matter must be left to arbitration. 221 All the branches were to be closed at once and all the bank's property appraised and sold at public auction. 222 The terms of the act were promptly approved by the directors, who delivered to the governor $1,786,000 in bonds and $287,501.51 in auditor's warrants, thereby reducing the state debt by $2,073,501.51. 223 When the governor and the general assembly gathered in front of the state house and made a bonfire of the bonds, the spirit of repudiation was destroyed with them and the general feeling pervailed that the state was on the road to recovery from the effects of six years of folly. 224 The legislature then proceeded to enact several minor laws relating to the banks, chief among which was the act of February 23, which provided that no note issued by an Illinois bank should be received for public dues and that holders of auditors' warrants should cease to receive interest. 225 The act of February 25 authorized the treasurer to pay out all Illinois bank notes in his pos- session at their current value, which at that time was less than fifty cents on the dollar. 226 Governor Ford appointed N. H. Purple state bank commissioner and he assumed his duties, January 31. In his examination of the bank's books he found that $476,- 220 This left a nominal state holding of $50,000 in the bank. 221 This method was resorted to on August 14, 1845, in order to settle a claim held by the bank against the state. The arbitrators awarded the bank $85,380.45. Reports of Session (H. of R.), 1846-47, p. 20. 222 Laws of Illinois, 1842-43, pp. 21 ff. 223 Greene and Thompson, Governors' Letter-Books, ii, 51-53. 224 February 9, 1843. Senate Journal, 1844-45, P- 10; Greene and Thompson, Governors' Letter-Books, ii, 54. 225 Laws of Illinois, 1842-43, p. 231. 22Q Ibid., 231. 475] BANKING AND INTERNAL IMPROVEMENTS 117 772.53 in specie was available for paying noteholders and depositors. Of this amount, he authorized the cashier to pa} 7 $8,432 on a judgment and f 15,000 was placed on re- serve according to the terms of the liquidation act. The remaining $453,349.53 was distributed among the depos- itors and noteholders as their first dividend. By the time Mr. Purple made his first report, December 2, 1844, the bank had reduced the outstanding circulation from $1,- 430,308 to $229,901.00 and its total liabilities other than capital stock to $870,000. In his judgment, the assets would be sufficient to meet this obligation, but he offered no en- couragement to the holders of the more than $1,500,000 worth of capital stock. 227 In his message to the legislature, which met in Decem- ber, 1844, Governor Ford commented on the great improve- ment that had taken place. The depreciated notes of the ^ c c * «j PQ -) £ s i ^ o U c o U .9 *x S 00 IT) LO LO ■^F vd - vo m oo CM of to to O Tt cm \o 2 s CO CM 58 8 cm CO vo CO VO CO CM CM CM 00 o" 6 to 0\ to co On O CM m ON On ^- , o l_0 CO co CM* LO oo o> vd o o vd co N lO vO CM to hH co Tt- 00 ^t" co oS CM 00 O 6 co r< 6 CM VO co O O N00 N " C" ^ s ^ 1^ vo VO oo ^- CM 1—1 t>» VO VO On lo vd oo CM OO vS O ft 4* £ 5 C c Oh