Friday, April 24, 2015

Corporations in the Early United States, Part X: the War on the Bank, contd.

The message that accompanied Jackson’s veto of the Bank of the United States re-charter bill has since become regarded as one of the most significant expressions of the at-times complex and contradictory Jacksonian ideology. A virtual political manifesto, the message outlined Old Hickory’s belief in a strong executive as a guard against legislative overreach, the triumph of the “common people” over the moneyed elite, and the primacy of “democratic” institutions. As yet another – in not the the most definitive – expression of Jackson’s perspective on banking and corporations, his 1832 veto message is similarly worthy of study and reflection. Aside from the sections that concern themselves with the constitutionality of the 2nd BUS, an issue which Jackson argued had yet to be fully settled, it contains numerous passages that lend valuable insight into how the 7th President viewed the Second Bank in ideological, practical and moral terms.

More than any of his previous writings on the subject of the 2nd BUS, the veto message makes clear Jackson’s dislike for corporate banking, or indeed corporations generally. Whereas in his 2nd State of the Union Address Old Hickory had expressed tacit approval of state banking as a legitimate extension of state sovereignty, by 1832 he seemed to have become far less charitable. From the beginning of his message to Congress Jackson expressed his disdain for the level of privilege that was being extended to the directors and shareholders of the 2nd BUS by the terms of the re-charter bill. “The powers, privileges, and favors bestowed upon [the Bank] in the original charter,” Jackson wrote, “by increasing the value of the stock far above its par value, operated as a gratuity of many millions to the stockholders.” For this and the additional increase in stock value to result from the passage of the re-charter bill, which Jackson calculated as, “at least seven millions more,” the American people at large received little in the way of compensation. Indeed, these dividends, to be chiefly collected by, as Jackson described, “foreigners and […] some of our more opulent citizens,” came directly or indirectly, “out of the earnings of the American people.” There was truth enough in this claim; it was the economic activity, the borrowing, buying and selling, of American merchants, manufacturers and farmers that generated the wealth meant to incentivize the purchase of shares in the 2nd BUS and thereby expand its capital. While there is an argument to be made that the compensation the general public received in return for the perpetuation of an admittedly narrow monopoly was a stable economy and solid currency, it cannot be denied that the shareholders of the Second Bank were the most significant and most immediate beneficiaries of its existence.

Aside from the relative cost to the American people of perpetuating the privileges of the directors and stockholders of the 2nd BUS, Jackson seized on the distinctly un-republican partiality inherent in granting government sanction to private enterprise and the resultant stifling of competition as further negatives on the institution’s existence. Why, he asked, were the stockholders of the Bank entitled to continue to receive the preferential treatment they had already enjoyed for almost twenty years? What so significantly set them apart from any other group of Americans with the money and aptitude to form a corporation? If there was to be a national bank at all, “why should not Congress create and sell twenty-eight millions of stock, incorporating the purchasers with all the powers and privileges secured in this act and putting the premium upon sales into the Treasury?” As I remarked in weeks past, opinions in the early-19th-century United States as to the ideological underpinnings of corporations changed perhaps most significantly in the Jacksonian era. By 1832 it seemed Jackson had come to regard the 2nd BUS as detrimental to the nation’s social order because, to his thinking, it symbolized the government creation of a social and economic class that enjoyed privileges and was entitled to financial rewards that were beyond the reach of the majority of Americans. The fostering of competition was a potential remedy. Just as the states began to issue charters to more than one corporation in a given field, so Jackson argued that the federal government ought to have opened the process of creating a national bank to any and all that had the means to purchase stock. This would have potentially distributed ownership more widely than a simple renewal of the existing Bank at the same time it netted the government revenues far in excess of the fees the existing stockholders were to pay upon re-charter. Thus Jackson conceived of breaking up the monopoly enjoyed by the Bank as ideologically and morally, as well as financially, sound.

To the palpable disdain for the notion of government privilege Jackson conveyed in his 1832 veto message there was added a liberal serving of good-old-fashioned American nationalism. Sprinkled amidst his arguments against the constitutionality of the 2nd BUS and those in favor of protecting the traditional prerogatives of the states, Old Hickory time and again lamented the fact that such a large portion of the Second Bank’s shares were held by foreign nationals (“more than a forth” by his estimation). These non-citizen stockholders, Jackson believed, enjoyed a number of advantages over their domestic compatriots that made it appear as though the so-called Bank of the United States was in reality little more than a depository for the wealthy of Europe. Citizen shareholders, because they were also residents of various states, were capable of having their stock in the Second Bank taxed by the governments of those states. Because foreign shareholders and their property did not fall within the sovereignty of any such state their shares would thus remain untaxed and ultimately be of greater value. This would doubtless encourage foreign ownership of stock in the Second Bank, which would in turn perpetuate an even more significant dilemma.  
              
As aforementioned, the largest portions of the Second Bank’s shareholders were either foreigners, or else residents of Eastern states (New England, the Mid-Atlantic, the Upper South, etc…). Though residents of both Massachusetts and Alabama could theoretically avail themselves of the services the 2nd BUS offered without discrimination, the wealth that their financial activities generated for the Bank would come to rest to a greater degree in the former because it contained the greater number of shareholders. A Westerner who had little patience for the machinations of what he perceived as the “Eastern elite,” this would doubtless had been cause enough for Jackson to regard the 2nd BUS with distaste. Worse yet, however, European shareholders could collect dividends commensurate with their percentage of ownership on the same terms as their domestic compatriots. The more profit the Bank generated the more dividends were paid out. In this way, Jackson argued, the Second Bank actively facilitated the removal of wealth from the South and West to the East, and from thence to Europe. Because this wealth was in the form of hard currency its removal would result in a contraction of capital and the resultant economic shockwaves. This eventuality was of little utility to the American people and of great utility to foreign shareholders. Though I don’t suppose that Jackson was particularly in love with state banks either, being yet another form of government favoritism, they at least avoided this cash drain phenomenon by usually restricting ownership of shares to resident citizens only.

Another consequence of foreign ownership of 2nd BUS stock that Jackson complained of had to do with the election of Bank officers. The fact that the Second Bank’s foreign shareholders were not permitted to help elect the institution’s various officers, devised by Alexander Hamilton and usually considered a prudent measure to limit foreign influence, in fact constituted a serious fault. Because the percentage of foreign shareholders was fairly high, this regulation served to concentrate voting power in the hands of the domestic shareholders that remained. As shares could, at any time, be sold from a domestic shareholder to a foreign national, as indeed Jackson claimed many of the regulations governing the Bank encouraged, this group of privileged electors could be made to shrink over time. Conceivably, a relatively small number of particularly wealthy citizens, perhaps including some of the Bank directors themselves, could come into possession of enough shares though entirely legal means to constitute an effective oligarchy over the financial well-being of the United States. With this argument Jackson turned a regulation intended to preserve the Bank’s American character into a fundamental flaw. State banks could avoid this eventuality by again restricting the ownership of shares, and therefore voting power, to resident citizens. This would presumably help maintain a relatively large franchise and prevent the monopolization of control in the hands of an interested few.

These objections, rooted in nationalism and a fear of foreign influence and intrusion, also orbited around a central aversion on Jackson’s part to the way corporations like the 2nd BUS functioned. This aversion was no doubt particularly strong on Jackson’s part because the responsibilities with which the Bank had been vested allowed it both a high degree of autonomy from government control as well as significant power over aspects of the public sphere. Unlike Congress, the Treasury Department or the Navy, the Second Bank of the United States was, in its fundamental make-up, a private concern. Its shareholders were chiefly motivated by profit, ownership of stock was open to whoever could afford the cost, and decisions were made by an unelected (by the general public) president and board of directors. Where Hamilton, two generations earlier, had seen these aspects of the 1st BUS as necessary evils in the face of the federal government’s inability to fund many of its desired initiatives, Jackson argued in his veto message that, “there are no necessary evils in government. Its evils exist only in its abuses.” It would seem that to his thinking utility, while not unimportant, came second to ideological and moral integrity. Whatever advantages the 2nd BUS afforded the American government and people – Jackson was willing to admit it wasn't without its uses – its very nature violated too many basic republican principles and concentrated wealth in the hands of too few to be permitted to continue.

The last aspect of Jackson’s veto message that I’ll remark upon here is the way that attempted to reframe corporate banking as a chiefly private, rather than public, affair. As I recall I've attempted to explain, much of the discussion about corporations during the early decades of the United States of America’s existence treated them as a form of public utility. Banks or ferry companies or groups tasked with building and maintaining roads tended to be viewed by the state as providers of public services first and profit-seeking businesses second. The First Bank of the United States as Alexander Hamilton conceived it was a tool by which the newly-minted federal government could borrow money in order to fund certain of its initiatives at the same time that it stimulated economic growth. That its capital was backed by the wealth of stockholders whose chief personal aim was collecting healthy dividends was incidental; the wealth and privilege they enjoyed was a form of incentive meant to encourage their participation in a scheme whose long-term beneficiaries would be all Americans. This was not a perspective adopted by everyone in a position to observe how the Bank actually functioned. Republicans like Jefferson and Madison were highly critical of the government-granted privilege that was the basis of how corporations functioned and repeatedly questioned its constitutional legitimacy. Indeed, most of the debates that took place in the late-18th and early-19th centuries concerning the desirability or necessity of corporations in the United States related to issues or concepts like constitutionalism and strict constructionism, egalitarianism, and republicanism. Profits, dividends and the rights of corporate stockholders never seemed to be at the centre of these discussions, except inasmuch as they provided incentive for the private subsidization of public initiatives.

In a break with the presiding narrative, Jackson’s veto message brought to the forefront the private nature of corporations like the Second Bank of the United States and attempted to expose just how much of their existence was devoted to profit over public utility. To this end he argued that the circumstances of the 2nd BUS were calculated to provide maximum advantage to its stockholders at the same time it performed its various public duties. The 1st BUS, he wrote, had possessed a Congressionally-mandated capital of $11 million. With that capital it had managed to perform the various duties required of it as national bank, including paying down the national debt, with relative safety and efficiency. Considering that the national debt shrank from $75 million when the 1st BUS was chartered in 1791 to approximately $50 million when it became defunct in 1811, this would seem a fair claim. The 2nd BUS, by comparison, had a mandated capital of $35 million. What, asked Jackson, could be the purpose of increasing the value of the shares sold by the national bank by $24 million (particularly when $11 million had proven entirely sufficient) other than increasing the opportunities for speculation and bolstering the private gain of the shareholders themselves? Similarly, the charter of the 2nd BUS granted it the privilege of establishing branch offices in whatever locations it deemed useful. Because the Bank was governed by directors and a president who were shareholders themselves, they were doubtless motivated in exercising this permission to choose locations for said offices most conducive to increasing their profits. As the existence of the 2nd BUS was based in part on the widely-accepted (though not by Jackson) notion that said institution was “necessary and proper” to the exercise of the federal government’s various economic responsibilities, Jackson questioned the legitimacy of the Second Bank in turn exercising a privilege that was necessary and proper only to its own private financial designs. In either instance, Old Hickory seemed keen to assert, personal gain was masked by veiled admissions to public utility.

In what I considered perhaps the most interesting argument Jackson deployed in his critique of the Second Bank of the United States, particularly in light of how corporations have come to be regarded in the modern United States, the 7th President also claimed that seeking profit was a right possessed by all Americans. I’ll grant that this was not a point he felt the need to belabour – it occupied a single paragraph sandwiched between two much larger sections – but its significance should not be discounted. In fact, because it’s not a long passage I’ll excerpt it here in full:

Banking, like farming, manufacturing, or any other occupation or profession, is a business, the right to follow which is not originally derived from the laws. Every citizen and every company of citizens in all our States possessed the right until the State legislatures deemed it good policy to prohibit private banking by law. If the prohibitory State laws were now repealed, every citizen would again possess the right. The State banks are a qualified restoration of the right which had been taken away by the laws against banking, guarded by such provisions and limitations as in the opinion of the State legislatures the public interest requires.

This conception of the relationship between the people, corporations and government would appear to consist of nothing short of an inversion of almost all of the preceding discussion on that topic.

Banking, Jackson apparently believed, was not just a means to an end – a tool by which government exercised its sovereignty – but a means in itself. Every American had an innate right to undertake banking as a profession, profit being the ultimate goal, either as individuals or as a legally recognized group (such as a corporation). The relationship between government and corporate banks was thus not one of privilege but of regulation; government did not create banks that required private ambition and private wealth in order to perform public functions, but rather limited the ability of private wealth to be put to use in the form of a bank in accordance with considerations of public utility and safety. This arrangement placed greater focus on the various negative aspects of banking (and corporations in general) and greater responsibility on the part of government for protecting the public from those aspects. In keeping with the admittedly schizophrenic Jacksonian ideal of small government, this placed Congress or the state legislations in the role of mediator rather than leader and the American people as the prime engine of corporate growth. It was their money, their ambition, and the expression of their rights that created corporations, whose regulation was the responsibility of government.

I'm sorry if it seems like I'm overemphasizing my point, here. So often the study of history with a capital “H” is an attempt to understand people and places and ideas that feel absolutely foreign to our modern mindset. The rare occasion of being able to see, with some degree of clarity, how what was transformed into what is can often be a cause for some excitement. Jackson’s re-characterization of the role of the American corporation strikes me as absolutely fundamental to the way corporate entities are viewed in the modern United States, and thus potentially represents an incredibly important moment of transition in American social and political history.

While I don’t necessarily expect you to share my elation, which I admit is deeply strange, do please take the opportunity to read and see for yourself,

Jackson’s Veto Message: http://avalon.law.yale.edu/19th_century/ajveto01.asp

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