not be more than 90 percent of the market value of the bonds lodged and not more than 100 percent of their par value. In the event of a bank defaulting on its notes, the United States Treasury would sell the bonds and pay the notes itself. The Treasury also had a prior lien on the general assets of the failed bank for any claims that could not be met out of the proceeds of the bond sales, and, further, the shareholders were subject
to double liability. The banks must also keep a certain reserve proportion of their notes plus deposits in the form of legal tender currency, which in the years of their foundation meant of course greenbacks as well as specie. The primary motive for setting up this system was, of course, the creation of a large market for Government bonds, but it was contemplated from the beginning that the new National banks would in time replace the old State banks and much emphasis was placed on the benefits of a uniform currency. Provisions were made in the original Act for State banks to come into the scheme by conforming to the conditions of the Act, and, as they failed to come in voluntarily as fast as the Government had hoped, an Act was passed in 1865 to penalise those not entering the system by the imposition of a tax of 10 percent on their note issues. This was practically the death-blow to a great number of the State banks so far as they were dependent on note issue.
In the first years the notes of the National banks were not far short of being legal tender currency, since, although their acceptance between individuals was not compulsory, the Government was to receive them at par in all revenue collections except customs duties and to pay them at par for salaries, wages and debts, except for interest on the public debt and the redemption of greenbacks. Moreover, since lawful money in which notes were to be redeemable meant greenbacks as well as specie, there was an exceptionally large volume of reserve material available against which the National banks could expand their note issues. In spite of all this, by 1867 a large part of the National bank-notes were circulating at a discount against greenbacks and a number of the National banks had already failed in that year.
It seems that people at first placed undue faith in the security of the new notes and perhaps regarded them as not liable to over-issue. For this reason the notes tended to keep out in circulation longer without being sent in to the issuing
bank for redemption and there was thus lacking an effective check on the amount that any one bank could keep in circulation, until it was presently realised that it is a mistake to regard a security backing as good as specie.
The really substantial improvement that might have been effected through the National Banking Law was one that the authorities failed to realise, namely, the provision of facilities for a branch banking system. On the contrary the National banks were forbidden, except under special circumstances, to establish branches.
Some of the peculiarities of the bond deposit system as a means of regulating note issues have already been mentioned in connection with the free banking system of New York. We shall have occasion to refer again to these problems in a later chapter on the American experiences leading up to the Federal Reserve Act.