Page:A History of Banking in the United States.djvu/202

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180
A HISTORY OF BANKING.

by note or notes," such debtor may demand of the. Governor such a title as he would have obtained on full compliance with the original contract. In the Central Bank of Georgia vs. Little,[1] it was decided that a debt to this bank was not on general principles such a debt to the public as would have priority of payment from a decedent's estate, but the Legislature could give priority to debts to the bank and it had done so by the charter. As to the bank, the State had divested itself of its sovereign character. "Bills of credit * * * are such as are drawn or issued by the State upon the general credit thereof, without the appropriation of any specific fund for the payment or ultimate redemption of such bills."

It appears that the notes of the Darien Bank lying in the treasury[2] were amongst the assets which were delivered to the Central Bank. The contract with the Darien Bank that it should pay $75,000 every six months was re-affirmed, and the Central Bank was forbidden to demand more, December 22, 1829. A Legislative committee had reported, at the beginning of this session, in November, that the Darien Bank was sound again; that its notes were at par, having recovered from great depreciation; and that it had emitted new notes, which it was fully within its power to redeem. All the other banks were also reported to be in fine condition. A report was also made on the Bank of the State of Georgia, which dealt chiefly in complimentary commonplaces, as indeed all the other reports about banks at this session did; but the following passage occurred in it: "The Bank of the United States, wielding an immense capital, with powers more dangerous and imposing than ever were intended to be granted by the State, has and will, during its corporate existence, have a blighting influence on the State institutions, which will be felt as that influence is used by those who direct its operation and regulate its intercourse with the State institutions." This appears to show that the friction of 1820 had left an enduring inflammation behind.

A heavy fine was laid on the issue of notes under $1, November 25, 1830. All previous penalties which had been laid were remitted if the issuers would make tax returns and pay taxes on their capital.


In March, 1828, there were said to be excessive exports of specie. "Gold has disappeared." The banks were in distress, but dray-loads of specie were coming into Baltimore, or rather passing through, for three hundred thousand dollars' worth of it is said to have been sent on, and Niles reckoned up seven hundred and fifty thousand dollars, "which New York has gathered to herself within a few days, the whole of which is probably on its way to England."[3] He tried to connect all this with the tariff, especially as it affected wool, but he had recorded, just before, the fact that there was a loss on all the dollars brought from Valparaiso and that it would have

  1. 11 Georgia, 346. (1852).
  2. See page 179.
  3. 34 Niles, 35.