Friday, May 8, 2015

Corporations in the Early United States, Part XII: Taking Stock

Over the course of the next couple of posts, which I promise will be the last in this series, I’d like to wrap up my discussion of the venerable Andrew Jackson and his seemingly retrograde perception of corporations. As well, I plan to reflect on what I hope I've been able to communicate about the way corporations have been historically perceived by some of those commonly considered to be America’s founders. To that end I’ll be reviewing Jackson’s 6th, 7th, and 8th State of the Union Addresses (delivered between December, 1834 and December, 1836) and running down what were (along with his Farewell Address) Old Hickory’s final words on the Second Bank of the United States and corporate banking in general. Having effectively defeated the “Monster Bank,” by the end of 1833, Jackson was permitted over the course of the remaining years of his second term to bask in his victory at the same time he was forced to justify his actions. The results speak to his abiding suspicion of seemingly any form or banking (or indeed any kind of corporation), as well as his conflicting hard money bona fides and the political expediency of supporting state bank paper currency.

            Generally speaking, the criticisms aimed at the Second Bank and the justifications for its destruction that Jackson deployed in his State of the Union Addresses between 1834 and 1836 can be grouped into three thematic categories. The first constitutes a general support for state banking over national banking for a variety of practical and ideological reasons, not the least of which concerned long-term strategic thinking on the part of the Democratic Party. The second revolves around the essentially anti-republican character of the Second Bank of the United States, being an institution that was led by unelected shareholders and which put public money to private uses. The third theme common to Jackson’s latter Addresses to Congress is a distinct antipathy towards any form of corporation that mixed private and public attributes (such as the 2nd BUS). Many of the concepts contained within these themes were put to use by Jackson in prior instances, in his famous Veto Message or in earlier State of the Union Addresses, for instance. Nevertheless, I would argue that they were expressed more clearly and with less equivocation in Old Hickory’s writings after 1832 than those before.     

At various points in his 6th, 7th, and 8th State of the Union Address Jackson endorsed the use of state banks in place of the defeated 2nd BUS as anchors of the American economy. State banks, he argued, were fundamentally weaker institutions than the defeated 2nd BUS and operated within a far narrower scope. A state bank, for instance, was unlikely to attempt to influence a national election, as Nicholas Biddle had attempted in 1832 using the resources of the 2nd BUS, because it lacked a national charter. This was significant because, as Jackson explained in his 7th State of the Union, it meant that state banks were not themselves appendages of the federal government. While the Second Bank of the United States had become a political as well as economic force because of its connections to the Treasury Department and its direct relationships with certain members of Congress and the print media, state banks existed largely outside the federal sphere. A state bank could thus be trusted to hold federal funds because it was not beholden to federal officials for its existence – officials to whom it at times lent money. Theoretically, this eliminated potential conflicts of interest. As state banks lacked the financial resources possessed by the Second Bank, they were also far less capable of exerting pressure on the governments that created them in order to achieve a desired end. In an attempt to compel Congress into re-examining the prospect of a 2nd BUS re-charter, Biddle instigated a credit crunch and generated an accompanying financial panic between late-1833 and mid-1834. A state bank, or even a group of state banks, simply lacked the resources or scope to pose a similar threat to the American economy.

In addition to the practical limitations under which they operated, Jackson also endorsed stated banks on ideological grounds. He claimed, for instance, in his 6th State of the Union that federal patronage of state banks was preferable to the continued existence of the 2nd BUS because the former had been making significant progress in both promoting the use of specie (gold and silver coinage) over paper currency as well as gradually eliminating the use of small banknotes (denominations bellow $20). These efforts would, he argued, help place the United States on a stable financial footing while still promoting a degree of economic growth. He elaborated on this concept in his 7th State of the Union, wherein he claimed that the gradual diminishment of the “paper economy” via the state banks would, “do more to revive and perpetuate those habits of economy and simplicity which are so congenial to the character of republicans than all the legislation which has yet been attempted.” Because gold and silver were naturally in limited supply their widespread use would discourage the kind of rampant financial speculation, reckless borrowing, and the overprinting of paper currency that was one of the main causes of the Panic of 1819. Eliminating paper denominations below $20 would likewise discourage the use of bills of credit (whose value was subject to sudden fluctuations) in everyday transactions and thereby lessen the ability of banks to exert control over the American economy for their own purposes (since the value of precious metals was determined on the global market).

Jackson’s 8th State of the Union pushed this argument further still and gave it a patriotic tinge by claiming that precious metals were the form of currency intended by the Framers. Though they had not stated as such in the text itself, he intuited from, “the whole context of the Constitution, as well as the history of the times which gave birth to it,” that metallic currency was the intended medium of exchange of the United States of America. This fact, he went on to argue, was intended to exclude more “mutable medium[s] of exchange,” such as the, “pernicious expedient of a paper currency.” Thus, between his 6th, 7th and 8th State of the Union Address Jackson managed to link together a preference for hard money and the dependability of state banks with a patriotic attachment to republican government and the Constitution; a potent combination under any circumstances.

Of interest concerning these claims is the fact that the policies being promoted by state banks in the 1830s actually tended to favor paper currency over specie. While Jackson claimed that it was the state banks’ support of hard currency over bills of credit that made them a better means of encouraging economic stability than the 2nd BUS, state banks in fact made extensive use of the government deposits he provided them to churn out reams of paper bills in the years after 1832. This overextension of credit, combined with policies put forward by the Jackson Administration aimed at encouraging the use of hard currency, was one of the major causes of the subsequent Panic of 1837. To his credit, Old Hickory did not appear to be unaware that the state banks that benefited from his endorsement were guilty of significant indiscretions themselves. In his 8th State of the Union he acknowledged the affinity some state banks demonstrated for paper bills at the same time he argued that they were only following the example put forward by the 2nd BUS and the proliferation of paper currency it had fostered during its existence. While this would not appear to be a particularly nuanced perspective it at least demonstrates that Jackson was aware that state banks were not immune from some of the ills he found so distasteful in a national bank. The apparent contradiction that this seems to indicate – of a president encouraging state banking and hard currency while those same institutions were churning out large quantities of paper bills – was a consequence of the divided loyalties Old Hickory was forced to court within the Democratic Party. Though a hard-money advocate himself, and hardly alone in that, there was a sizeable contingent of Democrats whose occupations (farming, operating small businesses, manufacturing, etc…) required access to ready sources of capital. This meant paper currency, and while Jackson was opposed to the concept in principle he had little choice but to offer tacit support to the continued printing of bills of credit by state banks in order to prevent the political coalition he and his allies had assembled in the 1830s from flying apart.

In addition to opposing the existence of the Second Bank of the United States because the institution was too powerful, too influential, and too effectively encouraged the use of paper bills over hard currency, Jackson also argued in his 7th State of the Union that the 2nd BUS represented a fundamental threat to the republican form of government. Specifically he stated that the Bank was, “one of the fruits of a system at war with the genius of all our institutions,” whose, “Lavish public disbursements and corporations with exclusive privileges would be its substitutes for the original and as yet sound checks and balances of the Constitution.” In this case it’s worth noting that Jackson identified corporations in general, not just national banks or private banks or state banks, as the tools of a supposedly destructive political principle. In particular it was the “public disbursements,” and, “exclusive privileges” that Jackson believed represented the threat; the ability of chartered entities like banks to wield large sums of money and make use of certain opportunities not afforded to the average American. In this sense state banks, though Jackson lavished his fair share of praise upon them, were in the same category as the 2nd BUS. A bank chartered by the state of Delaware was a corporation that was both public and private, had shareholders, could deploy large sums of money, and enjoyed rights not possessed by any individual citizen. Preferable though such an institution might have been to a national bank in Jackson’s mind, the definition deployed in his 7th State of the Union would seem to indicate a lingering antipathy. Indeed, on some level Jackson might have considered any and all banks as representing a distinct threat to the American government as it existed under the Constitution.

Or perhaps it was more specific than that. Jackson’s 6th State of the Union Address, delivered to Congress in December, 1834, indicated that though he wasn’t particularly enamoured of corporations in general he considered public (or mixed public/private) corporations as being particularly objectionable. It was his estimation that by giving government a stake in the financial well-being of a profit-making enterprise, such as the Second Bank of the United States, a public corporation served only to generate opportunities for corruption and abuse. Legislators whose responsibility it was to scrutinize and hold to account the practices of a national bank would find few practical impediments to delivering favorable reports in exchange for generous personal loans. Meanwhile the government deposits in possession of said bank could be turned to purposes ultimately harmful to the public good because, in its private aspect, a national bank was entitled to make use of its resources as it saw fit. Of these particular sins the 2nd BUS was indeed guilty. Under Biddle’s leadership the institution had offered highly favorable loans to members of Congress and prominent editors in response to their continued public support. When the subsequent re-charter effort was underway in 1832, Biddle has also deployed Second Bank resources in an ill-fated campaign to turn the tide in the institution’s favor. Because a sizeable percentage of the capital held by the 2nd BUS belonged to the United States government, Jackson regarded these efforts as a fundamental violation of the public trust.

He reiterated much the same in his 8th State of the Union, delivered to Congress in December, 1836. In it, Jackson argued quite plainly that allowing public funds, which “belonged to the people,” to be deposited in private banks for the purpose of, “producing a spirit of wild speculation,” was fundamentally unjust. Though this jab was doubtless aimed at the departed Second Bank, whose charter had by then expired, it was as true of the state banks selected by Secretary Taney to receive federal deposits. In either case money collected via taxes or tariffs and intended to generate tangible benefits for the American people, like paying down the national debt or funding a national defence, was instead manipulated in order to multiply the wealth of the already wealthy. Greater regulation of the Second Bank’s credit, stronger federal oversight, or an overall reduction of its capital might have alleviated this particular ill, but none of these measures would have addressed what Jackson considered to be the fundamentally corrupt nature of the Second Bank of the United States.  As he argued in his 8th State of the Union the shareholders of the 2nd BUS, some of whom were members of Congress, had effectively attempted to increase the stock value (and their own wealth) by voting in favor of a re-charter. This Jackson regarded as proof enough of the corruption the institution fostered; rather than utilize private wealth to fulfill pubic functions, held as the traditional purpose of a corporation, the 2nd BUS was making use of public funds to generate private profit.

The solution, as near as Old Hickory could figure it, was to cease the creation of corporations that mixed private wealth with public responsibility. Though it ultimately became unnecessary once its charter expired in 1836, Jackson recommended in his 6th State of the Union that the 2nd BUS should have been further untethered from the federal government and, “be left hereafter to its own resources and means.” This would have left the Second Bank a wholly private corporation which, though in need or some degree of government regulation, possessed its own resources and elected its own directors. Because its capital would not have any longer been backed by public funds its activities, lest they become destructive, would have been its own concern. This squared with Jackson’s previously expressed belief (from his 2nd BUS re-charter veto message) that banking, like farming or manufacturing, stemmed from the inherent right of every American to make a living. The purpose of government, to his thinking, was not the creation of corporations that effectively amplified the wealth and privilege of the few, as he argued of the 2nd BUS, but rather the regulation of the corporations that people created for their own personal benefit in order to ensure the overall public good.

This disdain for public corporations and their allegedly abusive combination of privilege and wealth apparently applied to Old Hickory’s outlook on state banking as well. Though, once again, Jackson spent a significant amount of his latter State of the Union Addresses identifying state banks as central to the economic salvation of the United States following the demise of the 2nd BUS, his final address to Congress in December, 1836 contained a significant caution as well. In it, he wrote that, 

The lessons taught by the Bank of the United States can not well be lost upon the American people. They will take care never again to place so tremendous a power in irresponsible hands, and it will be fortunate if they seriously consider the consequences which are likely to result on a smaller scale from the facility with which corporate powers are granted by their State government.

It should come as no surprise that Jackson wished to take the opportunity presented by one of his final public statements as president (the election of the previous month having already decided his successor) to reinforce what had become one of the central themes of his term in office. This was, in short, that the Second Bank of the United States had been too powerful, and that said power had been placed in fundamentally, “irresponsible hands.” Less expected, to my thinking, is the caution that followed. Evidently it was Old Hickory’s estimation that the “corporate powers” granted to the various state banks then in operation – including those holding government deposits – were equally capable of being abused as those he pointed to during his successful battle with the 2nd BUS. Necessary though it might have been in 1836 for the Democratic Party to hold together its hard and soft money wings, it speaks to the strength of Jackson’s antipathy that he still took the opportunity – indeed one of the last he would be presented with – to warn his countrymen from investing too much trust or too much power in any species of corporate entity.

            And so,

            Jackson’s 6th State of the Union Address: http://en.wikisource.org/wiki/Andrew_Jackson%27s_Sixth_State_of_the_Union_Address

            Jackson’s 7th State of the Union Address: http://en.wikisource.org/wiki/Andrew_Jackson%27s_Seventh_State_of_the_Union_Address

    Jackson’s 8th State of the Union Address: http://en.wikisource.org/wiki/Andrew_Jackson%27s_Eighth_State_of_the_Union_Address

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