CHAPTER IV

THE ONRUSH OF THE VANDERBILT FORTUNE

With the outbreak of the Civil War, and the scouring of the seas by

privateers, American ship owners found themselves with an assortment

of superfluous vessels on their hands. Forced to withdraw from marine

commerce, they looked about for two openings. One was how to dispose

of their vessels, the other the seeking of a new and safe method of

making millions.

Most of their vessels were of such scandalous construction that

foreign capitalists would not buy them at any price. Hastily built in

the brief period of ninety days, wholly with a view to immediate

profit and with but a perfunctory regard for efficiency, many of

these steamers were in a dangerous condition. That they survived

voyages was perhaps due more to luck than anything else; year after

year, vessel after vessel similarly built and owned had gone down to

the bottom of the ocean. Collins had lost many of his ships; so had

other steamship companies. The chronicles of sea travel were a long,

grewsome succession of tragedies; every little while accounts would

come in of ships sunk or mysteriously missing. Thousands of

immigrants, inhumanly crowded in the enclosures of the steerage, were

swept to death without even a fighting chance for life. Cabin

passengers fared better; they were given the opportunity of taking to

the life-boats in cases where there was sufficient warning, time and

room. At best, sea travel is a hazard; the finest of ships are liable

to meet with disaster. But over much of this sacrifice of life hung

grim, ugly charges of mismanagement and corruption, of insufficient

crews and incompetent officers; of defective machinery and rotting

timber; of lack of proper inspection and safeguards.

THE ANSWER FOUND.

The steamboat and steamship owners were not long lost in perplexity.

Since they could no longer use their ships or make profit on ocean

routes why not palm off their vessels upon the Government? A highly

favorable time it was; the Government, under the imperative necessity

of at once raising and transporting a huge army, needed vessels

badly. As for the other question momentarily agitating the

capitalists as to what new line of activity they could substitute for

their own extinguished business, Vanderbilt soon showed how railroads

could be made to yield a far greater fortune than commerce.

The titanic conflict opening between the North and the South found

the Federal Government wholly unprepared. True, in granting the mail

subsidies which established the ocean steamship companies, and which

actually furnished the capital for many of them, Congress had

inserted some fine provisions that these subsidized ships should be

so built as to be "war steamers of the first class," available in

time of war. But these provisions were mere vapor. Just as the Harris

and the Sloo lines had obtained annual mail subsidy payments of

$900,000 and had caused Government officials to accept their inferior

vessels, so the Collins line had done the same. The report of a board

of naval experts submitted to the Committee of Ways and Means of the

House of Representatives had showed that the Collins steamers had not

been built according to contract; that they would crumble to pieces

under the fire of their own batteries, and that a single hostile gun

would blow them to splinters. Yet they had been accepted by the Navy

Department.

In times of peace the commercial interests had practiced the grossest

frauds in corruptly imposing upon the Government every form of shoddy

supplies. These were the same interests so vociferously proclaiming

their intense patriotism. The Civil War put their pretensions of

patriotism to the test. If ever a war took place in which Government

and people had to strain every nerve and resource to carry on a great

conflict it was the Civil War. The result of that war was only to

exchange chattel slavery for the more extensive system of economic

slavery. But the people of that time did not see this clearly. The

Northern soldiers thought they were fighting for the noblest of all

causes, and the mass of the people behind them were ready to make

every sacrifice to win a momentous struggle, the direct issue of

which was the overthrow or retention of black slavery.

How did the capitalist class act toward the Government, or rather, let

us say, toward the army and the navy so heroically pouring out their

blood in battles, and hazarding life in camps, hospitals, stockades

and military prisons?

INDISCRIMINATE PLUNDERING DURING THE CIVIL WAR.

The capitalists abundantly proved their devout patriotism by making

tremendous fortunes from the necessities of that great crisis. They

unloaded upon the Government at ten times the cost of manufacture

quantities of munitions of war--munitions so frequently worthless

that they often had to be thrown away after their purchase.

[Footnote: In a speech on February 28, 1863, on the urgency of

establishing additional government armories and founderies,

Representative J. W. Wallace pointed out in the House of

Representatives: "The arms, ordnance and munitions of war bought by

the Government from private contractors and foreign armories since

the commencement of the rebellion have doubtless cost, over and above

the positive expense of their manufacture, ten times as much as would

establish and put into operation the armory and founderies

recommended in the resolution of the committee. I understand that the

Government, from the necessity of procuring a sufficient quantity of

arms, has been paying, on the average, about twenty-two dollars per

musket, when they could have been and could be manufactured in our

national workshops for one-half that money."--Appendix to The

Congressional Globe, Thirty-seventh Congress, Third Session, 1862-63.

Part ii: 136. Fuller details are given in subsequent chapters. ] They

supplied shoddy uniforms and blankets and wretched shoes; food of so

deleterious a quality that it was a fertile cause of epidemics of

fevers and of numberless deaths; they impressed, by force of

corruption, worn-out, disintegrating hulks into service as army and

naval transports. Not a single possibility of profit was there in

which the most glaring frauds were not committed. By a series of

disingenuous measures the banks plundered the Treasury and people and

caused their banknotes to be exempt from taxation. The merchants

defrauded the Government out of millions of dollars by bribing Custom

House officers to connive at undervaluations of imports. [Footnote:

In his report for 1862 Salmon P. Chase, Secretary of the Treasury,

wrote: "That invoices representing fraudulent valuation of

merchandise are daily presented at the Custom Houses is well

known...."] The Custom House frauds were so notorious that, goaded on

by public opinion, the House of Representatives was forced to appoint

an investigating committee. The chairman of this committee,

Representative C. H. Van Wyck, of New York, after summarizing the

testimony in a speech in the House on February 23, 1863, passionately

exclaimed: "The starving, penniless man who steals a loaf of bread to

save life you incarcerate in a dungeon; but the army of magnificent

highwaymen who steal by tens of thousands from the people, go

unwhipped of justice and are suffered to enjoy the fruits of their

crimes. It has been so with former administrations: unfortunately it

is so with this." [Footnote: Appendix to the Congressional Globe,

Thirty-seventh Congress, Third Session, 1862-63. Part ii: 118.]

The Federal armies not only had to fight an open foe in a desperately

contested war, but they were at the same time the helpless targets

for the profit-mongers of their own section who insidiously slew

great numbers of them--not, it is true, out of deliberate lust for

murder, but because the craze for profits crushed every instinct of

honor and humanity, and rendered them callous to the appalling

consequences. The battlefields were not more deadly than the supplies

furnished by capitalist contractors. [Footnote: This is one of many

examples: Philip S. Justice, a gun manufacturer of Philadelphia,

obtained a contract in 1861, to supply 4,000 rifles. He charged $20

apiece. The rifles were found to be so absolutely dangerous to the

soldiers using them, that the Government declined to pay his demanded

price for a part of them. Justice then brought suit. (See Court of

Claims Reports, viii: 37-54.) In the court records, these statements

are included:

William H. Harris, Second Lieutenant of Ordnance, under orders

visited Camp Hamilton, Va., and inspected the arms of the Fifty-

Eighth Regiment, Pennsylvania Volunteers, stationed there. He

reported: "This regiment is armed with rifle muskets, marked on the

barrel, 'P. S. Justice, Philadelphia,' and vary in calibre from .65

to .70. I find many of them unserviceable and irreparable, from the

fact that the principal parts are defective. Many of them are made up

of parts of muskets to which the stamp of condemnation has been

affixed by an inspecting officer. None of the stocks have ever been

approved by an officer, nor do they bear the initials of any

inspector. They are made up of soft, unseasoned wood, and are

defective in construction. ... The sights are merely soldered on to

the barrel, and come off with the gentlest handling. Imitative screw-

heads are cut on their bases. The bayonets are made up of soft iron,

and, of course, when once bent remain 'set,'" etc., etc. (p. 43).

Col. (later General) Thomas D. Doubleday reported of his inspection:

"The arms which were manufactured at Philadelphia, Penn., are of the

most worthless kind, and have every appearance of having been

manufactured from old condemned muskets. Many of them burst; hammers

break off; sights fall off when discharged; the barrels are very

light, not one-twentieth of an inch thick, and the stocks are made of

green wood which have shrunk so as to leave the bands and trimmings

loose. The bayonets are of such frail texture that they bend like

lead, and many of them break off when going through the bayonet

exercise. You could hardly conceive of such a worthless lot of arms,

totally unfit for service, and dangerous to those using them" (p.

44).

Assistant Inspector-General of Ordnance John Buford reported: "Many

had burst; many cones were blown out; many locks were defective; many

barrels were rough inside from imperfect boring; and many had

different diameters of bore in the same barrel. ... _At target

practice so many burst that the men became afraid to fire them_"

(p. 45).

The Court of Claims, on strict technical grounds, decided in favor of

Justice, but the Supreme Court of the United States reversed that

decision and dismissed the case. The Supreme Court found true the

Government's contention that "the arms were unserviceable and unsafe

for troops to handle."

Many other such specific examples are given in subsequent chapters of

this work.] These capitalists passed, and were hailed, as eminent

merchants, manufacturers and bankers; they were mighty in the marts

and in politics; and their praise as "enterprising" and "self-made"

and "patriotic" men was lavishly diffused.

It was the period of periods when there was a kind of adoration of

the capitalist taught in press, college and pulpit. Nothing is so

effective, as was remarked of old, to divert attention from

scoundrelism as to make a brilliant show of patriotism. In the very

act of looting Government and people and devastating the army and

navy, the capitalists did the most ghastly business under the mask of

the purest patriotism. Incredible as it may seem, this pretension was

invoked and has been successfully maintained to this very day. You

can scarcely pick up a volume on the Civil War, or a biography of the

statesmen or rich men of the era, without wading in fulsome accounts

of the untiring patriotism of the capitalists.

PATRIOTISM AT A SAFE DISTANCE.

But, while lustily indulging in patriotic palaver, the propertied

classes took excellent care that their own bodies should not be

imperilled. Inspired by enthusiasm or principle, a great array of the

working class, including the farming and the professional elements,

volunteered for military service. It was not long before they

experienced the disappointment and demoralization of camp life. The

letters written by many of these soldiers show that they did not

falter at active campaigning. The prospect, however, of remaining in

camp with insufficient rations, and (to use a modern expressive word)

graft on every hand, completely disheartened and disgusted many of

them. Many having influence with members of Congress, contrived to

get discharges; others lacking this influence deserted. To fill the

constantly diminishing ranks caused by deaths, resignations and

desertions, it became necessary to pass a conscription act.

With few exceptions, the propertied classes of the North loved

comfort and power too well to look tranquilly upon any move to force

them to enlist. Once more, the Government revealed that it was but a

register of the interests of the ruling classes. The Draft Act was so

amended that it allowed men of property to escape being conscripted

into the army by permitting them to buy substitutes. The poor man who

could not raise the necessary amount had to submit to the

consequences of the draft. With a few of the many dollars wrung,

filched or plundered in some way or other, the capitalists could

purchase immunity from military service.

As one of the foremost capitalists of the time, Cornelius Vanderbilt

has been constantly exhibited as a great and shining patriot.

Precisely in the same way as Croffut makes no mention of Vanderbilt's

share in the mail subsidy frauds, but, on the contrary, ascribes to

Vanderbilt the most splendid patriotism in his mail carrying

operations, so do Croffut and other writers unctuously dilate upon

the old magnate's patriotic services during the Civil War. Such is

the sort of romancing that has long gone unquestioned, although the

genuine facts have been within reach. These facts show that

Vanderbilt was continuing during the Civil War the prodigious frauds

he had long been carrying on.

When Lincoln's administration decided in 1862 to send a large

military and naval force to New Orleans under General Banks, one of

the first considerations was to get in haste the required number of

ships to be used as transports. To whom did the Government turn in

this exigency? To the very merchant class which, since the foundation

of the United States, had continuously defrauded the public treasury.

The owners of the ships had been eagerly awaiting a chance to sell or

lease them to the Government at exorbitant prices. And to whom was

the business of buying, equipping and supervising them intrusted? To

none other than Cornelius Vanderbilt.

Every public man had opportunities for knowing that Vanderbilt had

pocketed millions of dollars in his fraudulent hold-up arrangement

with various mail subsidy lines. He was known to be mercenary and

unscrupulous. Yet he was selected by Secretary of War Stanton to act

as the agent for the Government. At this time Vanderbilt was posing

as a glorious patriot. With much ostentation he had loaned to the

Government for naval purposes one of his ships--a ship that he could

not put to use himself and which, in fact, had been built with stolen

public funds. By this gift he had cheaply attained the reputation of

being a fervent patriot. Subsequently, it may be added, Congress

turned a trick on him by assuming that he gave this ship to the

Government, and, to his great astonishment, kept the ship and

solemnly thanked him for the present.

VANDERBILT'S METHODS IN WAR.

The outfitting of the Banks expedition was of such a rank character

that it provoked a grave public scandal. If the matter had been

simply one of swindling the United States Treasury out of millions of

dollars, it might have been passed over by Congress. On all sides

gigantic frauds were being committed by the capitalists. But in this

particular case the protests of the thousands of soldiers on board

the transports were too numerous and effective to be silenced or

ignored. These soldiers were not regulars without influence or

connections; they were volunteers who everywhere had relatives and

friends to demand an inquiry. Their complaints of overcrowding and of

insecure, broken-down ships poured in, and aroused the whole country.

A great stir resulted. Congress appointed an investigating committee.

The testimony was extremely illuminative. It showed that in buying

the vessels Vanderbilt had employed one T. J. Southard to act as his

handy man. Vanderbilt, it was testified by numerous ship owners,

refused to charter any vessels unless the business were transacted

through Southard, who demanded a share of the purchase money before

he would consent to do business. Any ship owner who wanted to get rid

of a superannuated steamer or sailing vessel found no difficulty if

he acceded to Southard's terms.

The vessels accepted by Vanderbilt, and contracted to be paid for at

high prices, were in shockingly bad condition. Vanderbilt was one of

the few men in the secret of the destination of Banks' expedition; he

knew that the ships had to make an ocean trip. Yet he bought for

$10,000 the Niagara, an old boat that had been built nearly a score

of years before for trade on Lake Ontario. "In perfectly smooth

weather," reported Senator Grimes, of Iowa, "with a calm sea, the

planks were ripped out of her, and exhibited to the gaze of the

indignant soldiers on board, showing that her timbers were rotten.

The committee have in their committee room a large sample of one of

the beams of this vessel to show that it has not the slightest

capacity to hold a nail." [Footnote: The Congressional Globe, Thirty-

seventh Congress, Third Session, 1862-63, Part 1: 610.] Senator

Grimes continued:

If Senators will refer to page 18 of this report, they will see that

for the steamer Eastern Queen he (Vanderbilt) paid $900 a day for the

first thirty days, and $800 for the residue of the days; while she

(the Eastern Queen) had been chartered by the Government, for the

Burnside expedition at $500 a day, making a difference of three or

four hundred dollars a day. He paid for the Quinebang $250 a day,

while she had been chartered to the Government at one time for $130 a

day. For the Shetucket he paid $250 a day, while she had formerly

been in our employ for $150 a day. He paid for the Charles Osgood

$250 a day, while we had chartered her for $150. He paid $250 a day

for the James S. Green, while we had once had a charter of her for

$200. He paid $450 a day for the Salvor, while she had been chartered

to the Government for $300. He paid $250 a day for the Albany, while

she had been chartered to the Government for $150. He paid $250 a day

for the Jersey Blue, while she had been chartered to the Government

for $150. [Footnote: The Congressional Globe, etc., 1862-63, Part

i:610.]

There were a few of the many vessels chartered by Vanderbilt through

Southard for the Government. For vessels bought outright, extravagant

sums were paid. Ambrose Snow, a well-known shipping merchant,

testified that "when we got to Commodore Vanderbilt we were referred

to Mr. Southard; when we went to Mr. Southard, we were told that we

should have to pay him a commission of five per cent." [Footnote:

Ibid. See also Senate Report No. 84, 1863, embracing the full

testimony.]

Other shipping merchants corroborated this testimony. The methods and

extent of these great frauds were clear. If the ship owners agreed to

pay Southard five--and very often he exacted ten per cent. [Footnote:

Senator Hale asserted that he had heard of the exacting of a

brokerage equal to ten per cent, in Boston and elsewhere.]--

Vanderbilt would agree to pay them enormous sums. In giving his

testimony Vanderbilt sought to show that he was actuated by the most

patriotic motives. But it was obvious that he was in collusion with

Southard, and received the greater part of the plunder.

HORRORS DONE FOR PROFIT.

On some of the vessels chartered by Vanderbilt, vessels that under

the immigration act would not have been allowed to carry more than

three hundred passengers, not less than nine hundred and fifty

soldiers were packed. Most of the vessels were antiquated and

inadequate; not a few were badly decayed. With a little superficial

patching up they were imposed upon the Government. Despite his

knowing that only vessels adapted for ocean service were needed,

Vanderbilt chartered craft that had hitherto been almost entirely

used in navigating inland waters. Not a single precaution was taken

by him or his associates to safeguard the lives of the soldiers.

It was a rule amoung commercial men that at least two men capable of

navigating should be aboard, especially at sea. Yet, with the lives

of thousands of soldiers at stake, and with old and bad vessels in

use at that, Vanderbilt, in more than one instance, as the testimony

showed, neglected to hire more than one navigator, and failed to

provide instruments and charts. In stating these facts Senator Grimes

said: "When the question was asked of Commodore Vanderbilt and of

other gentlemen in connection with the expedition, why this was, and

why they did not take navigators and instruments and charts on board,

the answer was that the insurance companies and owners of the vessel

took that risk, as though"--Senator Grimes bitingly continued--"the

Government had no risk in the lives of its valiant men whom it has

enlisted under its banner and set out in an expedition of this kind."

[Footnote: The Congressional Globe, Thirty-seventh Congress, Third

Session, 1862-63, Part i: 586.] If the expedition had encountered a

severe storm at Cape Hatteras, for instance, it is probable that most

of the vessels would have been wrecked. Luckily the voyage was fair.

FRAUDS REMAIN UNPUNISHED.

Did the Government make any move to arrest, indict and imprison

Vanderbilt and his tools? None. The farcical ending of these

revelations was the introduction in the United States Senate of a

mere resolution censuring them as "guilty of negligence."

Vanderbilt immediately got busy pulling wires; and when the

resolution came up for vote, a number of Senators, led by Senator

Hale, sprang up to withdraw Vanderbilt's name. Senator Grimes

thereupon caustically denounced Vanderbilt. "The whole transaction,"

said he, "shows a chapter of fraud from beginning to end." He went

on: "Men making the most open professions of loyalty and of

patriotism and of perfect disinterestedness, coming before the

committee and swearing that they acted from such motives solely, were

compelled to admit--at least one or two were--that in some instances

they received as high as six and a quarter per cent ... and I believe

that since then the committee are satisfied in their own mind that

the per cent. was greater than was in testimony before them." Senator

Grimes added that he did not believe that Vanderbilt's name should be

stricken from the resolution.

In vain, however, did Senator Grimes plead. Vanderbilt's name was

expunged, and Southard was made the chief scapegoat. Although

Vanderbilt had been tenderly dealt with in the investigation, his

criminality was conclusively established. The affair deeply shocked

the nation. After all, it was only another of many tragic events

demonstrating both the utter inefficiency of capitalist management,

and the consistent capitalist program of subordinating every

consideration of human life to the mania for profits. Vanderbilt was

only a type of his class; although he was found out he deserved

condemnation no more than thousands of other capitalists, great and

small, whose methods at bottom did not vary from his. [Footnote: One

of the grossest and most prevalent forms of fraud was that of selling

doctored-up horses to the Union army. Important cavalry movements

were often delayed and jeoparded by this kind of fraud. In passing

upon the suit of one of these horse contractors against the

Government (Daniel Wormser vs. United States) for payment for horses

supplied, in 1864, for cavalry use, the Supreme Court of the United

States confirmed the charge made by the Government horse inspectors

that the plaintiff had been guilty of fraud, and dismissed the case.

"The Government," said Justice Bradley in the court's decision,

"clearly had the right to proscribe regulations for the inspection of

horses, and there was great need for strictness in this regard, for

frauds were constantly perpetrated. . . . It is well known that

horses may be prepared and fixed up to appear bright and smart for a

few hours."--Court of Claims Reports, vii: 257-262.]

Yet such was the network of shams and falsities with which the

supreme class of the time enmeshed society, that press, pulpit,

university and the so-called statesmen insisted that the wealth of

the rich man had its foundation in ability, and that this ability was

indispensable in providing for the material wants of mankind.

Whatever obscurity may cloud many of Vanderbilt's methods in the

steamship business, his methods in possessing himself of railroads

are easily ascertained from official archives.

Late in 1862, at about the time when he had added to the millions

that he had virtually stolen in the mail subsidy frauds, the huge

profits from his manipulation of the Banks expedition, he set about

buying the stock of the New York and Harlem Railroad.

THE STORY OF A FRANCHISE.

This railroad, the first to enter New York City, had received from

the New York Common Council in 1832 a franchise for the exclusive use

of Fourth avenue, north of Twenty-third street--a franchise which, it

was openly charged, was obtained by distributing bribes in the form

of stock among the aldermen. [Footnote: "The History of Tammany

Hall": 117.]

The franchise was not construed by the city to be perpetual; certain

reservations were embodied giving the city powers of revocation. But

as we shall see, Vanderbilt not only corrupted the Legislature in

1872 to pass an act saddling one-half of the expense of depressing

the tracks upon the city, but caused the act to be so adroitly worded

as to make the franchise perpetual. Along with the franchise to use

Fourth avenue, the railroad company secured in 1832 a franchise, free

of taxation, to run street cars for the convenience of its passengers

from the railroad station (then in the outskirts of New York City)

south to Prince street. Subsequently this franchise was extended to

Walker street, and in 1851 to Park Row. These were the initial stages

of the Fourth Avenue surface line, which has been extended, and has

grown into a vested value of tens of millions of dollars. In 1858 the

New York and Harlem Railroad Company was forced by action of the

Common Council, arising from the protests of the rich residents of

Murray Hill, to discontinue steam service below Forty-second street.

It, therefore, now had a street car line running from that

thoroughfare to the Astor House.

This explanation of antecedent circumstances allows a clearer

comprehension of what took place after Vanderbilt had begun buying

the stock of the New York and Harlem Railroad. The stock was then

selling at $9 a share. This railroad, as was the case with all other

railroads, without exception, was run by the owners with only the

most languid regard for the public interests and safety. Just as the

corporation in the theory of the law was supposed to be a body to

whom Government delegated powers to do certain things in the

interests of the people, so was the railroad considered theoretically

a public highway operated for the convenience of the people. It was

upon this ostensible ground that railroad corporations secured

charters, franchises, property and such privileges as the right of

condemnation of necessary land. The State of New York alone had

contributed $8,000,000 in public funds, and various counties, towns

and municipalities in New York State nearly $31,000,000 by investment

in stocks and bonds. [Footnote: Report of the Special Committe on

Railroads of the New York Assembly, 1879, i:7.] The theory was indeed

attractive, but it remained nothing more than a fiction.

No sooner did the railroad owners get what they wanted, than they

proceeded to exploit the very community from which their possessions

were obtained, and which they were supposed to serve. The various

railroads were juggled with by succeeding groups of manipulators.

Management was neglected, and no attention paid to proper equipment.

Often the physical layout of the railroads--the road-beds, rails and

cars--were deliberately allowed to deteriorate in order that the

manipulators might be able to lower the value and efficiency of the

road, and thus depress the value of the stock. Thus, for instance,

Vanderbilt aiming to get control of a railroad at a low price, might

very well have confederates among some of the directors or officials

of that railroad who would resist or slyly thwart every attempt at

improvement, and so scheme that the profits would constantly go down.

As the profits decreased, so did the price of the stock in the stock

market. The changing combinations of railroad capitalists were too

absorbed in the process of gambling in the stock market to have any

direct concern for management. It was nothing to them that this

neglect caused frequent and heartrending disasters; they were not

held criminally responsible for the loss of life. In fact, railroad

wrecks often served their purpose in beating down the price of

stocks. Incredible as this statement may seem, it is abundantly

proved by the facts.

VANDERBILT GETS A RAILROAD.

After Vanderbilt, by divers machinations of too intricate character

to be described here, had succeeded in knocking down the price of New

York and Harlem Railroad shares and had bought a controlling part,

the price began bounding up. In the middle of April, 1863, it stood

at $50 a share. A very decided increase it was, from $9 to $50;

evidently enough, to occasion this rise, he had put through some

transaction which had added immensely to the profits of the road.

What was it?

Sinister rumors preceded what the evening of April 21, 1863,

disclosed. He had bribed the New York City Common Council to give to

the New York and Harlem Railroad a perpetual franchise for a street

railway on Broadway from the Battery to Union Square. He had done

what Solomon Kipp and others had done, in 1852, when they had spent

$50,000 in bribing the aldermen to give them a franchise for surface

lines on Sixth avenue and Eighth avenue; [Footnote: See presentment

of Grand Jury of February 26, 1853, and accompanying testimony,

Documents of the (New York) Board of Aldermen, Doc. No. XXI, Part II,

No. 55.] what Elijah F. Purdy and others had done in the same year in

bribing aldermen with a fund of $28,000 to give them the franchise

for a surface line on Third avenue; [Footnote: Ibid., 1333-1335.]

what George Law and other capitalists had done, in 1852, in bribing

the aldermen to give them the franchises for street car lines on

Second avenue and Ninth avenue. Only three years before--in 1860--

Vanderbilt had seen Jacob Sharp and others bribe the New York

Legislature (which in that same year had passed an act depriving the

New York Common Council of the power of franchise granting) to give

them franchises for street car lines on Seventh avenue, on Tenth

avenue, on Forty-second street, on Avenue D and a franchise for the

"Belt" line. It was generally believed that the passage of these five

bills cost the projectors $250,000 in money and stock distributed

among the purchasable members of the Legislature. [Footnote: See "The

History of Public Franchises in New York City": 120-125.]

Of all the New York City street railway franchises, either

appropriated or unappropriated, the Broadway line was considered the

most profitable. So valuable were its present and potential prospects

estimated that in 1852 Thomas E. Davies and his associates had

offered, in return for the franchise, to carry passengers for a

three-cent fare and to pay the city a million-dollar bonus. Other

eager capitalists had hastened to offer the city a continuous payment

of $100,000 a year. Similar futile attempts had been made year after

year to get the franchise. The rich residents of Broadway opposed a

street car line, believing it would subject them to noise and

discomfort; likewise the stage owners, intent upon keeping up their

monopoly, fought against it. In 1863 the bare rights of the Broadway

franchise were considered to be worth fully $10,000,000. Vanderbilt

and George Law were now frantically competing for this franchise.

While Vanderbilt was corrupting the Common Council, Law was

corrupting the legislature. [Footnote: The business rivalry between

Vanderbilt and Law was intensified by the deepest personal enmity on

Law's part. As one of the chief owners of the United States Mail

Steamship Company, Law was extremely bitter on the score of

Vanderbilt's having been able to blackmail him and Roberts so heavily

and successfully.] Such competition on the part of capitalists in

corrupting public bodies was very frequent.

THE ALDERMEN OUTWITTED BY VANDERBILT.

But the aldermen were by no means unschooled in the current sharp

practices of commercialism. A strong cabal of them hatched up a

scheme by which they would take Vanderbilt's bribe money, and then

ambush him for still greater spoils. They knew that even if they gave

him the franchise, its validity would not stand the test of the

courts. The Legislature claimed the exclusive power of granting

franchises; astute lawyers assured them that this claim would be

upheld. Their plan was to grant a franchise for the Broadway line to

the New York and Harlem Railroad. This would at once send up the

price of the stock. The Legislature, it was certain, would give a

franchise for the same surface line to Law. When the courts decided

against the Common Council that body, in a spirit of showy deference,

would promptly pass an ordinance repealing the franchise. In the

meantime, the aldermen and their political and Wall Street

confederates would contract to "sell short" large quantities of New

York and Harlem stock.

The method was simple. When that railroad stock was selling at $100 a

share upon the strength of getting the Broadway franchise, the

aldermen would find many persons willing to contract for its delivery

in a month at a price, say, of $90 a share. By either the repealing

of the franchise ordinance or affected by adverse court decisions,

the stock inevitably would sink to a much lower price. At this low

price the aldermen and their confederates would buy the stock and

then deliver it, compelling the contracting parties to pay the agreed

price of $90 a share. The difference between the stipulated price of

delivery and the value to which the stock had fallen--$30, $40 or $50

a share--would represent the winnings.

Part of this plan worked out admirably. The Legislature passed an act

giving Law the franchise. Vanderbilt countered by getting Tweed, the

all-powerful political ruler of New York City and New York State, to

order his tool, Governor Seymour, to veto the measure. As was

anticipated by the aldermen, the courts pronounced that the Common

Council had no power to grant franchises. Vanderbilt's franchise was,

therefore, annulled. So far, there was no hitch in the plot to pluck

Vanderbilt.

But an unlooked for obstacle was encountered. Vanderbilt had somehow

got wind of the affair, and with instant energy bought up secretly

all of the New York and Harlem Railroad stock he could. He had masses

of ready money to do it with; the millions from the mail subsidy

frauds and from his other lootings of the public treasury proved an

unfailing source of supply. Presently, he had enough of the stock to

corner his antagonists badly. He then put his own price upon it,

eventually pushing it up to $170 a share. To get the stock that they

contracted to deliver, the combination of politicians and Wall Street

bankers and brokers had to buy it from him at his own price; there

was no outstanding stock elsewhere. The old man was pitiless; he

mulcted them $179 a share. In his version, Croffut says of

Vanderbilt: "He and his partners in the bull movement took a million

dollars from the Common Council that week and other millions from

others." [Footnote: "The Vanderbilts," etc: 75.]

The New York and Harlem Railroad was now his, as absolutely almost as

the very clothes he wore. Little it mattered that he did not hold all

of the stock; he owned a preponderance enough to rule the railroad as

despotically as he pleased. Not a foot it had he surveyed or

constructed; this task had been done by the mental and manual labor

of thousands of wage workers not one of whom now owned the vestige of

an interest in it. For their toil these wage workers had nothing to

show but poverty. But Vanderbilt had swept in a railroad system by

merely using in cunning and unscrupulous ways a few of the millions

he had defrauded from the national treasury.

HE ANNEXES A SECOND RAILROAD.

Having found it so easy to get one railroad, he promptly went ahead

to annex other railroads. By 1864 he loomed up as the owner of a

controlling mass of stock in the New York and Hudson River Railroad.

This line paralleled the Hudson River, and had a terminal in the

downtown section of New York City. In a way it was a competitor of

the New York and Harlem Railroad.

The old magnate now conceived a brilliant idea. Why not consolidate

the two roads? True, to bring about this consolidation an authorizing

act of the New York Legislature was necessary. But there was little

doubt of the Legislature balking. Vanderbilt well knew the means to

insure its passage. In those years, when the people were taught to

look upon competition as indispensable, there was deep popular

opposition to the consolidating of competing interests. This, it was

feared, would inflict monopoly.

The cost of buying legislators to pass an act so provocative of

popular indignation would be considerable, but, at the same time, it

would not be more than a trifle compared with the immense profits he

would gain. The consolidation would allow him to increase, or, as the

phrase went, water, the stock of the combined roads. Although

substantially owner of the two railroads, he was legally two separate

entities--or, rather, the corporations were. As owner of one line he

could bargain with himself as owner of the other, and could determine

what the exchange purchase price should be. So, by a juggle, he could

issue enormous quantities of bonds and stocks to himself. These many

millions of bonds and stocks would not cost him personally a cent.

The sole expense--the bribe funds and the cost of engraving--he would

charge against his corporations. Immediately, these stocks and bonds

would be vested with a high value, inasmuch as they would represent

mortgages upon the productivity of tens of millions of people of that

generation, and of still greater numbers of future generations. By

putting up traffic rates and lowering wages, dividends would be paid

upon the entire outpouring of stock, thus beyond a doubt insuring its

permanent value. [Footnote: Even Croffut, Vanderbilt's foremost

eulogist, cynically grows merry over Vanderbilt's methods which he

thus summarizes: "(1) Buy your railroad; (2) stop the stealing that

went on under the other man; (3) improve the road in every

practicable way within a reasonable expenditure; (4) consolidate it

with any other road that can be run with it economically; (5) water

its stock; (6) make it pay a large dividend."]

CUNNING AGAINST CUNNING.

A majority of the New York Legislature was bought. It looked as if

the consolidation act would go through without difficulty.

Surreptitiously, however, certain leading men in the Legislature

plotted with the Wall Street opponents of Vanderbilt to repeat the

trick attempted by the New York aldermen in 1863. The bill would be

introduced and reported favorably; every open indication would be

manifested of keeping faith with Vanderbilt. Upon the certainty of

its passage the market value of the stock would rise. With their

prearranged plan of defeating the bill at the last moment upon some

plausible pretext, the clique in the meantime would be busy selling

short.

Information of this treachery came to Vanderbilt in time. He

retaliated as he had upon the New York aldermen; put the price of New

York and Harlem stock up to $285 a share and held it there until

after he was settled with. With his chief partner, John Tobin, he was

credited with pocketing many millions of dollars. To make their

corner certain, the Vanderbilt pool had bought 27,000 more shares

than the entire existing stock of the road. "We busted the whole

Legislature," was Vanderbilt's jubilant comment, "and scores of the

honorable members had to go home without paying their board bills."

The numerous millions taken in by Vanderbilt in these transactions

came from a host of other men who would have plundered him as quickly

as he plundered them. They came from members of the Legislature who

had grown rich on bribes for granting a continuous succession of

special privileges, or to put it in a more comprehensible form,

licenses to individuals and corporations to prey in a thousand and

one forms upon the people. They came from bankers, railroad, land and

factory owners, all of whom had assiduously bribed Congress,

legislatures, common councils and administrative officials to give

them special laws and rights by which they could all the more easily

and securely grasp the produce of the many, and hold it intact

without even a semblance of taxation.

The very nature of that system of gambling called stock-market or

cotton or produce exchange speculation showed at once the sharply-

defined disparities and discriminations in law.

Common gambling, so-called, was a crime. The gambling of the

exchanges was legitimate and legalized, and the men who thus gambled

with the resources of the nation were esteemed as highly respectable

and responsible leaders of the community. For a penniless man to sell

anything he did not own, or which was not in existence, was held a

heinous crime and was severely punished by a long prison term. But

the members of the all-powerful propertied class could contract to

deliver stocks which they did not own or which were non-existent, or

they could gamble in produce often not yet out of the ground, and the

law saw no criminal act in their performances.

Far from being under the inhibition of law, their methods were duly

legalized. The explanation was not hard to find. These same

propertied classes had made the code of laws as it stood; and if any

doubter denies that laws at all times have exactly corresponded with

the interest and aims of the ruling class, all that is necessary is

to compare the laws of the different periods with the profitable

methods of that class, and he will find that these methods, however

despicable, vile and cruel, were not only indulgently omitted from

the recognized category of crimes but were elevated by prevalent

teaching to be commercial virtues and ability of a high order.

With two railroads in his possession Vanderbilt cast about to drag in

a third. This was the New York Central Railroad, one of the richest

in the country.

Vanderbilt's eulogists, in depicting him as a masterful

constructionist, assert that it was he who first saw the waste and

futility of competition, and that he organized the New York Central

from the disjointed, disconnected lines of a number of previously

separate little railroads. This is a gross error.

The consolidation was formed in 1853 at the time when Vanderbilt was

plundering from the United States treasury the millions with which he

began to buy in railroads nine years later. The New York Central

arose from the union of ten little railroads, some running in the

territory between Albany and Buffalo, and others merely projected,

but which had nevertheless been capitalized as though they were

actually in operation.

The cost of construction of these eleven roads was about $10,000,000,

but they were capitalized at $23,000,000. Under the consolidating act

of 1853 the capitalization was run up to about $35,000,000. This

fictitious capital was partly based on roads which were never built,

and existing on paper only. Then followed a series of legislative

acts giving the company a further list of valuable franchises and

allowing it to charge extortionate rates, inflate its stock, and

virtually escape taxation. How these laws were procured may be judged

from the testimony of the treasurer of the New York Central railroad

before a committee of the New York State Constitutional Convention.

This official stated that from about 1853 to 1867 the New York

Central had spent hundreds of thousands of dollars for "legislative

purposes,"--in other words, buying laws at Albany.

ACQUISITION BY WRECKING.

Vanderbilt considered it unnecessary to buy New York Central stock to

get control. He had a much better and subtler plan. The Hudson River

Railroad was at that time the only through road running from New York

to Albany. To get its passengers and freight to New York City the New

York Central had to make a transfer at Albany. Vanderbilt now

deliberately began to wreck the New York Central. He sent out an

order in 1865 to all Hudson River Railroad employees to refuse to

connect with the New York Central and to take no more freight. This

move could not do otherwise than seriously cripple the facilities and

lower the profits of the New York Central. Consequently, the value of

its stock was bound to go precipitately down.

The people of the United States were treated to an ironic sight. Here

was a man who only eight years before had been shown up in Congress

as an arch plunderer; a man who had bought his railroads largely with

his looted millions; a man who, if the laws had been drafted and

executed justly, would have been condoning his frauds in prison;--

this man was contemptuously and openly defying the very people whose

interests the railroads were supposed to serve. In this conflict

between warring sets of capitalists, as in all similar conflicts,

public convenience was made sport of. Hudson River trains going north

no longer crossed the Hudson River to enter Albany; they stopped half

a mile east of the bridge leading into that city. This made it

impossible to transfer freight. There in the country the trains were

arbitrarily stopped for the night; locomotive fires were banked and

the passengers were left to shift into Albany the best they could,

whether they walked or contrived to hire vehicles. All were turned

out of the train--men, women and children--no exceptions were made

for sex or infirmity.

The Legislature went through a pretense of investigating what public

opinion regarded as a particularly atrocious outrage. Vanderbilt

covered this committee with undisguised scorn; it provoked his wrath

to be quizzed by a committee of a body many of whose members had

accepted his bribes. When he was asked why he had so high-handedly

refused to run his trains across the river, the old fox smiled

grimly, and to their utter surprise, showed them an old law (which

had hitherto remained a dead letter) prohibiting the New York Hudson

Railroad from running trains over the Hudson River. This law had been

enacted in response to the demand of the New York Central, which

wanted no competitor west of Albany. When the committee recovered its

breath, its chairman timidly inquired of Vanderbilt why he did not

run trains to the river.

"I was not there, gentlemen," said Vanderbilt.

"But what did you do when you heard of it?"

"I did not do anything."

"Why not? Where were you?"

"I was at home, gentlemen," replied Vanderbilt with serene impudence,

"playing a rubber of whist, and I never allow anything to interfere

with me when I am playing that game. It requires, as you know,

undivided attention."

As Vanderbilt had foreseen, the stock of the New York Central went

down abruptly; at its lowest point he bought in large quantities. His

opponents, Edward Cunard, John Jacob Astor, John Steward and other

owners of the New York Central thus saw the directorship pass from

their hands. The dispossession they had worked to the Pruyns, the

Martins, the Pages and others was now being visited upon them. They

found in this old man of seventy-three too cunning and crafty a man

to defeat. Rather than lose all, they preferred to choose him as

their captain; his was the sort of ability which they could not

overcome and to which they must attach themselves. On November 12,

1867, they surrendered wholly and unreservedly. Vanderbilt now

installed his own subservient board of directors, and proceeded to

put through a fresh program of plunder beside which all his previous

schemes were comparatively insignificant.

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