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Rufus Folorunso Akinyooye - St Clements University

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Money was in gold or silver coin according to Article 1, Section 10 of the United <strong>St</strong>ates<br />

constitution. Under the U. S. <strong>St</strong>atute Code the terms “lawful money” is to be construed<br />

as gold or silver coin of the United <strong>St</strong>ates.<br />

The United <strong>St</strong>ates Coinage Act of 1792 provides in Section 11<br />

that the “proportional value of gold to silver in all coins which shall by law be current as<br />

money within the United <strong>St</strong>ates”. In effect up till today in the United <strong>St</strong>ates constitution<br />

gold and silver coins are the legitimate money of that country (McCarthy 2004). As<br />

individuals took possession of these coins through commerce however they deposited<br />

them in banks that gave them their notes promising to redeem the note for the value of<br />

gold or silver deposited. The banks however could and they did go a little further by<br />

issuing these same notes representing loans to individuals that came to them asking for<br />

funds. Problem would come when news, true or false circulates that the bank was<br />

having problem redeeming its notes. Holders of notes of the bank would rush to it (a<br />

run) and demand redemption and with all the specie on deposit gone, a bank would<br />

have to close its doors for good.<br />

Central banking came slowly to the United <strong>St</strong>ates as Congress<br />

chartered the first Bank of the United <strong>St</strong>ates in 1791 to engage in general commercial<br />

banking and act as the fiscal agent of the U. S. government. Its charter was not renewed<br />

in 1811. A similar fate befell the Second Bank of the United <strong>St</strong>ates chartered in 1816 and<br />

closed in 1836. In 1838 the <strong>St</strong>ate of New York adopted the Free Banking Act, which<br />

permitted anyone to engage in banking, upon compliance with certain charter<br />

conditions. Free banking spread rapidly to other states, and from 1840 – 1863 all<br />

banking business was done by <strong>St</strong>ate – chartered institutions. In many Western <strong>St</strong>ates<br />

according to the Encyclopedias it degenerated into “wildcat” banking because of the<br />

laxity and abuse of state laws. Bank notes were issued against little or no security, and<br />

credit was over expanded; depressions brought waves of bank failures especially the<br />

multiplicity of <strong>St</strong>ate bank notes, which caused great confusion and loss. The congress of<br />

the United <strong>St</strong>ates had to pass the National Bank Act of 1863, which provided for a<br />

system of banks to be chartered by the United <strong>St</strong>ates government.

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