Friday, April 3, 2015

Corporations in the Early United States, Part VII: Old Hickory

In the interest of full disclosure, the next few paragraphs probably won’t contain a great deal of insight into the evolving perception of corporations in the early United States. The fact of the matter is that between the Panic of 1819 and the presidency of Andrew Jackson (1829-1837) the 2nd BUS slowly but surely recovered some of the confidence it had lost during the financial crisis, the American economy continued to expand, and the Republican mainstream continued its support of the American System and its accompanying nationalist economic policies. It was, in short, a period of gradual transition, if not dramatic change. That being said, I do feel it’s important to provide at least an overview of some of the processes that unfolded, the social and political fissures that gradually formed, and the rise of certain political figures who would come to define America’s nineteenth century. If this doesn’t interest you then by all means skip ahead to the sixth paragraph of this post where I assure you the really juicy stuff begins.

            Still with me? Right then…

            Though the Second Bank of the United States managed to weather the Panic of 1819 with reasonable success, thanks to the stern oversight of its president, Langdon Cheves, the effects of the recession were widely felt by a great number of Americans into the 1820s. Unemployment was widespread, property values plummeted, and confidence in paper currency was shaky at best. Seeking to remedy the nation’s economic woes and restore faith in the concept of a central bank, Cheves’ replacement Nicholas Biddle began a program of gradual credit expansion, coupled with increased commercial loans and consistent monetary oversight (aimed at the historically paper-money-mad state banks). Biddle was a Pennsylvania prodigy, the scion of a long-establish Quaker family who had graduated from Princeton at age 15 and demonstrated a remarkably broad array of talents in matters of law, economics, diplomacy, classical philosophy and art. In 1816 he’d been appointed by President Madison as one of the Second Bank’s government directors; upon becoming president of the institution in 1822 he oversaw a period of steady, well-regulated growth that did much to restore its reputation and firmly establish its role as the solid anchor of the American economy. No less august personage than Albert Gallatin, Treasury Secretary under Jefferson and Madison and one of the nation’s foremost financial authorities, agreed upon reviewing Biddle’s performance that the 2nd BUS was more than adequately fulfilling its intended role. Though critics of the institution remained scattered throughout the states and Congress, it appeared that public opinion was generally in favor of the Bank’s continued existence, or at least indifferent enough to leave it to its own devices. Unfortunately this was not to be the case for long.

            In the annals of American presidential elections 1824 stands among the more remarkable years. Not only were its immediate circumstances fraught with tension – four candidates from the same party running against each other, the vote being thrown to the House of Representatives when no clear winner emerged – but it represented, in the long term, the end of the so-called “Era of Good Feelings” and its outward political consensus and marked the beginning of a much more factious, populist, ruggedly egalitarian era in the history of the United States. The previous election in 1820 saw James Monroe run completely unopposed, a fact representative of how few major political disagreements remained following the virtual collapse of Federalism after 1814/15. By 1824, however, serious fractures had formed among the ruling Republicans, and that year’s elections saw four members of the same political faction square off. Two were members of the Monroe cabinet, Secretary of State John Quincy Adams (son of Founding Father and President John Adams) and Treasury Secretary and former Georgia Senator William Crawford. The third candidate was Speaker of the House Henry Clay, a Kentucky Congressmen who had helped negotiate an end to the War of 1812 and was one of the principle architects of the American System. The fourth and perhaps most significant office-seeker in 1824 was a low-born Tennessee cotton trader, gambler, duelist and military officer named Andrew Jackson.

Having secured a spectacular victory at New Orleans in 1815 (thanks in no small part to the city’s population of free African-Americans) and precipitated an unauthorized invasion of Spanish Florida in 1818, Jackson had become a nationally popular figure in spite of his limited record of public service. His strength was partially drawn from his status as a largely self-made man whose life was dominated by military service and years spent as a country lawyer and planter on the Tennessee frontier. Unlike his opponents, who were generally well-educated, well-born or both, Jackson claimed to speak for the “common man” who distrusted privilege, was suspicious of the Eastern elite, and had suffered greatly at the hands of the Second Bank of the United States and its at-times schizophrenic attitude towards credit. This proclivity for populist rhetoric was actually rather ironic considering Jackson’s well-documented authoritarian streak and the frequent instances during his subsequent terms as president of a casual disregard for public opinion. At the time of his nomination many of his fellow Republicans, including Clay, Adams, Albert Gallatin and Thomas Jefferson, considered him fundamentally unfit for the office of President due to his irascible temper and military habits. For millions of Americans, however, he was the embodiment of the raucous, unpretentious, unforgiving lifestyle they faced every day, and the leader who spoke most forcefully to their interests and experiences than any that had come before.

Unfortunately for Jackson, and indeed for all his fellow presidential candidates, no one man enjoyed sufficient support across the entire United States to secure an outright victory in 1824. Jackson and Adams finished in first and second place, respectively, but with only 99 of the required 131 electoral votes (to Adams’ 84) the victor of New Orleans came up tragically short. In accordance with the provisions of the 12th Amendment the top three vote-getters had their names submitted to the House of Representatives to be voted on a second time. Just as in 1800 the congressmen presented their ballots as states rather than individuals, and so regional politics were once more permitted to spill into the national arena. Clay, who had come in fourth and was thus out of the running, was able to use his position as Speaker of the House to arrange a tidy victory for Adams on the first ballot. In return Adams agreed to appoint Clay as Secretary of State while Jackson, who had won a plurality of the popular vote (41.4%), raged at what he declared was a “Corrupt Bargain.” Over the course of the next four years President Adams attempted to preserve his predecessor’s nonpartisan administrative style by maintaining a neutral attitude toward the emerging factionalism among his fellow Republicans. This tack proved unsuccessful due in part to Adams’ refusal to make use of political appointments in order to recruit potential allies (as was common practice at the time), as well as the steadfast opposition he faced in Congress to the great majority of his agenda. The stymied Jackson, meanwhile, made use of the narrative surrounding his defeat – hero of the common man robbed of victory by the bastion of the Eastern elite – combined with the organizational savvy of New York political organizer Martin Van Buren to craft an extremely effective political machine that propelled him to an easy victory over Adams in 1828 (178 electoral votes to Adams’ 83).

Here’s where it gets good.

While Jackson’s opposition to banking and commerce weren’t exactly a secret, the status of the 2nd BUS hadn’t been an issue that received a great deal of attention during the 1828 presidential campaign. Key to Jackson success, however, had been his ability to harness the discontent that still lingered among state banking interests over what they perceived as the intrusive oversight of the Second Bank of the United States. Combined with the mistrust felt by millions of mainly-rural Americans who remembered all too clearly the damage the Second Bank had wrought with its credit policies and subsequent response to the Panic of 1819, Jackson and his so-called “Democratic Party” had managed to resurrect the alliance between the agrarian South and entrepreneurial North that had been the core of Jeffersonian Republicanism. Due to the competing hard-money (gold and silver) and paper money factions within this nascent organization, Jackson had refrained from taking a strong position on banking in the immediate and maintained cordial relations with Biddle and the other directors of the Second Bank. Biddle himself had reportedly voted for Jackson, and though he was unwilling to allow the institution over which he resided to become part of the Democratic Party patronage machine he seemed amenable to much of the reform agenda that Jackson’s platform entailed. For his part Jackson seemed open to maintaining cordial relations with the 2nd BUS, met Biddle’s proposals for paying down the national debt with enthusiasm, and appeared to have come around to the idea that a central bank was not without purpose after all.

The first cracks in the relationship between the Jackson Administration and the Second Bank emerged in 1829 with the delivery of the president’s First Annual Address to Congress. Displaying once more the democratic bona fides that had garnered him such widespread support in 1824 and 1828, Jackson stated that though the re-charter of the Second Bank was not due until 1836, “I feel that I can not, in justice to the parties interested, too soon present it to the deliberate consideration of the Legislature and the people.” Though the 2nd BUS was a private corporation whose legitimacy was well-established (as the rulings of Chief Justice Marshall attested), Jackson purported that, “Both the constitutionality and the expediency of the law creating this bank are well questioned by a large portion of our fellow citizens.” By placing the task of reviewing the performance and necessity of a central bank in the hands of “the people,” his “fellow citizens,” and their representatives in Congress, Jackson was able to maintain his professed attachment to democratic ideals while once more calling attention to the Second Bank’s public functions and accompanying public accountability. Indeed this opening shot in what would come to be known as the Bank War was, by the standards of the abuse Jackson was to later heap on the Second Bank and its president, both restrained and focused on questions of civic utility. To that end he concluded the relatively brief section of his Address to Congress focused on the 2nd BUS by asking,   

If such an institution is deemed essential to the fiscal operations of the Government, I submit to the wisdom of the Legislature whether a national one, founded upon the credit of the Government and its revenues, might not be devised which would avoid all constitutional difficulties and at the same time secure all the advantages to the Government and country that were expected to result from the present bank.

Though he obviously disagreed, or at least found suspect, Marshall’s opinion of the legitimacy of a nationally-chartered central bank, Jackson made use of very similar language to the Chief Justice in describing said institution’s theoretical role. The measure of a national bank’s utility was determined by whether or not it was “essential to the fiscal operations of the Government.” Its purpose, or at least the only one worth mentioning, was to, “secure all the advantages to the Government and country,” that the people and their representatives required. Marshall may have been willing to argue that the charter incorporating the Second Bank of the United States was the property of its shareholders; an assertion Jackson doubtless would had expressed little sympathy for. That being said, neither man seemed willing to discuss the Bank in terms of the rights and privileges of those shareholders, but rather in regards to the services their corporation could provide to the general population.    

In spite of the generally indirect approach Jackson applied in calling into doubt the worth of the 2nd BUS in 1829 he did make at least one substantive attack on its performance. When he acknowledged the reservations many of his fellow citizens held regarding the Second Bank, Jackson admitted, as if in sympathy, “that [the bank] has failed in the great end of establishing an uniform and sound currency.” This was perhaps the most important function the central bank was supposed to provide. After the end of the Revolution no government in the United States, be they state or federal, issued paper currency on their own authority. Banks were thus the only source of bills of credit, for most people the only form of circulating currency they had access to. The further a paper currency travelled from its point of origin, however, the less likely it could be redeemed for its full value. A Bank of Pennsylvania dollar, for instance, might be worth its face value in Philadelphia or Pittsburgh, but in Atlanta or Knoxville would likely fetch only a fraction of its stated worth. Few state banks could consequently provide bills of credit whose value was stable across the whole of the United States, creating difficulties for trade and commerce and necessitating the frequent, cumbersome and at-times risky transportation of large quantities of specie. A central bank, however, with branches in every state whose capital was anchored by government deposits, and was also the sole purveyor of Treasury bonds and collector of tax revenues, could issue bills of credit whose value was consistent across every state in the Union. As far back as Alexander Hamilton’s 1791 proposal for the 1st BUS this had been viewed one of the chief benefits a central bank could supply to the fledgling United States. If Jackson’s claim had been apt, if the 2nd BUS had indeed failed to established a “uniform and sound currency,” it would indeed had called into question the need to perpetuate the institution and continue to reward such a fundamental failure.

Unfortunately, for Jackson I suppose, his claim had little basis in fact. Biddle had proven to be an exceedingly capable administrator, and in short order following his appointment as its president in 1822 had placed the 2nd BUS on sound financial footing. This he accomplished by carefully but steadily extending the Second Bank’s credit and allowing branch offices a certain amount of discretion in making loans to the most viable business elements in their respective regions. By 1829 the Second Bank of the United States had managed to shed most of the opprobrium it had earned during the Panic of 1819, and the bills of credit it emitted enjoyed wide circulation and widespread public confidence. The purpose of Jackson’s assertion to the contrary was thus likely intended as a signal of intention. Baseless as it was, and adamant as the rejections of it were from both houses of Congress, Jackson’s calling into doubt the viability of the Second Bank doubtless shook Biddle’s belief that his relationship with the new administration was going to be a smooth one. At the same time Jackson likely intended to signal both hard money agriculturalists (like himself, who distrusted paper currency altogether) and the state banking interests (who resented the control the 2nd BUS exerted over their lending policies) that he was sympathetic to their respective positions. In the immediate, however, little about the public relationship between the Jackson Administration and the 2nd BUS changed; no formal policy concerning the Second Bank emerged, and its accustomed relationship with the Treasury Department continued.

As per usual,

Andrew Jackson’s First State of the Union: http://en.wikisource.org/wiki/Andrew_Jackson%27s_First_State_of_the_Union_Address

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