CHAPTER IV

THE RAMIFICATIONS OF THE ASTOR FORTUNE

Astor flourished at that precise time when the traders and landowners,

flushed with revenues, reached out for the creation and control of the

highly important business of professionally dealing in money, and of

dictating, personally and directly, what the supply of the people's

money should be.

This signalized the next step in the aggrandizement of individual

fortunes. The few who could center in themselves, by grace of

Government, the banking and manipulation of the people's money and the

restricting or inflating of money issues, were immediately vested with

an extraordinary power. It was a sovereign power at once coercive and

proscriptive, and a mighty instrument for transferring the produce of

the many to a small and exclusive coterie. Not merely over the labor of

the whole working class did this gripping process extend, but it was

severely felt by that large part of the landowning and trading class

which was excluded from holding the same privileges. The banker became

the master of the master. In that fierce, pervading competitive strife,

the banks were the final exploiters. Sparsely organized and wholly

unprotected, the worker was in the complete power of the trader,

manufacturer and landowner; in turn, such of these divisions of the

propertied class as were not themselves sharers in the ownership of

banks were at the mercy of the banking institutions.

At any time upon some pretext or other, the banks could arbitrarily

refuse the latter class credit or accommodation, or harass its victims

in other ways equally as destructive. As business was largely done in

expectations of payment, in other words, credit, as it is now, this was

a serious, often a desperate, blow to the lagging or embarrassed

brothers in trade. Banks were virtually empowered by law to ruin or

enrich any individual or set of individuals. As the banks were then

founded and owned by men who were themselves traders or landholders,

this power was crushingly used against competitors. Armed with the

strong power of law, the banks overawed the mercantile world, thrived on

the industry, misfortune or ruin of others, and swayed politics and

elections. The bank men loaned money to themselves at an absurdly low

rate of interest. But for loans of money to all others they demanded a

high rate of interest which, in periods of commercial distress,

overwhelmed the borrowers. Nominally banks were restricted to a certain

standard rate of interest; but by various subterfuges they easily evaded

these provisions and exacted usurious rates.

BANKS AND THEIR POWER.

These, however, were far from being the worst features. The most

innocent of their great privileges was that of playing fast and loose

with the money confidingly entrusted to their care by a swarm of

depositors who either worked for it, or for the matter of that, often

stole it; bankers, like pawnbrokers, ask no questions. The most

remarkable of their vested powers was that of manufacturing money. The

industrial manufacturer could not make goods unless he had the plant,

the raw material and the labor. But the banker, somewhat like the

fabled alchemists, could transmute airy nothing into bank-note money,

and then, by law, force its acceptance. The lone trader or landholder

unsupported by a partnership with law could not fabricate money. But let

trader and landholder band in a company, incorporate, then persuade,

wheedle or bribe a certain entity called a legislature to grant them a

certain bit of paper styled a charter, and lo! they were instantly

transformed into money manufacturers.

A MANDATE TO PREY.

The simple mandate of law was sufficient authorization for them to prey

upon the whole world outside of their charmed circle. With this scrap of

paper they could go forth on the highways of commerce and over the farms

and drag in, by the devious, absorbent processes of the banking system,

a great part of the wealth created by the actual producers. As it was

with taxation, so was it with the burdens of this system; they fell

largely upon the worker, whether in the shop or on the farm. When the

business man and the landowner were compelled to pay exorbitant rates of

interest they but apparently had to meet the demands. What these classes

really did was to throw the whole of these extra impositions upon the

working class in the form of increased prices for necessaries and

merchandise and in augmented rents.

But how were these State or Government authorizations, called charters,

to be obtained? Did not the Federal Constitution prohibit States from

giving the right to banks to issue money? Were not private money

factories specifically barred by that clause of the Constitution which

declared that no State "shall coin money, emit bills of credit, or make

anything but gold or silver a tender in payment of debts?"

Here, again, the power of class domination of Government came into

compelling effect. The onward sweep of the trading class was not to be

balked by such a trifling obstacle as a Constitutional provision. At all

times when the Constitution has stood in the way of commercial aims it

has been abrogated, not by repeal nor violent overthrow, but by the

effective expedient of judicial interpretation. The trading class

demanded State created banks with power of issuing money; and, as the

courts have invariably in the long run responded to the interests and

decrees of the dominant class, a decision was quickly forthcoming in

this case to the effect that "bills of credit" were not meant to cover

banknotes. This was a new and surprising construction; but judicial

decision and precedent made it virtually law, and law a thousandfold

more binding than any Constitutional insertion.

COURTS AND CONSTITUTION.

The trading class had already learned the importance of the principle

that while it was essential to control law-making bodies, it was

imperative to have as their auxiliary the bodies that interpreted law.

To a large extent the United States since then has lived not under

legislative-made law, but under a purely separate and extraneous form of

law which has superseded the legislature product, namely, court law.

Although nowhere in the United States Constitution is there even the

suggestion that courts shall make law, yet this past century and more

they have been gradually building up a formidable code of

interpretations which substantially ranks as the most commanding kind of

law. And these interpretations have, on the whole, consistently

followed, and kept pace with, the changing interests of the dominant

class, whether traders, slaveholders, or the present trusts.

This decision of the august courts opened the way for the greatest orgy

of corruption and the most stupendous frauds. In New York,

Massachusetts, New Jersey, Pennsylvania, Maryland, and other States a

continuous rush to get bank charters ensued. Most of the legislatures

were composed of men who, while perhaps, not innately corrupt, were

easily seduced by the corrupt temptations held out by the traders. There

was a deep-seated hostility, in many parts of the country, on the part

of the middling tradesmen--the shopkeepers and the petty merchants--to

any laws calculated to increase the power and the privileges of the

superior traders and the landowners. Among the masses of workers, most

of whom were, however, disfranchised, any attempt to vest the rich with

new privileges, was received with the bitterest resentment. But the

legislatures were approachable; some members who were put there by the

rich families needed only the word as to how they should vote, while

others, representing both urban and rural communities, were swayed by

bribes. By one means or another the traders and landholders forced the

various legislatures into doing what was wanted.

Omitting the records of other States, a few salient facts as to what

took place in New York State will suffice to give a clear idea of some

of the methods of the trading class in pressing forward their conquests,

in hurling aside every impediment, whether public opinion or law, and in

creating new laws which satisfied their extending plans for a

ramification of profit-producing interests. If forethought, an

unswerving aim and singleness of execution mean anything, then there

was something sternly impressive in the way in which this rising

capitalist class went forward to snatch what it sought, and what it

believed to be indispensable to its plans. There was no hesitation, nor

were there any scruples as to niceties of methods; the end in view was

all that counted; so long as that was attained, the means used were

considered paltry side-issues. And, indeed, herein lies the great

distinction of action between the world-old propertied classes and the

contending proletariat; for whereas the one have always campaigned

irrespective of law and particularly by bribery, intimidation,

repression and force, the working class has had to confine its movement

strictly to the narrow range of laws which were expressly prepared

against it and the slightest violation of which has called forth the

summary vengeance of a society ruled actually, if not theoretically, by

the very propertied classes which set at defiance all law.

THE BANKING FRAUDS BEGIN.

The chartered monopoly held by the traders who controlled the United

States Bank was not accepted passively by others of the commercial

class, who themselves wanted financial engines of the same character.

The doctrine of State's rights served the purpose of these excluded

capitalists as well as it did that of the slaveholders.

The States began a course of reeling out bank charters. By 1799 New York

City had one bank, the Bank of New York; this admixed the terrorism of

trade and politics so overtly that presently an opposition application

for a charter was made. This solitary bank was run by some of the old

landowning families who fully understood the danger involved in the

triumph of the democratic ideas represented by Jefferson; a danger far

overestimated, however, since win as democratic principles did, the

propertied class continued its victorious march, for the simple reason

that property was able to divert manhood suffrage to its own account,

and to aggrandize itself still further on the ruins of every subsequent

similar reform expedient. What the agitated masses, for the most part,

of that period could not comprehend was that they who hold the

possession of the economic resources will indubitably sway the politics

of a country, until such time as the proletariat, no longer divided but

thoroughly conscious, organized, and aggressive, will avail itself of

its majority vote to transfer the powers of government to itself. The

Bank of New York injected itself virulently into politics and fought the

spread of democratic ideas with sordid but effective weapons. If a

merchant dared support what it denounced as heretical doctrines, the

bank at once black-listed him by rejecting his notes when he needed cash

most.

It was now that Aaron Burr, that adroit leader of the opposition party,

stepped in. Seconded or instigated by certain traders, he set out to get

one of those useful and invaluable bank charters for his backers. The

explanation of how he accomplished the act is thus given: Taking

advantage of the epidemic of yellow fever then desolating New York City,

he, with much preliminary of philanthropic motives, introduced a bill

for the apparent beneficent purpose of diminishing the future

possibility of the disease by incorporating a company, called the

Manhattan Company, to supply pure, wholesome water. Supposing that the

charter granted nothing more than this, the explanation goes on, the

Legislature passed the bill, and was most painfully surprised and

shocked when the fact came out that the measure had been so deftly

drawn, that it, in fact, granted an unlimited charter, conferring

banking powers on the company.[112]

This explanation is probably shallow and deficient. It is much more

likely that bribery was resorted to, considering the fact that the

granting of every successive bank charter was invariably accompanied by

bribery. Six years later the Mercantile Bank received a charter for a

thirteen years' period--a charter which, it was openly charged by

certain members of the Assembly, was secured by bribery. These charges

were substantially proved by the testimony before a legislative

investigating committee.[113] In 1811 the Mechanics' Bank was chartered

with a time limit under circumstances indicating bribery.

Indeed, so often was bribing done and so pronounced were charges of

corruption at frequent sessions of the Legislature, that in 1812, the

Assembly, in an heroic spasm of impressive virtue, passed a resolution

compelling each member to pledge himself that he had neither taken, nor

would take, "any reward or profit, direct or indirect, for any vote on

any measure."[114] This resolution was palpably intended to blind the

public; for, in that identical year, the Bank of America received a

charter amid charges of flagrant corruption. One Assemblyman declared

under oath that he had been offered the sum of $500, "besides, a

handsome present for his vote."[115] All of the banks, except the

Manhattan, had limited charters; measures for the renewal of these were

practically all put through by bribery.[116] Thus, in 1818, the charter

of the Merchants' Bank was renewed until 1832, and renewed after that.

The chartering of the Chemical Bank (that staid and most eminently

respectable and solid New York institution of to-day) was accomplished

by bribery. The Chemical Bank was an outgrowth of the Chemical

Manufacturing Company, the plant and business of which were bought

expressly as an excuse to get a banking auxiliary. The Goelet brothers

were among the founders of this bank. In fact, many of the great landed

fortunes were inseparably associated with the frauds of the banking

system; money from land was used to bribe legislatures, and money made

from the banks was employed in buying more land. The promoters of the

Chemical Bank set aside a considerable sum of money and $50,000 in stock

for the bribery fund.[117] No sooner had it received its charter than it

began to turn out reams of paper money, based upon no value, which paper

was paid as wages to its employees as well as circulated generally. So

year after year the bribery went on industriously, without cessation.

BRIBERY A CRIME IN NAME ONLY.

Were the bribers ever punished, their illicitly gotten charters declared

forfeited, and themselves placed under the ban of virtuous society?

Far, very far, from it! The men who did the bribing were of the very

pinnacle of social power, elegance and position, or quickly leaped to

that height by reason of their wealth. They were among the foremost

landholders and traders of the day. By these and a wide radius of

similar means, they amassed wealth or greatly increased wealth already

accumulated. The ancestors of some of the most conspicuous

multimillionaire families of the present were deeply involved in the

perpetration of all of those continuous frauds and crimes--Peter Goelet

and his sons, Peter P. and Robert, for instance, and Jacob Lorillard,

who, for many years, was president of the Mechanics' Bank. No stigma

attached to these wealth-graspers. Their success as possessors of riches

at once, by the automatic processes of a society which enthroned wealth,

elevated them to be commanding personages in trade, politics, orthodoxy

and the highest social spheres. The cropped convict, released from

prison, was followed everywhere by the jeers and branding of a society

which gloated over his downfall and which forever reminded him of his

infamy. But the men who waded on to wealth through the muck of base

practices and by means of crimes a millionfold more insidious and

dangerous than the offense of the convict, were not only honored as

leading citizens, but they became the extolled and unquestioned

dictators of that supreme trading society which made modes, customs and

laws.

It was a society essentially built upon money; consequently he who was

dexterous enough to get possession of the spoils, experienced no

difficulty in establishing his place among the elect and anointed. His

frauds were forgotten or ignored; only the fact that he was a rich man

was remembered. And yet, what is more natural than to seek, and accept,

the obeisance lavished upon property, in a scheme of society where

property is crowned as the ruling power? In the rude centuries

previously mankind exalted physical prowess; he who had the greatest

strength and wielded the deftest strokes became victor of the judicial

combat and gathered in laurels and property. But now we have arrived at

the time when the cunning of mind supplants the cunning of muscle;

bribery takes the place of brawn; the contestants fight with statutes

instead of swords. And this newer plan, which some have decried as

degenerate, is a great advance over the old, for thereby has brute force

been legally abandoned in personal quarrels at least, and that cunning

of mind which has held sway, is the first evidence of the reign of mind,

which from a low order, will universally develop noble and supereminent

qualities charged with the good, and that alone, of the human race.

ASTOR'S BANKING ACTIVITIES.

With this preliminary sketch, we can now proceed to a consideration of

how Astor profited from the banking system. We see that constantly the

bold spirits of the trading class, with a part of the money made or

plundered in some direction or other, were bribing representative bodies

to give them exceptional rights and privileges which, in turn, were made

the fertile basis for further spoliation. Astor was a stockholder in at

least four banks, the charters of which had been obtained or renewed by

trickery and fraud, or both. He owned 1,000 shares of the capital stock

of the Manhattan Company; 1,000 of the Merchant's Bank; 500 of the Bank

of America; 1,604 of the Mechanic's Bank. He also owned at one time

considerable stock in the National Bank, the charter of which, it was

strongly suspected had been obtained by bribery.

There is no evidence that he, himself, did the actual bribing or was in

any way concerned in it. In all of the legislative investigations

following charges of bribery, the invariable practice was to throw the

blame upon the wicked lobbyists, while professing the most naive

astonishment that any imputations should be cast upon any of the members

of the honorable Legislature. As for the bribers behind the scenes,

their names seldom or never were brought out or divulged. In brief,

these investigations were all of that rose-water order, generally termed

"whitewashing." But whether Astor personally bribed or not, he at any

rate consciously profited from the results of bribery; and, moreover, it

is not probable that his methods in the East were different, except in

form, from the debauching and exploitation that he made a system of in

the fur regions. It is not outside the realm of reasonable conjecture to

suppose that he either helped to debauch, or connived at the corruption

of legislatures, just as in another way he debauched Indian tribes.

Furthermore his relations with Burr in one notorious transaction, are

sufficient to justify the conclusion that he held the closest business

relations with that political adventurer who lived next door to him at

No. 221 Broadway. This transaction was one which was partially the

outcome of the organization of the Manhattan Bank and was a source of

millions of dollars of profit to Astor and to his descendants.

A century or more ago Trinity Church owned three times the extent of

even the vast real estate that it now holds. A considerable part of this

was the gift of that royal governor Fletcher, who, as has been set

forth, was such a master-hand at taking bribes. There long existed a

contention upon the part of New York State, a contention embodied in

numerous official records, that the land held for centuries by Trinity

Church was usurped; that Trinity's title was invalid and that the real

title vested in the people of the city of New York. In 1854-55 the Land

Commissioners of New York State, deeply impressed by the facts as

marshalled by Rutger B. Miller,[118] recommended that the State bring

suit. But with the filing of Trinity's reply, mysterious influences

intervened and the matter was dropped. These influences are frequently

referred to in aldermanic documents.

To go back, however: In 1767 Trinity Church leased to Abraham Mortier,

for ninety-nine years, at a total annual rental of $269 a year, a

stretch of land comprising 465 lots in what is now the vicinity bounded

by Greenwich, Spring and Hudson streets. Mortier used it as a country

place until 1797 when the New York Legislature, upon the initiative of

Burr, developed a consuming curiosity as to how Trinity Church was

expending its income. This was a very ticklish question with the pious

vestrymen of Trinity, as it was generally suspected that they were

commingling business and piety in a way that might, if known, cause them

some trouble. The law, at that time, restricted the annual income of

Trinity Church from its property to $12,000 a year. A committee of

investigation was appointed; of this committee Burr was made chairman.

HOW ASTOR SECURED A LEASE.

Burr never really made any investigation. Why? The reason soon came out,

when Burr turned up with a transfer of the Mortier lease to himself. He

at once obtained from the Manhattan Bank a $38,000 loan, pledging the

lease as security. When his duel with Hamilton forced Burr to flee the

country, Astor promptly came along and took the lease off his hands.

Astor, it was said, paid him $32,000 for it, subject to the Manhattan

Bank's mortgage. At any rate, Astor now held this extraordinarily

valuable lease.[119] He immediately released it in lots; and as the city

fast grew, covering the whole stretch with population and buildings, the

lease was a source of great revenue to him and to his heirs.[120] As a

Lutheran, Astor could not be a vestryman of Trinity Church. Anthony

Lispenard, however, it may be passingly noted, was a vestryman, and, as

such, mixed piety and business so well, that his heirs became possessed

of millions of dollars by the mere fact that in 1779, when a vestryman,

he got a lease, for eighty-three years of eighty-one Trinity lots

adjacent to the Astor leased land, at a total annual rental of

$177.50.[121]

It was by the aid of the banking system that the trading class was

greatly enabled to manipulate the existing and potential resources of

the country and to extend invaluable favors to themselves. In this

system Astor was a chief participant. For many years the banks,

especially in New York State, were empowered by law to issue paper money

to the extent of three times the amount of their capital. The actual

specie was seized hold of by the shippers, and either hoarded, or

exported in quantities to Asia or Europe which, of course, would not

handle paper money. By 1819 the banks in New York had issued

$12,500,000, and the total amount of specie to redeem this fiat stuff

amounted to only $2,000,000. These banknotes were nothing more or less

than irresponsible promises to pay. What became of them?

WHAT THE WORKER GOT AS WAGES.

What, indeed, became of them? They were imposed upon the working class

as payment for labor. Although these banknotes were subject to constant

depreciation, the worker had to accept them as though they were full

value. But when the worker went to buy provisions or pay rent, he was

compelled to pay one-third, and often one-half, as much as the value

represented by those banknotes. Sometimes, in crises, he could not get

them cashed at all; they became pitiful souvenirs in his hands. This

fact was faintly recognized by a New York Senate Committee when it

reported in 1819 that every artifice in the wit of man had been devised

to find ways of putting these notes into circulation; that when the

merchant got this depreciated paper, he "saddled it upon the departments

of productive labor." "The farmer and the mechanic alike," went on the

report, "have been invited to make loans and have fallen victims to the

avarice of the banker. The result has been the banishment of metallic

currency, the loss of commercial confidence, fictitious capital,

increase of civil prosecutions and multiplication of crimes."[122] What

the committee did not see was that by this process those in control of

the banks had, with no expenditure, possessed themselves of a

considerable part of the resources of the country and had made the

worker yield up twice and three times as much of the produce of his

labor as he had to give before the system was started.

The large amount of paper money, without any basis of value whatever,

was put out at a heavy rate of interest. When the merchant paid his

interest, he charged it up as extra cost on his wares; and when the

worker came to buy these same wares which he or some fellow-worker had

made, he was charged a high price which included three things all thrown

upon him: rent, interest and profit. The banks indirectly sucked in a

large portion of these three factors. And so thoroughly did the banks

control legislation that they were not content with the power of issuing

spurious paper money; they demanded, and got through, an act exempting

bank stock from taxation.

Thus year after year this system went on, beggaring great numbers of

people, enriching the owners of the banks and virtually giving them a

life and death power over the worker, the farmer and the floundering,

struggling small business man alike. The laws were but slightly

altered. "The great profits of the banks," reported a New York Senate

Committee on banks and insurance in 1834, "arise from their issues. It

is this privilege which enables them, in fact, to coin money, to

substitute their evidences of debt for a metallic currency and to loan

more than their actual capitals. A bank of $100,000 capital is permitted

to loan $250,000; and thus receive an interest on twice and a half the

amount actually invested."[123]

THE WORKINGMEN'S PARTY PROTEST.

It cannot be said that all of the workingmen were apathetic, or that

some did not see through the fraud of the system. They had good reason

for the deepest indignation and exasperation. The terrible injustices

piled upon them from every quarter--the low wages that they were forced

to accept, often in depreciated or worthless banknotes, the continually

increasing exactions of the landlords, the high prices squeezed out of

them by monopolies, the arbitrary discriminations of law--these were not

without their effect. The Workingmen's Party, formed in 1829 in New York

City, was the first and most ominous of these proletarian uprisings. Its

resolutions read like a proletarian Declaration of Independence, and

would unquestionably have resulted in the most momentous agitation, had

it not been that it was smothered by its leaders, and also because the

slavery issue long obscured purely economic questions. "Resolved," ran

its resolutions adopted at Military Hall, Oct. 19, 1829,

in the opinion of this meeting, that the first appropriation of

the soil of the State to private and exclusive possession was

eminently and barbarously unjust. That it was substantially feudal

in its character, inasmuch as those who received enormous and

unequal possessions were _lords_ and those who received little or

nothing were _vassals_. That hereditary transmission of wealth on

the one hand and poverty on the other, has brought down to the

present generation all the evils of the feudal system, and that,

in our opinion, is the prime source of all our calamities.

After declaring that the Workingmen's Party would oppose all exclusive

privileges, monopolies and exemptions, the resolutions proceeded:

We consider it an exclusive privilege for one portion of the

community to have the _means of education in colleges_, while

another is restricted to common schools, or, perhaps, by extreme

poverty, even deprived of the limited education to be acquired in

those establishments. Our voice, therefore, shall be raised in

favor of a system of education which shall be equally open to

_all_, as in a real republic, it should be.

Finally the resolutions told what the Workingmen's Party thought of the

bankers and the banking system. The bankers were denounced as "the

greatest knaves, impostors and paupers of the age." The resolutions went

on:

As banking is now conducted, the owners of the banks receive

annually of the people of the State not less than two millions of

dollars in their paper money (and it might as well be pewter

money) for which there is and can be nothing provided for its

redemption on demand....

The mockery that went up from all that was held influential, respectable

and stable when these resolutions were printed, was echoed far and wide.

They were looked upon first as a joke, and then, when the Workingmen's

Party began to reveal its earnestness and strength, as an insolent

challenge to constituted authority, to wealth and superiority, and as a

menace to society.

RADICALISM VERSUS RESPECTABILITY.

The "Courier and Enquirer," owned by Webb and Noah, in the pay of the

United States Bank, burst out into savage invective. It held the

Workingmen's Party up to opprobrium as an infidel crowd, hostile to the

morals and the institutions of society, and to the rights of property.

Nevertheless the Workingmen's Party proceeded with an enthusiastic,

almost ecstatic, campaign and polled 6,000 votes, a very considerable

number compared to the whole number of voters at the time.

By 1831, however, it had gone out of existence. The reason was that it

allowed itself to be betrayed by the supineness, incompetence, and as

some said, the treachery, of its leaders, who were content to accept

from a Legislature controlled by the propertied interests various

mollifying sops which slightly altered certain laws, but which in no

great degree redounded to the benefit of the working class. For a few

bits of counterfeit, this splendid proletarian uprising, glowing with

energy, enthusiasm and hope, allowed itself to be snuffed out of

existence.

What a tragedy was there! And how futile and tragic must inevitably be

the fate of any similar movement which depends not upon itself, not upon

its own intrinsic, collective strength and wisdom, but upon the say-so

of leaders who come forward to assume leadership. Representing only

their own timidity of thought and cowardice of action, they often end by

betraying the cause placed confidingly in their charge. That class which

for these immemorial generations has done the world's work, and as long

has been plundered and oppressed and betrayed, thus had occasion to

learn anew the bitter lesson taught by the wreckage of the past, that it

is from itself that the emancipation must come; that it is itself which

must essentially think, act and strike; that its forces, long torn

asunder and dispersed, must be marshalled in invulnerable compactness

and iron discipline; and so that its hosts may not again be routed by

strategy, no man or set of men should be entrusted with the irrevocable

power of executing its decrees, for too often has the courage, boldness

and strength of the many been shackled or destroyed by the compromising

weakness of the leaders.

THE PANIC OF 1837.

Passing over the Equal Rights movement in 1834, which was a diluted

revival of the Workingmen's Party, and which, also, was turned into

sterility by the treachery of its leaders, we arrive at the panic of

1837, the time when Astor, profiting from misfortune on every side,

vastly increased his wealth.

The panic of 1837 was one of those periodic financial and industrial

convulsions resulting from the chaos of capitalist administration. No

sooner had it commenced, than the banks refused to pay out any money,

other than their worthless notes. For thirty-three years they had not

only enjoyed immense privileges, but they had used the powers of

Government to insure themselves a monopoly of the business of

manufacturing money. In 1804 the Legislature of New York State had

passed an extraordinary law, called the restraining act. This

prohibited, under severe penalties, all associations and individuals not

only from issuing notes, but "from receiving deposits, making discounts

or transacting any other business which incorporated banks may or do

transact." Thus the law not only legitimatized the manufacture of

worthless money, but guaranteed a few banks a monopoly of that

manufacture. Another restraining act was passed in 1818. The banks were

invested with the sovereign privilege of depreciating the currency at

their discretion, and were authorized to levy an annual tax upon the

country, nearly equivalent to the interest on $200,000,000 of deposits

and circulation. On top of these acts, the Legislature passed various

acts compelling the public authorities in New York City to deposit

public money with the Manhattan Company. This company, although, as we

have seen, expressly chartered to supply pure water to the city of New

York, utterly failed to do so; at one stage the city tried to have its

charter revoked on the ground of failure to carry out its chartered

function, but the courts decided in the company's favor.[124]

At the outbreak of the panic of 1837, the New York banks held more than

$5,500,000 of public money. When called upon to pay only about a million

of that sum, or the premium on it, they refused. But far worse was the

experience of the general public. When they frantically besieged the

banks for their money, the bank officials filled the banks with heavily

armed guards and plug-uglies with orders to fire on the crowd in case a

rush was attempted.[125]

In every State conditions were the same. In May, 1837, not less than

eight hundred banks in the United States suspended payment, refusing a

single dollar to the Government whose deposits of $30,000,000 they held,

and to the people in general who held $120,000,000 of their notes. No

specie whatever was in circulation. The country was deluged with small

notes, colloquially termed shinplasters. Of every form and every

denomination from the alleged value of five cents to that of five

dollars, they were issued by every business individual or corporation

for the purpose of paying them off as wages to their employees. The

worker was forced to take them for his labor or starve. Moreover, the

shinplasters were so badly printed that it was not hard to counterfeit

them. The counterfeiting of them quickly became a regular business;

immense quantities of the stuff were issued. The worker never knew

whether the bills paid him for his work were genuine or counterfeit,

although essentially there was not any great difference in basic value

between the two.[126]

THE RESULTING WIDESPREAD DESTITUTION.

Now the storm broke. Everywhere was impoverishment, ruination and

beggary. Every bank official in New York City was subject to arrest for

the most serious frauds and other crimes, but the authorities took no

action. On the contrary, so complete was the dominance of the banks over

Government,[127] that they hurriedly got the Legislature to pass an act

practically authorizing a suspension of specie payments. The

consequences were appalling. "Thousands of manufacturing, mercantile,

and other useful establishments in the United States," reported a New

York Senate Committee, "have been broken down or paralyzed by the

existing crisis.... In all our great cities numerous individuals, who,

by a long course of regular business, had acquired a competency, have

suddenly been reduced, with their families to beggary."[128] New York

City was filled with the homeless and unemployed. In the early part of

1838 one-third of all the persons in New York City who subsisted by

manual labor, were wholly or substantially without employment. Not less

than 10,000 persons were in utter poverty, and had no other means of

surviving the winter than those afforded by the charity of neighbors.

The almshouses and other public and charitable institutions overflowed

with inmates, and 10,000 sufferers were still uncared for.

The prevailing system, as was pointed out even by the conventional and

futile reports of legislative committees, was one inevitably calculated

to fill the country with beggars, vagrants and criminals. This important

fact was recognized, although in a remote way, by De Beaumont and De

Tocqueville who, however, had no fundamental understanding of the deep

causes, nor even of the meaning of the facts which they so accurately

gathered. In their elaborate work on the penitentiary system in the

United States, published in 1833, they set forth that it was their

conclusion that in the four States, New York, Massachusetts, Connecticut

and Pennsylvania, the prison system of which they had fully

investigated, almost all of those convicted for crimes from 1800 to 1830

were convicted for offenses against property. In these four States,

collectively, with a population amounting to one-third of that of the

Union, not less than 91.29 out of every 100 convictions were for crimes

against property, while only 8.66 of every 100 were for crimes against

persons, and 4.05 of every 100 were for crimes against morals. In New

York State singly, 93.56 of every 100 convictions were for crimes

against property and 6.26 for crimes against persons.[129]

PROPERTY AND CRIME.

Thus we see from these figures filled with such tragic eloquence, the

economic impulse working at bottom, and the property system corrupting

every form of society. But here a vast difference is to be noted. Just

as in England the aristocracy for centuries had made the laws and had

enforced the doctrine that it was they who should wield the police power

of the State, so in the United States, to which the English system of

jurisprudence had been transplanted, the propertied interests,

constituting the aristocracy, made and executed the laws. De Beaumont

and De Tocqueville passingly observed that while the magistrates in the

United States were plebeian, yet they followed out the old English

system; in other words, they enforced laws which were made for, and by,

the American aristocracy, the trading classes.

The views, aims and interests of these classes were so thoroughly

intrenched in law that the fact did not escape the keen notice of these

foreign investigators. "The Americans, descendants of the English," they

wrote, "have provided in every respect for the rich and hardly at all

for the poor.... In the same country where the complainant is put in

prison, the thief remains at liberty, if he can find bail. Murder is the

only crime whose authors are not protected[130].... The mass of lawyers

see in this nothing contrary to their ideas of justice and injustice,

nor even to their democratic institutions."[131]

THE SYSTEM--HOW IT WORKED.

The system, then, frequently forced the destitute into theft and

mendicancy. What resulted? Laws, inconceivably harsh and brutal, enacted

by, and in behalf of, property rights were enforced with a rigor which

seems unbelievable were it not that the fact is verified by the records

of thousands of cases. Those convicted for robbery usually received a

life sentence; they were considered lucky if they got off with five

years. The ordinary sentence for burglary was the same, with variations.

Forgery and grand larceny were punishable with long terms, ranging from

five to seven years. These were the laws in practically all of the

States with slight differences. But they applied to whites only. The

negro slave criminal had a superior standing in law, for the simple

reason that while the whites were "free" labor, negroes were property,

and, of course, it did not pay to send slaves to prison. In Maryland and

in most Southern States, where the slaveholders were both makers and

executors of law, the slaves need have no fear of prison. "The slaves,

as we have seen before, are not subject to the Penal Code of the

whites; they are hardly ever sent to prison. Slaves who commit grave

crimes are hung; those who commit heinous crimes not punishable with

death are sold out of the State. In selling him care is taken that his

character and former life are not known, _because it would lessen his

price_." Thus wrote De Beaumont and De Tocqueville; and in so writing

they handed down a fine insight into the methods of that Southern

propertied class which assumed so exalted an opinion of its honor and

chivalry.

But the sentencing of the criminal was merely the beginning of a weird

life of horror. It was customary at that period to immure prisoners in

solitary confinement. There, in their small and reeking cells, filled

with damps and pestilential odors, they were confined day after day,

year after year, condemned to perpetual inactivity and silence. If they

presumed to speak, they were brutally lashed with the whip. They were

not allowed to write letters, nor to communicate with any member of

their family. But the law condescended to allow a minister to visit them

periodically in order to awaken their religious thoughts and preach to

them how bad a thing it was to steal! Many were driven stark mad or died

of disease; others dashed their brains out; while others, when finally

released, went out into the world filled with an overpowering hatred of

Society, and all its institutions, and a long-cherished thirst for

vengeance against it for having thus so cruelly misused them.

Such were the laws made by the propertied classes. But they were not

all. When a convict was released, the law allowed only three dollars to

be given him to start anew with. "To starve or to steal is too often the

only alternative," wrote John W. Edmonds, president of the New York

board of prison inspectors in 1844.[132] If the released convict did

steal he was nearly always sent back to prison for life.

Equally severe in their way were the laws applying to mendicants and

vagrants. Six months or a year in the penitentiary or workhouse was the

usual sentence. After the panic of 1837, crime, mendicancy, vagrancy and

prostitution tremendously increased, as they always do increase after

two events: war, which, when over, turns into civil life a large number

of men who cannot get work; and panics which chaotically uproot

industrial conditions and bring about widespread destitution. Although

undeniably great frauds had been committed by the banking class, not a

single one of that class went to jail. But large numbers of persons

convicted of crimes against property, and great batches of vagrants were

dispatched there, and also many girls and women who had been hurled by

the iron force of circumstances into the horrible business of

prostitution.

These were some of the conditions in those years. Let it not, however,

be supposed that the traders, bankers and landowners were impervious to

their own brand of sensibilities. They dressed fastidiously, went to

church, uttered hallelujahs, gave dainty receptions, formed associations

to dole out alms and--kept up prices and rents. Notwithstanding the

general distress, rents in New York City were greater than were paid in

any other city or village upon the globe.[133]

FOOTNOTES:

[112] Hammond's "Political History of the State of New York," 1:129-130.

[113] Journal of the [New York] Senate and Assembly, 1803:351 and 399.

[114] Ibid., 1812:134.

[115] Ibid., 1812:259-260. Frequently, in those days, the giving of

presents was a part of corrupt methods.

[116] "The members [of the Legislature] themselves sometimes

participated in the benefits growing out of charters created by their

own votes; ... if ten banks were chartered at one session, twenty must

be chartered the next, and thirty the next. The cormorants could never

be gorged. If at one session you bought off a pack of greedy lobby

agents ... they returned with increased numbers and more voracious

appetite."--Hammond, ii:447-448.

[117] Journal of the [New York] Senate, 1824:1317-1350. See also Chap.

VIII, Part II of this work.

[118] "Letter and Authentic Documentary Evidence in Relation to the

Trinity Church Property," etc., Albany, 1855. Hoffman, the best

authority on the subject, says in his work published forty-five years

ago: "Very extensive searches have proved unavailing to enable me to

trace the sources of the title to much of this upper portion of Trinity

Church property."--"State and Rights of the Corporation of New York,"

ii:189.

[119] In all of the official communications of Trinity Church up to 1867

this lease is referred to as the "Burr or Astor Lease."--"The

Communication of the Rector, Church Wardens and Vestrymen of Trinity

Church in the city of New York in reply to a resolution of the House,

passed March 4, 1854"; Document No. 130, Assembly Docs. 1854. Also

Document No. 45, Senate Docs. 1856. Upon returning from exile Burr tried

to break his lease to Astor, but the lease was so astutely drawn that

the courts decided in Astor's favor.

[120] In his descriptive work on New York City of a half century ago,

Matthew Hale Smith, in "Sunshine and Shadow in New York" (pp. 121-122),

tells this story: "The Morley [Mortier] lease was to run until 1867.

Persons who took the leases supposed that they took them for the full

term of the Trinity lease. [John Jacob] Astor was too far-sighted and

too shrewd for that. Every lease expired in 1864, leaving him [William

B. Astor, the founder's heir] the reversion for three years, putting him

in possession of all the buildings, and all of the improvements made on

the lots, and giving him the right of renewal." Smith's account is

faulty. Most of the leases expired in 1866. The value of the reversions

was very large.

[121] Docs. No. 130 [New York] Assembly Docs., 1854:22-23.

[122] Journal of the [New York] Senate, Forty-second Session,

1819:67-70.

[123] Doc. No. 108, [New York] Senate Documents, 1834, Vol. ii. The

committee stated that banks in the State outside of New York City, after

paying all expenses, divided 11 per cent. among the stockholders in 1833

and had on hand as surplus capital 16 per cent. on their capital. New

York City banks paid larger dividends.

[124] People of the State of New York vs. Manhattan Co.--Doc. No. 62,

Documents of the Board of Assistant Aldermen, 1832-33, Vol. ii.

[125] Doc. No. 68 [New York] Senate Docs., 1838, Vol. ii.

[126] Abridgement of the Debates of Congress, from 1789 to 1856,

xiii:426-427.

[127] In the course of this work, the word Government is frequently used

to signify not merely the functions of the National Government, but

those of the totality of Government, State and municipal, not less than

National.

[128] Doc. No. 49 [New York] Senate Docs., 1838, Vol. ii.

[129] "On the Penitentiary System in the United States," etc., by G. De

Beaumont and A. De Tocqueville, Appendix 17, Statistical Notes: 244-245.

[130] A complete error. Walling, for more than thirty years

Superintendent of Police of New York City, says in his "Memoirs" that he

never knew an instance of a rich murderer who was hanged or otherwise

executed. And have we all not noted likewise?

[131] "On the Penitentiary System," etc., 184-185.

[132] Prison Association of New York, Annual Reports, 1844-46. It is

characteristic of the origin of all of these charity associations, that

many of the founders of this prison association were some of the very

men who had profited by bribery and theft. Horace Greeley was actuated

by pure humanitarian motives, but such incorporators as Prosper Wetmore,

Ulshoeffer, and others were, or had been, notorious in lobbying by

bribing bank charters through the New York Legislature.

[133] "The New Yorker," Feb. 17, 1838.

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