A nation of outlaws

Wednesday, August 29th, 2007

Stephen Mihm notes that a century ago it was not China but America that was a nation of outlaws:

A committee of would-be reformers who met in Boston in 1859 launched one of the first studies of American food purity, and their findings make for less-than-appetizing reading: candy was found to contain arsenic and dyed with copper chloride; conniving brewers mixed extracts of “nux vomica,” a tree that yields strychnine, to simulate the bitter taste of hops. Pickles contained copper sulphate, and custard powders yielded traces of lead. Sugar was blended with plaster of Paris, as was flour. Milk had been watered down, then bulked up with chalk and sheep’s brains. Hundred-pound bags of coffee labeled “Fine Old Java” turned out to consist of three-fifths dried peas, one-fifth chicory, and only one-fifth coffee.

Though there was the occasional clumsy attempt at domestic reform by midcentury — most famously in response to the practice of selling “swill milk” taken from diseased cows force-fed a diet of toxic refuse produced by liquor distilleries — little changed. And just as the worst sufferers of adulterated food in China today are the Chinese, so it was the Americans who suffered in the early 19th-century United States. But when America started exporting food more broadly after the Civil War, the practice started to catch up to us.

One of the first international scandals involved “oleo-margarine,” a butter substitute originally made from an alchemical process involving beef fat, cattle stomach, and for good measure, finely diced cow, hog, and ewe udders. This “greasy counterfeit,” as one critic called it, was shipped to Europe as genuine butter, leading to a precipitous decline in butter exports by the mid-1880s. (Wily entrepreneurs, recognizing an opportunity, bought up genuine butter in Boston, affixed counterfeit labels of British butter manufacturers, and shipped them to England.) The same decade saw a similar, though less unsettling problem as British authorities discovered that lard imported from the United States was often adulterated with cottonseed oil.

Even worse was the meatpacking industry, whose practices prompted a trade war with several European nations. The 20th-century malfeasance of the industry is well known today: “deviled ham” made of beef fat, tripe, and veal byproducts; sausages made from tubercular pork; and, if Upton Sinclair is to be believed, lard containing traces of the occasional human victim of workplace accidents. But the international arena was the scene of some of the first scandals, most notably in 1879, when Germany accused the United States of exporting pork contaminated with trichinae worms and cholera. That led several countries to boycott American pork. Similar scares over beef infected with a lung disease intensified these trade battles.

Food, of course, was only the beginning. In the literary realm, for most of the 19th century the United States remained an outlaw in the world of international copyright. The nation’s publishers merrily pirated books without permission, and without paying the authors or original publishers a dime. When Dickens published a scathing account of his visit, “American Notes for General Circulation,” it was, appropriately enough, immediately pirated in the United States.

In one industry after another, 19th-century American producers churned out counterfeit products in remarkable quantities, slapping fake labels on locally made knockoffs of foreign ales, wines, gloves, and thread. As one expose at the time put it: “We have ‘Paris hats’ made in New York, ‘London Gin’ and ‘London Porter’ that never was in a ship’s hold, ‘Superfine French paper’ made in Massachusetts.”

Counterfeiters of patent medicines were especially notorious. This was a bit ironic, given that most of these remedies were pretty spurious already, but that didn’t stop the practice. The most elaborate schemes involved importing empty bottles, filling them with bogus concoctions, and then affixing fake labels from well-respected European firms.

Americans also displayed a particular talent for counterfeiting currency. This was a time when individual banks, not the federal government, supplied the nation’s paper money in a bewildering variety of so-called “bank notes.” Counterfeiters flourished to the point that in 1862 one British writer, after counting close to 6,000 different species of counterfeit or fraudulent bills in circulation, could reasonably assure his readers that “in America, counterfeiting has long been practiced on a scale which to many will appear incredible.”

What was it that made the 19th-century United States such a hotbed of bogus goods? And why is China’s economic boom today, as New York Times writer Howard French clucked earlier this month, “minted in counterfeit”?

Piracy, fraud, and counterfeiting, whether of currency, commodities, or brand-name electronics, flourishes at a particular moment in a capitalist society: the regulatory interregnum that emerges in the wake of fast-paced capitalist change. This period is one in which technology has improved, often dramatically, and markets have burst their older boundaries. Yet the country still relies on obsolete ways of controlling commerce. Until there’s something to replace them, counterfeiters and other flim-flam operators flourish, pushing new means of making money to their logical, if unethical, conclusion.

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