I doubt a week has gone by since last summer during which I haven't seen some pundit or other trot out Walter Bagehot's dictum that in the event of a credit crunch, the central bank should lend freely at a penalty rate. More often than not, this is contrasted with the actions of the Federal Reserve, which seems to be lending freely at very low interest rates.
Ben Bernanke, in a speech today, addressed this criticism directly:
What are the terms at which the central bank should lend freely? Bagehot argues that "these loans should only be made at a very high rate of interest". Some modern commentators have rationalized Bagehot's dictum to lend at a high or "penalty" rate as a way to mitigate moral hazard--that is, to help maintain incentives for private-sector banks to provide for adequate liquidity in advance of any crisis. I will return to the issue of moral hazard later. But it is worth pointing out briefly that, in fact, the risk of moral hazard did not appear to be Bagehot's principal motivation for recommending a high rate; rather, he saw it as a tool to dissuade unnecessary borrowing and thus to help protect the Bank of England's own finite store of liquid assets. Today, potential limitations on the central bank's lending capacity are not nearly so pressing an issue as in Bagehot's time, when the central bank's ability to provide liquidity was far more tenuous.
I'm no expert on Walter Bagehot, and in fact I admit I've never read Lombard Street. But I'll trust in Bernanke as an economic historian on this one, unless and until someone else makes a persuasive case that Bagehot's penalty rate really was designed to punish the feckless rather than just to preserve the Bank of England's limited liquidity."
“Consequently, we believe that the public interest requires a modest imposition on the property rights of lenders – not depriving them of their collateral, but mandating how and when they can use and liquidate it during this emergency (we look to rent control and stabilization laws in various parts of the country for comparable examples of restrictions on the use of housing property that were not deemed unconstitutional).”
It seems to me that the only way you can argue this is if you believe that the taxpayers would have to bail out these lenders in some way. Otherwise, if helping these borrowers is a public good, why shouldn’t we all participate in it by spending money to do this, leaving the property rights intact. In other words, we’re putting an imposition on the lenders in lieu of making them whole, and thus rewarding them for poor investments. I hope that I’m being clear.
— Don the libertarian Democrat