CHAPTER III

THE GROWTH OF THE ASTOR FORTUNE

While at the outposts, and in the depths, of the Western wilderness an

armed host was working and cheating for Astor, and, in turn, being

cheated by their employer; while, for Astor's gain, they were violating

all laws, debauching, demoralizing and beggaring entire tribes of

Indians, slaying and often being themselves slain in retaliation, what

was the beneficiary of this orgy of crime and bloodshed doing in New

York?

For a long time he lived at No. 223 Broadway in a large double house,

flanked by an imposing open piazza supported by pillars and arches. In

this house he combined the style of the ascending capitalist with the

fittings and trappings of the tradesman. It was at once residence,

office and salesroom. On the ground floor was his store, loaded with

furs; and here one of his sons and his chief heir, William B. could be

seen, as a lad, assiduously beating the furs to keep out moths. Astor's

disposition was phlegmatic and his habits were extremely simple and

methodical. He had dinner regularly at three o'clock, after which he

would limit himself to three games of checkers and a glass of beer. Most

of his long day was taken up with close attention to his many business

interests of which no detail escaped him. However execrated he might be

in the Indian territories far in the West, he assumed, and somewhat

succeeded in being credited with, the character of a patriotic,

respectable and astute man of business in New York.

ASTOR SUPERIOR TO LAW.

During (taking a wide survey) the same series of years that he was

directing gross violations of explicit laws in the fur-producing

regions--laws upon the observance of which depended the very safety of

the life of men, women and children, white and red, and which laws were

vested with an importance corresponding with the baneful and bloody

results of their infraction--Astor was turning other laws to his

distinct advantage in the East. Pillaging in the West the rightful and

legal domain, and the possessions, of a dozen Indian tribes, he, in the

East, was causing public money to be turned over to his private treasury

and using it as personal capital in his shipping enterprises.

As applied to the business and landowning class, law was notoriously a

flexible, convenient, and highly adaptable function. By either the tacit

permission or connivance of Government, this class was virtually, in

most instances, its own law-regulator. It could consistently, and

without being seriously interfered with, violate such laws as suited its

interests, while calling for the enactment or enforcement of other laws

which favored its designs and enhanced its profits. We see Astor

ruthlessly brushing aside, like so many annoying encumbrances, even

those very laws which were commonly held indispensable to a modicum of

fair treatment of the Indians and to the preservation of human life.

These laws happened to conflict with the amassing of profits; and always

in a civilization ruled by the trading class, laws which do this are

either unceremoniously trampled upon, evaded or repealed.

For all the long-continued violations of law in the West, and for the

horrors which resulted from his exploitation of the Indians, was Astor

ever prosecuted? To repeat, no; nor was he disturbed even by such a

triviality as a formal summons. Yet, to realize the full enormity of

acts for which he was responsible, and the complete measure of immunity

that he enjoyed, it is necessary to recall that at the time the

Government had already begun to assume the role of looking upon the

Indians as its wards, and thus of theoretically extending to them the

shield of its especial protection. If Government allowed a people whom

it pleased to signify as its wards to be debauched, plundered and slain,

what kind of treatment could be expected for the working class as to

which there was not even the fiction of Government concern, not to

mention wardship?

LAW BREAKERS AND LAW MAKERS.

But when it came to laws which, in the remotest degree, could be used or

manipulated to swell profits or to buttress property, Astor and his

class were untiring and vociferous in demanding their strict

enforcement. Successfully ignoring or circumventing laws objectionable

to them, they, at the same time, insisted upon the passage and exact

construction and severe enforcement of laws which were adjusted to their

interests. Law breakers, on the one hand, they were law makers on the

other. They caused to be put in statute, and intensified by judicial

precedent, the most rigorous laws in favor of property rights. They

virtually had the extraordinary power of choosing what laws they should

observe and what they should not. This choice was invariably at the

expense of the working class. Law, that much-sanctified product, was

really law only when applied to the propertyless. It confronted the poor

at every step, was executed with summary promptitude and filled the

prisons with them. Poverty had no choice in saying what laws it should

obey and what it should not. It, perforce, had to obey or go to prison;

either one or the other, for the laws were expressly drafted to bear

heavily upon it.

It is illustrative, in the highest degree, of the character of

Government ruled by commercial interests, that Astor was allowed to

pillage and plunder, cheat, rob and (by proxy) slaughter in the West,

while, in the East, that same Government extended to him, as well as to

other shippers, the free use of money which came from the taxation of

the whole people--a taxation always weighted upon the shoulders of the

worker. In turn, this favored class, either consciously or

unconsciously, voluntarily or involuntarily, cheated the Government of

nearly half of the sums advanced. From the foundation of the Government

up to 1837, there were nine distinct commercial crises which brought

about terrible hardships to the wage workers. Did the Government step in

and assist them? At no time. But during all those years the Government

was busy in letting the shippers dig into the public funds and in being

extremely generous to them when they failed to pay up. From 1789 to 1823

the Government lost more than $250,000,000 in duties,[90] all of which

sum represented what the shippers owed and did not, or could not, pay.

And no criminal proceedings were brought against any of these

defaulters.

This, however, was not all that the Government did for the favored,

pampered class that it represented. Laws were severe against labor-union

strikes, which were frequently judicially adjudged conspiracies.

Theoretically, law inhibited monopoly, but monopolies existed, because

law ceases to be effective law when it is not enforced; and the

propertied interests took care that it was not enforced. Their own class

was powerful in every branch of Government. Furthermore, they had the

money to buy political subserviency and legal dexterity. The $35,000

that Astor paid to Cass, the very official who, as Secretary of War, had

jurisdiction over the Indian tribes and over the Indian trade, and the

sums that Astor paid to Benton, were, it may well be supposed, only the

merest parts of the total sums that he disbursed to officials and

politicians, high and low.

ASTOR'S MONOPOLIES.

Astor profited richly from his monopolies. His monopoly of furs in the

West was made a basis for the creation of other monopolies. China was a

voracious and highly profitable market for furs. In exchange for the

cargoes of these that he sent there, his ships would be loaded with teas

and silks. These products he sold at exorbitant prices in New York. His

profits from a single voyage sometimes reached $70,000; the average

profits from a single voyage were $30,000. During the War of 1812-15 tea

rose to double its usual price. Astor was invariably lucky in that his

ships escaped capture. At one period he was about the only merchant who

had a cargo of tea in the market. He exacted, and was allowed to exact,

his own price.

Meanwhile, Astor was setting about making himself the richest and

largest landowner in the country. His were not the most extensive land

possessions in point of extent but in regard to value. He aimed at being

a great city, not a great rural, landlord. It was estimated that his

trade in furs and associated commerce brought him a clear annual revenue

of about two million dollars. This estimate was palpably inadequate. Not

only did he reap enormous profits from the fur trade, but also from

banking privileges in which he was a conspicuous factor.

It was on one of his visits to London, so the recital goes, that he

first became possessed of the idea of founding an extraordinarily rich

landed family. He admired, it is told, the great landed estates of the

British nobility, and observed the prejudice against the caste of the

trader and the corresponding exalted position of the landowner. Whether

this story is true or not, it is evident that he was impressed with the

increasing power and the stability of a fortune founded upon land, and

how it radiated a certain splendid prestige. The very definition of the

word landlord--lord of the soil--signified the awe-compelling and

authoritative position of him who owned land--a definition heightened

and enforced in a thousand ways by the laws.

The speculative and solid possibilities of New York City real estate

held out dazzling opportunities gratifying his acquisitiveness for

wealth and power--the wealth that fed his avarice, and the power flowing

from the dominion of riches.

ASTOR NOT AN EXCEPTION.

It may here be observed that Astor's methods in trade or in acquiring of

land need not be indiscriminately condemned as an exclusive mania. Nor

should they be held up to the curiosity of posterity as a singular and

pernicious exhibition, detached from his time and generation, and

independent of them. Again and again the facts disclose that men such as

he were merely the representative crests of prevailing commercial and

political life. Substantially the whole propertied class obtained its

wealth by methods which, if not the same, had a strong relationship. His

methods differed nowise from those of many cotton planters of the South

who stole, on a monstrous scale,[91] Government land and then with the

wealth derived from their thefts, bought negro slaves, set themselves up

in the glamour of a patriarchal aristocracy and paraded a florid display

of chivalry and honor. And it was this same grandiose class that

plundered Whitney of the fruits of his invention of the cotton-gin and

shamelessly defrauded him.[92]

Far more flagrant, however, were the means by which other Southern

plantation owners and business firms secured landed estates in Alabama,

Georgia and in other States. Their methods in expropriating the

reservations of such Indian tribes as the Creeks and Chickasaws were not

less fraudulent than those that Astor used elsewhere. They too, those

fine Southern aristocrats, debauched Indian tribes with whisky, and

after swindling them of their land, caused the Government to remove them

westward. The frauds were so extensive, and the circumstances so

repellant, that President Andrew Jackson, in 1833, ordered an

investigation. From the records of this investigation,--four hundred and

twenty-five solid pages of official correspondence--more than enough

details can be obtained.[93]

WHERE WAS FRAUD ABSENT?

In Wisconsin the most valuable Government lands, containing rich

deposits of lead and other mineral ore, were being boldly appropriated

by force and fraud. The House Committee on Public Lands reported on

December 18, 1840, that with the connivance of local land agents, these

lands, since 1835, had been sold at private sale before they were even

subject to public entry.[94] "In consequence of which," the Committee

stated, "many tracts of land known to be rich and valuable mineral lands

for many years, and known to be such at the time of the entry, have been

entered by evil-minded persons, who have falsely made, or procured

others to make, the oath required by the land offices. Honest men have

been excluded from the purchase of these lands, while the dishonest and

unscrupulous have been permitted to enter them by means of false oath

and fraud."[95]

These are but the merest glimpses of the widespread frauds in seizing

land, whether agricultural, timber or mineral. What of the mercantile

importers, the same class that the Government so greatly favored in

allowing it long periods in which to pay its customs duties? It was

defrauding the Government on the very importations on which it was

extended long-time credit for customs payments. The few official reports

available clearly indicate this. Great frauds were continuously going on

in the importations of lead.[96] Large quantities of sugar were imported

in the guise of molasses which, it was discovered, after being boiled a

few minutes, would produce an almost equal weight in brown sugar.[97]

Doubtless similar frauds were being committed in other lines of

importations. Between the methods of these divisions of the capitalist

class, and those of Astor, no basic difference can be discerned.

Neither was there any essential difference between Astor's methods and

those of the manufacturing capitalists of the North who remorselessly

robbed Charles Goodyear of the benefits of his discovery of vulcanized

rubber and who drove him, after protracted litigation, into insolvency,

and caused him to die loaded down with worries and debts, a broken-down

man, at the age of 60.[98] As for that pretentious body of gentry who

professed to spread enlightenment and who set themselves high and

solemnly on a pinnacle as dispensers of knowledge and molders of public

opinion--the book, periodical and newspaper publishers--their methods at

bottom were as fraudulent as any that Astor ever used. They mercilessly

robbed and knew it, while making the most hypocritical professions of

lofty motives. Buried deep in the dusty archives of the United States

Senate is a petition whereon appear the signatures of Moore, Carlyle,

the two Disraelis, Milman, Hallam, Southey, Thomas Campbell, Sir Charles

Lyell, Bulwer Lytton, Samuel Rogers, Maria Edgeworth, Harriet Martineau

and other British literary luminaries, great or small. In this petition

these authors, some of them representing the highest and finest in

literary, philosophical, historical, and scientific thought and

expression, implore Congress to afford them protection against the

indiscriminate theft of their works by American booksellers. Their

works, they set forth, are not only appropriated without their consent

but even contrary to their expressed desire. And there is no redress.

Their productions are mutilated and altered, yet their names are

retained. They instance the pathetic case of Sir Walter Scott. His works

have been published and sold from Maine to the Gulf of Mexico, yet not a

cent has he received. "An equitable remuneration," they set forth,

"might have saved his life, and would, at least have relieved his

closing years from the burdens of debts and destructive toils."[99]

How fares this petition read in the United States Senate on February 2,

1837? The booksellers, magazine, periodical and newspaper publishers

have before succeeded in defeating one copyright bill. They now bestir

themselves again; the United States Senate consigns the petition to the

archives; and the piracy goes on as industriously as ever.

LEGALIZED PIRACY IN ALL BRANCHES OF TRADE.

What else could be expected from a Congress which represented the

commercial and landholding classes? No prodding was needed to cause it

to give the fullest protection to possessions in commerce, land and

negro slaves; these were concrete property. But thought was not

capitalized; it was not a manufactured product like iron or soap.

Nothing can express the pitying contempt or the lofty air of

patronization with which the dominant commercial classes looked down

upon the writer, the painter, the musician, the philosopher or the

sculptor. Regarding these "sentimentalists" as easy, legitimate and

defenseless objects of prey, and as incidental and impractical

hangers-on in a world where trade was all in all, the commercial classes

at all times affected a certain air of encouragement of the fine arts,

which encouragement, however, never attempted to put a stop to piracies

of publication or reproduction. How sordidly commercial that era was, to

what extremes its standards went, and how some of the basest forms of

theft were carried on and practically legalized, may be seen by the fate

of Peter Cardelli's petition to Congress. Cardelli was a Roman sculptor,

residing in the United States for a time. He prays Congress in 1820 to

pass an act protecting him from commercial pirates who make casts and

copies of his work and who profit at his expense. The Senate Committee

on Judiciary, to whom the petition is referred, rejects the plea. On

what ground? Because he "has not discovered any new invention on which

he can claim the right."[100] Could stupidity go further?

All of the confluent facts of the time show conclusively that every

stratum of commercial society was permeated with fraud, and that this

fraud was accepted generally as a routine fixture of the business of

gathering property or profits. Astor, therefore, was not an isolated

phenomenon, but a typically successful representative of his time and

of the methods and standards of the trading class of that time.

Whatever in the line of business yielded profits, that act, whether

cheating, robbing or slaughtering, was justified by some sophistry or

other. Astor did not debauch, spoliate, and incite slaughter because he

took pleasure in doing them. Perhaps--to extend charitable judgment--he

would have preferred to avoid them. But they were all part of the

formulated necessities of business which largely decreed that the

exercise of humane and ethical considerations was incompatible with the

zealous pursuit of wealth.

In the wilderness of the West, Astor, operating through his agents,

could debauch, rob and slay Indians with impunity. As he was virtually

the governing body there, without fear of being hindered, he thus could

act in the most high-handed, arbitrary and forcible ways. In the East,

however, where law, or the forms of law, prevailed, he had to have

recourse to methods which bore no open trace of the brutal and

sanguinary. He had to become the insidious and devious schemer, acting

through sharp lawyers instead of by an armed force. Hence in his Eastern

operations he made deception a science and used every instrument of

cunning at his command. The result was precisely the same as in the

West, except that the consequences were not so overt, and the

perpetration could not be so easily distinguished. In the West, death

marched step by step with Astor's accumulating fortune; so did it in the

East, but it was not open and bloody as in the fur country. The

mortality thus accompanying Astor's progress in New York was of that

slow and indefinite, but more lingering and agonizing, kind ensuing from

want, destitution, disease and starvation.

Astor's supreme craft was at no time better shown than by the means by

which he acquired possession of an immense estate in Putnam County, New

York. During the Revolution, a tract consisting of 51,012 acres held by

Roger Morris and Mary his wife, Tories, had been confiscated by New York

State. This land, it is worth recalling, was part of the estate of

Adolphus Phillips, the son of Frederick who, as has been set forth,

financed and protected the pirate Captain Samuel Burgess in his

buccaneer expeditions, and whose share of the Burgess' booty was

extremely large.[101] Mary Morris was a descendant of Adolph Phillips

and came into that part of the property by inheritance. The Morris

estate comprised nearly one-third of Putnam County. After confiscation,

the State sold the area in parts to various farmers. By 1809 seven

hundred families were settled on the property, and not a shadow of a

doubt had ever been cast on their title. They had long regarded it as

secure, especially as it was guaranteed by the State.

A NOTED LAND TRANSACTION.

In 1809 a browsing lawyer informed Astor that those seven hundred

families had no legal title whatever; that the State had had no legal

right to confiscate the Morris property, inasmuch as the Morrises held a

life lease only, and no State could ever confiscate a life lease. The

property, Astor was informed, was really owned by the children of the

Morris couple, to whom it was to revert after the lease of their parents

was extinguished. Legally, he was told, they were as much the owners as

ever. Astor satisfied himself that this point would hold in the courts.

Then he assiduously hunted up the heirs, and by a series of strategic

maneuvers worthy of the pen of a Balzac, succeeded in buying their

claim for $100,000.

In the thirty-three years which had elapsed since confiscation, the land

had been greatly improved. Suddenly came a notification to these

unsuspecting farmers that not they, but Astor, owned the land. All the

improvements that they had made, all the accumulated standing products

of the thirty-three years' labor of the occupants, he claimed as his, by

virtue of the fact that, in law, they were trespassers. Dumfounded, they

called upon him to prove his claim. Whereupon his lawyers, men saturated

with the terminology and intricacies of legal lore, came forward and

gravely explained that the law said so and so and was such and such and

that the law was incontestible in support of Astor's claim. The

hard-working farmers listened with mystification and consternation. They

could not make out how land which they or their fathers had paid for,

and which they had tilled and improved, could belong to an absentee who

had never turned a spade on it, had never seen it, all simply because he

had the advantage of a legal technicality and a document emblazoned with

a seal or two.

THE PUBLIC UPROAR OVER ASTOR'S CLAIM.

They appealed to the Legislature. This body, influenced by the public

uproar over the transaction, refused to recognize Astor's title. The

whole State was aroused to a pitch of indignation. Astor's claim was

generally regarded as an audacious piece of injustice and robbery. He

contended that he was not subject to the provision of the statute

directing sales of confiscated estates which provided that tenants could

not be dispossessed without being paid for improvements. In fine, he

claimed the right to evict the entire seven hundred families without

being under the legal or moral necessity of paying them a single cent

for their improvements. In the state of public temper, the officials of

the State of New York decided to fight his claim. Astor offered to sell

his claim to the State for $667,000. But such was the public outburst at

the effrontery of a man who had bought what was virtually an extinct

claim for $100,000, and then attempting to hold up the State for more

than six times that sum, that the Legislature dared not consent.

The contention went to the courts and there dragged along for many

years. Astor, however, won his point; it was decided that he had a valid

title. Finally in 1827 the Legislature allowed itself[102] to

compromise, although public opinion was as bitter as ever. The State

gave Astor $500,000 in five per cent stock, specially issued, in

surrender of his claim.[103] Thus were the whole people taxed to buy, at

an exorbitant price, the claim of a man who had got it by artifice and

whose estate eventually applied the interest and principal of that stock

to buying land in New York City. Thus also can a considerable part of

the Astor fortune be traced to Adolphus Phillips, son of Frederick, the

partner, protector and chief spoil-sharer of Captain Burgess, sea

pirate, and whose estate, the Phillips manor, had been obtained by

bribing Fletcher, the royal governor.

But while Astor gradually appropriated vast tracts of land in

Wisconsin, Missouri, Iowa and other parts of the West, and levied his

toll on one-third of Putnam County, it was in New York City that he

concentrated the great bulk of his real estate speculations. To buy

steadily on the scale that he did required a constant revenue. This

revenue, as we have seen, came from his fur trading methods and

activities and the profits and privileges of his shipping. But these

factors do not explain his entire agencies in becoming a paramount

landocrat. One of these was the banking privilege--a privilege so

ordained by law that it was one of the most powerful and insidious

suctions for sapping the wealth created by the toil of the producers,

and for enriching its owners at a most appalling sacrifice to the

working and agricultural classes. And above all, Astor in common with

his class, made the most valuable asset of Law, whether exploiting the

violation, or the enforcement, of it.

If we are to accept the superficial, perfunctory accounts of Astor's

real estate investments in New York City, then he will appear in the

usual eulogistic light of a law-loving, sagacious man engaged in a

legitimate enterprise. The truth, however, lies deeper than that--a

truth which has been either undiscerned or glossed over by those

conventional writers who, with a panderer's instinct, give a

wealth-worshipping era the thing it wants to read, not what it ought to

know. Although apparently innocent and in accord with the laws and

customs of the times, Astor's real estate transactions were inseparably

connected with consecutive evasions, trickeries, frauds and violations

of law. Extraordinarily favorable as the law was to the propertied

classes, even that law was constantly broken by the very classes to whom

it was so partial.

Simultaneously, while reaping large revenues from his fur trade among

the Indians in both the East and West, Astor was employing a different

kind of fraud in using the powers of city and State government in New

York in obtaining, for practically nothing, enormously valuable grants

of land and other rights and privileges which added to the sum total of

his growing wealth.

CORRUPT GRANTS OF CITY LAND.

In this procedure he was but doing what a number of other contemporaries

such as Peter Goelet, the Rhinelanders, the Lorillards, the

Schermerhorns and other men who then began to found powerful landed

families, were doing at the same time. The methods by which these men

secured large areas of land, now worth huge sums, were unquestionably

fraudulent, although the definite facts are not as wholly available as

are, for instance, those which related to Fletcher's granting vast

estates for bribes in the seventeenth century, or the bribery which

corrupted the various New York legislatures beginning in the year 1805.

Nevertheless, considering the character of the governing politicians,

and the scandals that ensued from the granting and sales of New York

City land a century or more ago, it is reasonably certain that corrupt

means were used. The student of the times cannot escape from this

conclusion, particularly as it is borne out by many confirming

circumstances.

New York City, at one time, owned a very large area of land which was

fraudulently granted or sold to private individuals. Considerable of

this granting or selling was done during the years when the corrupt

Benjamin Romaine was City Controller. Romaine was so badly involved in a

series of scandals arising from the grants and corrupt sales of city

land, that in 1806 the Common Council, controlled by his own party, the

Tammany machine, found it necessary to remove him from the office of

City Controller for malfeasance.[104] The specific charge was that he

had fraudulently obtained valuable city land in the heart of the city

without paying for it. Something had to be done to still public

criticism, and Romaine was sacrificed. But, in fact, he was far from

being the only venal official concerned in the current frauds. These

frauds continued no matter which party or what set of officials were in

power. Several years after Romaine was removed, John Bingham, a powerful

member of the Aldermanic Committee on Finance, which passed upon and

approved these various land grants, was charged by public investigators

with having caused the city to sell to his brother-in-law land which he

later influenced the city administration to buy back at an exorbitant

price. Spurred by public criticism the Common Council demanded its

reconveyance.[105] It is more than evident--it is indisputable--from the

records and the public scandals, that the successive city

administrations were corruptly conducted. The conservative newspaper

comments alone of the period indicate this clearly, if nothing else

does.

A PROCESS OF SPOLIATION.

Neither Astor nor Goelet were directly active members of the changing

political cliques which controlled the affairs of the city. It is likely

that they bore somewhat the same relation to these cliques that the

politico-industrial magnates and financiers of to-day do; to all

appearances distinctly apart from participation in politics, and yet by

means of money, having a strong or commanding influence in the

background. But the Rhinelander brothers, William and Frederick, were

integral members of the political machine in power. Thus we find that in

1803, William Rhinelander was elected Assessor for the Fifth Ward (a

highly important and sumptuary office at that time), while both he and

Frederick were, at the same time, appointed inspectors of

elections.[106]

The action of the city officials in disposing of city land to

themselves, to political accomplices and to favorites (who, it is

probable, although not a matter of proof, paid bribes) took two forms.

One was the granting of land under water, the other the granting of city

real estate. At that time the configuration of Manhattan Island was such

that it was marked by ponds, streams and marshes, while the marginal

lines of the Hudson River and the East River extended much further

inland than now. When an individual got what was called a water grant,

it meant land under shallow water, where he had the right to build

bulkheads and wharves and to fill in and make solid ground. Out of these

water grants was created property now worth hundreds upon hundreds of

millions of dollars. The value at that time was not great, but the

prospective value was immense. This fact was recognized in the official

reports of the day, which set forth how rapidly the city's population

and commerce were increasing. As for city land as such, the city not

only owned large tracts by reason of old grants and confiscations, but

it constantly came into possession of more because of non-payment of

taxes.

The excuses by which the city officials covered their short-sighted or

fraudulent grants of the water rights and the city land were various.

One was that the gifts were for the purpose of assisting religious

institutions. This, however, was but an occasional excuse. The principal

excuse which was persisted in for forty years was that the city needed

revenue. This was a fact. The succeeding city administrations so

corruptly and extravagantly squandered the city's money that the city

was constantly in debt. Perhaps this debt was created for the very

purpose of having a plausible ground for disposing of city land. So it

was freely charged at that time.

THE CITY CREATES LANDLORDS.

Let us see how the religious motive worked. On June 10, 1794, the city

gave to Trinity Church a water grant covering all that land from

Washington street to the North River between Chambers and Reade streets.

The annual rent was one shilling per running foot after the expiration

of forty-two years from June 10, 1794. Thus, for forty-two years, no

rent was charged. Shortly after the passage of this grant, Trinity

Church conveyed it to William Rhinelander, and also all that ground

between Jay and Harrison streets, from Greenwich street to the North

River. By a subsequent arrangement with Trinity Church and the city, all

of this land as well as certain other Trinity land became William

Rhinelander's property; and then, by agreement of the Common Council on

May 29, 1797, and confirmation of Nov. 16, 1807, he was given all rights

to the land water between high and low water mark, bounding his

property, for an absurdly low rental.[107] These water grants were

subsequently filled in and became of enormous value.

Astor was as energetic as Rhinelander in getting grants from the city

officials. In 1806 he obtained two of large extent on the East Side--on

Mangin street between Stanton and Houston streets, and on South street

between Peck Slip and Dover street. On May 30, 1808, upon a favorable

report handed in by the Finance Committee, of which the notorious John

Bingham was a member, Astor received an extensive grant along the Hudson

bounding the old Burr estate which had come into his possession.[108] In

1810 he received three more water grants in the vicinity of Hubert,

Laight, Charlton, Hammersly and Clarkson streets, and on April 28, 1828,

three at Tenth avenue, Twelfth, Thirteenth, Fourteenth and Fifteenth

streets. These were some of the grants that he received. But they do not

include the land in the heart of the city that he was constantly buying

from private owners or getting by the evident fraudulent connivance of

the city officials.

Having obtained the water grants and other land by fraud, what did the

grantees next proceed to do? They had them filled in, not at their own

expense, but largely at the expense of the municipality. Sunken lots

were filled in, sewers placed, and streets opened, regulated and graded

at but the merest minimum of expense to these landlords. By fraudulent

collusion with the city authorities they foisted much of the expense

upon the taxpayers. How much money the city lost by this process in the

early decades of the nineteenth century was never known. But in 1855

Controller Flagg submitted to the Common Council an itemized statement

for the five years from 1850 in which he referred to "the startling fact

that the city's payments, in a range of five years [for filling in

sunken lots, regulating and grading streets, etc.], exceed receipts by

the sum of more than two millions of dollars."[109]

MANY PARTICIPANTS IN THE CURRENT FRAUDS.

In the case of most of these so-called water fronts, there was usually a

trivial rental attached. Nearly always, however, this was commuted upon

payment of a small designated sum, and a full and clear title was then

given by the city. In this rush to get water-grants--grants many of

which are now solid land filled with business and residential

buildings--many of the ancestors of those families which pride

themselves upon their exclusive air participated. The Lorillards, the

Goelets, William F. Havemeyer, Cornelius Vanderbilt, W. H. Webb, W. H.

Kissam, Robert Lenox, Schermerhorn, James Roosevelt, William E. Dodge,

Jr.--all of these and many others--not omitting Astor's American Fur

Company--at various times down to, and including the period of, the

monumentally corrupt Tweed "ring," got grants from corrupt city

administrations. Some of these water rights, that is to say, such

fragmentary parts of them as pertained to wharves and bulkheads, New

York City, in recent years, has had to buy back at exorbitant prices.

From the organization of the Dock Department down to 1906 inclusive, New

York City had expended $70,000,000 for the purchase of bulkhead and

wharf property and for construction.

During all the years from 1800 on, Astor, in conjunction with other

landholders, was manipulating the city government not less than the

State and Federal Government. Now he gets from the Board of Aldermen

title to a portion of this or that old country road on Manhattan which

the city closes up; again and again he gets rights of land under water.

He constantly solicits the Board of Aldermen for this or that right or

privilege and nearly always succeeds. No property or sum is too small

for his grasp. In 1832, when Eighth avenue, from Thirteenth to

Twenty-third streets is graded down and the earth removed is sold by the

city to a contractor for $3,049.44, Astor, Stephen D. Beekman and Jacob

Taylor petition that each get a part of the money for earth removed from

in front of their lots. This is considered such a petty attempt at

defrauding, that the Aldermen call it an "unreasonable petition" and

refuse to accede.[110] In 1834 the Aldermen allow him a part of the old

Hurlgate road, and Rhinelander a part of the Southampton road. Not a

year passes but that he does not get some new right or privilege from

the city government. At his request some streets are graded and

improved; the improvement of such other streets as is not to his

interest to have improved is delayed. Here sewers are placed; then they

are refused. Every function of city administration was incessantly used

by him. The cumulative effect of this class use of government was to

give him and others a constant succession of grants and privileges that

now have a prodigious value.

But it should be noted that those who thus benefited, singularly enjoyed

the advantages of laws and practices. For city land that they bought

they were allowed to pay on easy terms; not infrequently the city had to

bring action for final payment. But the tenants of these landlords had

to pay rent on the day that it fell due, or within a few days of the

time; they could not be in arrears more than three days without having

to face dispossess proceedings. Nor was this all the difference. On

land which they corruptly obtained from the city and which, to a large

extent, they fraudulently caused to be filled in, regulated, graded or

otherwise improved at the expense of the whole community, the landlords

refused to pay taxes promptly, just as they refused to pay them on land

that they had bought privately. What was the result? "Some of our

wealthiest citizens," reported the Controller in 1831, "are in the habit

of postponing the payment of taxes for six months and more, and the

Common Council are necessitated to borrow money on interest to meet the

ordinary disbursements of the city."[111] If a man of very moderate

means were backward in payment of taxes, the city promptly closed him

out, and if a tenant of any of these delinquent landlords were

dispossessed for non-payment of rent, the city it was which undertook

the process of eviction. The rich landlord, however, could do as he

pleased, since all government represented his interests and those of his

class. Instead of the punishment for non-payment of taxes being visited

upon him, it was imposed upon the whole community in the form of

interest-bearing bonds.

PILLAGE, PROFITS AND LAND.

The money that Astor secured by robbing the Indians and exploiting the

workers by means of monopolies, he thus put largely into land. In 1810,

a story runs, he offers to sell a Wall Street lot for $8,000. The price

is so low that a buyer promptly appears. "Yes, you are astonished,"

Astor says. "But see what I intend to do with that eight thousand

dollars. That Wall Street lot, it is true, will be worth twelve thousand

dollars in a few years. But I shall take that eight thousand dollars

and buy eighty lots above Canal street and by the time your one lot is

worth twelve thousand dollars, my eighty lots will be worth eighty

thousand dollars." So goes one of the fine stories told to illustrate

his foresight, and to prove that his fortune came exclusively from that

faculty and from his industry.

This version bears all the impress of being undoubtedly a fraud. Astor

was remarkably secretive and dissembling, and never revealed his plans

to anyone. That he bought the lots is true enough, but his attributed

loquacity is mythical and is the invention of some gushing eulogist. At

that time he was buying for $200 or $300 each many lots on lower

Broadway, then, for the most part, an unoccupied waste. What he was

counting upon was the certain growth of the city and the vastly

increasing values not that he would give his land, but which would

accrue from the labor of an enlarged population. These lots are now

occupied by crowded business buildings and are valued at from $300,000

to $400,000 each.

Throughout those years in the first decade of the nineteenth century he

was constantly buying land on Manhattan Island. Practically all of it

was bought, not with the idea of using it, but of holding it and

allowing future populations to make it a thousand times more valuable.

An exception was his country estate of thirteen acres at Hurlgate

(Hellgate) in the vicinity of Sixtieth street and the East River. It was

curious to look back at the fact that less than a century ago the upper

regions of Manhattan Island were filled with country estates--regions

now densely occupied by huge tenement houses and some private dwellings.

In those days, not less than in these, a country seat was considered a

necessary appendage to the possessions of a rich man. Astor bought that

Hurlgate estate as a country seat; but as such it was long since

discontinued although the land comprising it has never left the hold of

the Astor family.

What were the intrinsic circumstances of the means by which he bought

land, now worth hundreds of millions of dollars? For once, we get a

gleam of the truth, but a gleam only, in the "popular writer's" account

when he says: "John Jacob Astor's record is constantly crossed by

embarrassed families, prodigal sons, mortgages and foreclosure sales.

Many of the victims of his foresight were those highest in church and

state. He thus acquired for $75,000 one-half of Governor George

Clinton's splendid Greenwich country place [in the old Greenwich village

on the west side of Manhattan Island].... After the Governor's death, he

kept persistently at the heirs, lent them money and acquired additional

slices of the family property.... Nearly two-thirds of the Clinton farm

is now held by Astor's descendants, and is covered by scores of business

buildings, from which is derived an annual income estimated at

$500,000."

THE FATE OF OTHERS HIS GAIN.

In this transaction we see the beginnings of that period of conquest on

the part of the very rich using their surplus capital in effacing the

less rich--a period which really opened with Astor and which has been

vastly intensified in recent times. Clinton was accounted a rich man in

his day, but he was a pigmy in that respect compared to Astor. With his

incessant inflow of surplus wealth, Astor was in a position where on the

instant he could take advantage of the difficulties of less rich men and

take over to himself their property. A large amount of Astor's money was

invested in mortgages. In times of periodic financial and industrial

distress, the mortgagers were driven to extremities and could no longer

keep up their payments. These were the times that Astor waited for, and

it was in such times that he stepped in and possessed himself, at

comparatively small expense, of large additional tracts of land.

It was this way that he became the owner of what was then the Cosine

farm, extending on Broadway from Fifty-third to Fifty-seventh streets

and westward to the Hudson River. This property, which he got for

$23,000 by foreclosing a mortgage, is now in the very heart of the city,

filled with many business, and every variety of residential, buildings,

and is rated as worth $6,000,000. By much the same means he acquired

ownership of the Eden farm in the same vicinity, coursing along Broadway

north from Forty-second street and slanting over to the Hudson River.

This farm lay under pledges for debt and attachments for loans. Suddenly

Astor turned up with a third interest in an outstanding mortgage,

foreclosed, and for a total payment of $25,000 obtained a sweep of

property now covered densely with huge hotels, theaters, office

buildings, stores and long vistas of residences and tenements--a

property worth at the very least $25,000,000. Any one with sufficient

security in land who sought to borrow money would find Astor extremely

accommodating. But woe betide the hapless borrower, whoever he was, if

he failed in his obligations to the extent of even a fraction of the

requirements covered by law! Neither personal friendship, religious

considerations nor the slightest feelings of sympathy availed.

But where law was insufficient or non-existent, new laws were created

either to aggrandize the powers of landlordship, or to seize hold of

land or enchance its value, or to get extraordinary special privileges

in the form of banking charters. And here it is necessary to digress

from the narrative of Astor's land transactions and advert to his

banking activities, for it was by reason of these subordinately, as well

as by his greater trade revenues, that he was enabled so successfully to

pursue his career of wealth-gathering. The circumstances as to the

origin of certain powerful banks in which he and other landholders and

traders were large stockholders, the methods and powers of those banks,

and their effect upon the great body of the people, are component parts

of the analytic account of his operations. Not a single one of Astor's

biographers has mentioned his banking connections. Yet it is of the

greatest importance to describe them, inasmuch as they were closely

intertwined with his trade, on the one hand, and with his land

acquisitions, on the other.

FOOTNOTES:

[90] Doc. No. 13, State Papers, Second Session, 18th Congress, Vol. ii.

[91] "Stole on a monstrous scale." The land frauds, by which many of the

Southern planters obtained estates in Louisiana, Mississippi and other

States were a national scandal. Benjamin F. Linton, United States

Attorney for Western Louisiana, reported to President Andrew Jackson on

August 27, 1835, that in seizing possession of Government land in that

region "the most shameful frauds, impositions and perjuries had been

committed in Louisiana." Sent to investigate, V. M. Garesche, an agent

of the Government Land Office, complained that he could get no one to

testify. "Is it surprising," he wrote to the Secretary of the Treasury,

"when you consider that those engaged in this business belong to every

class of society from the member of the Legislature (if I am informed

correctly) down to the quarter quarter-section settler!" Up to that time

the Government held title to immense tracts of land in the South and had

thrown it open to settlers. Few of these were able to get it, however.

Southern plantation men and Northern capitalists and speculators

obtained possession by fraud. "A large company," Garesche reported, "was

formed in New York for the purpose, and have an agent who is continually

scouring the country." The final report was a whitewashing one; hence,

none of the frauds was sent to jail.--Doc. No. 168, Twenty-fourth

Congress, 2d Session, ii:4-25, also Doc. No. 213, Ibid.

[92] "America," admits Houghton, "never presented a more shameful

spectacle than was exhibited when the courts of the cotton-growing

regions united with the piratical infringers of Whitney's rights in

robbing their greatest benefactor.... In spite of the far-reaching

benefits of his invention, he had not realized one dollar above his

expenses. He had given millions upon millions of dollars to the

cotton-growing states, he had opened the way for the establishment of

the vast cotton-spinning interests of his own country and Europe, and

yet, after fourteen years of hard labor, he was a poor man, the victim

of wealthy, powerful, and, in his case, a dishonest class."--"Kings of

Fortune":337. All other of Whitney's biographers relate likewise.

[93] See Senate Documents, First Session, 24th Congress, 1835, Vol. vi,

Doc. No. 425. A few extracts from the great mass of correspondence will

lucidly show the nature of the fraudulent methods. Writing from

Columbus, Georgia, on July 15, 1833, Col. John Milton informed the War

Department ... "Many of them [the Indians] are almost starved, and

suffer immensely for the things necessary to the support of life, and

are sinking in moral degradation. They have been much corrupted by white

men who live among them, who induce them to sell to as many different

individuals as they can, and then cheat them out of the proceeds."...

(p. 81.) Luther Blake wrote to the War Department from Fort Mitchell,

Alabama, on September 11, 1833 ... "Many, from motives of speculation,

have bought Indian reserves fraudulently in this way--take their bonds

for trifles, pay them ten or twenty dollars in something they do not

want, and take their receipts for five times the amount." (p. 86). On

February 1, 1834, J. H. Howard, of Pole-Cat Springs, Creek Nation, sent

a communication, by request, to President Jackson in which he said, ...

"From my own observation, I am induced to believe that a number of

reservations have been paid for at some nominal price, and the principal

consideration has been whisky and homespun" ... (p. 104). Gen. J. W. A.

Sandford, sent by President Jackson to the Creek country to investigate

the charges of fraud, wrote, on March 1, 1834, to the War Department,

... "It is but very recently that the Indian has been invested with an

individual interest in land, and the great majority of them appear

neither to appreciate its possession, nor to economize the money for

which it is sold; the consequence is, that the white man rarely suffers

an opportunity to pass by without swindling him out of both".... (p.

110).

The records show that the principal beneficiaries of these swindles were

some of the most conspicuous planters, mercantile firms and politicians

in the South. Frequently, they employed dummies in their operations.

[94] Reports of House Committees, Second Session, 26th Congress,

1840-41, Report No. 1.

[95] Ibid., 1 and 2.

[96] Executive Documents, First Session, 23rd Congress, 1833-34, Doc.

No. 132.

[97] Senate Documents, First Session, 22nd Congress, 1831-33, Vol. iii,

Doc. No. 139.

[98] "No inventor," reported the United States Commissioner of Patents

in 1858, "probably has ever been so harassed, so trampled upon, so

plundered by that sordid and licentious class of infringers known in the

parlance of the world, with no exaggeration of phrase as 'pirates.' The

spoliation of their incessant guerilla upon his defenseless rights have

unquestionably amounted to millions."

[99] Doc. No. 134, Twenty-fourth Congress, 2d Session, Vol. ii.

[100] Doc. 129, State Papers, 1819-21, Vol. ii.

[101] See Part I, Chapter II.

[102] "Allowed itself." The various New York legislatures from the end

of the eighteenth century on were hotbeds of corruption. Time after time

members were bribed to pass bills granting charters for corporations or

other special privileges. (See the numerous specific instances cited in

the author's "History of Tammany Hall," and subsequently in this work.)

The Legislature of 1827 was notoriously corrupt.

[103] Journal of the [New York] Senate, 1815:216--Journal of the [New

York] Assembly, 1818:261; Journal of the Assembly, 1819. Also "A

Statement and Exposition of The Title of John Jacob Astor to the Lands

Purchased by him from the surviving children of Roger Morris and Mary,

his Wife"; New York, 1827.

[104] MSS. Minutes of the (New York City) Common Council, xvi:239-40 and

405.

[105] Ibid., xx: 355-356.

[106] MSS. Minutes of the Common Council, xiii: 118 and 185.

[107] MSS. Minutes of the Common Council, xvii: 141-144. See also Annual

Report of Controller for 1849, Appendix A.

[108] MSS. Minutes of the Common Council, xviii: 411-414.

[109] Doc. No. 33, Documents of the Board of Aldermen, xxii:26.

[110] Proceedings of the Board of Aldermen, 1832-33, iv: 416-418.

[111] Controller's Reports for 1831:7. Also Ibid. for 1841:28.

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