Revolution 250 Podcast

The Underwriters of the United States with Hannah Farber

January 02, 2024 Hannah Farber
Revolution 250 Podcast
The Underwriters of the United States with Hannah Farber
Show Notes Transcript

Maritime insurers not only assessed risk--they built markets and the new nation.  During times of war and peace they formed a vital communication and information network.  Their capital also helped to finance the war and the development of the American republic.  We talk about their world with  Hannah Farber, historian of the Revolution and early Republic, and her award-winning book Underwriters of the United States:  How Insurance Shaped the American Founding. 

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 Hello, everyone.
 
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 Welcome to the Revolution 250 podcast.
 
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 I'm Bob Allison.
 
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 I chair the Rev 250 advisory group.
 
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 We are a consortium of about 70 groups in Massachusetts looking for ways to commemorate the beginnings of the American Revolution.
 
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 And our guest today is Hannah Farber.
 
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 Hannah Farber is an assistant professor of history at Columbia University.
 
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 She's also the series, one of the series editors for American Beginnings.
 
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 And we're going to talk about
 
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 Hannah's book, Underwriters of the United States, How Insurance Shaped the American Founding.
 
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 So thank you for joining us, Professor Barber.
 
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 Thanks very much.
 
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 So it's a book really about insurance, but it's also a book about the founding of the United States and how underwriters shaped the founding.
 
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 So I guess my first question is, how did underwriters shape the founding of the United States?
 
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 So there's little pieces of this story which have to do with how the business of ensuring maritime commerce contributed to the forming of the United States.
 
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 And my book talks about that and also talks about this bigger vision in which the founding of the United States is itself a financial venture and that many of the people who are involved in underwriting commerce were the people who are most adept at managing
 
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 risky bets and financial networks across the oceans and in mobilizing their resources to make a bet on the independent United States.
 
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 And so in some ways the books of meditation on how patriotism and the hope for gain are deeply entangled from before
 
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 the beginning of the United States.
 
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 It's not saying that's good.
 
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 It's not saying that's bad.
 
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 But it's saying, look, here are some of the people who made bets on the United States and here's what's happened to them.
 
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 That's right.
 
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 That's really an interesting way of looking at it.
 
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 But you also show how this whole world of underwriting or marine insurance grows out of the
 
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 the English kind of system.
 
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 And you have Lord Mansfield who's trying to reconcile common law to the law of merchants.
 
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 And you have all these questions that come up during the revolution about financing voyages and benefiting from it.
 
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 The privateering and the connection between privateering and the marine insurance world is also an interesting one.
 
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 So many different areas we could go off on.
 
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 I just wonder, and you've been doing a good job, by the way, clarifying it.
 
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 I really like your introduction where you have someone walking into an office in Boston trying to ensure a voyage in 1800 and what that entails, making this all clear to someone who, as most people, doesn't really understand how this works.
 
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 I don't know if that was a question or if...
 
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 Right.
 
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 Well, I had to introduce myself to this story as well, because as I was mentioning earlier, I became interested in insurance not because I came to my Ph.D.
 
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 program with an interest in economic topics.
 
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 I sort of was fascinated by American voyages on the high seas and
 
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 ship captains and chases and all that um but of course as any grad student of this period discovers if you go and look at what sources actually remain from this period it's not it's not exactly master and commander it's a lot of stories about anxious letters about missing and damaged property and and what's going to happen about that property and
 
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 there are an astonishing number of references to insurance in this paperwork.
 
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 And that just struck me as silly at first, right?
 
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 Didn't these people know they were having great adventures?
 
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 Why were they talking about that so much?
 
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 And then that gradually led me to a story in which it became clear that the
 
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 that insurance was a risk management strategy that could not be separated from the vagaries of warfare.
 
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 And that war calculations by the United States and by Britain during the Revolutionary War
 
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 often had a lot to do with insurance, of course, because the end of war is not when one side of the war is utterly obliterated for the most part.
 
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 It's when one side of the war thinks it's not worth it to start fighting anymore.
 
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 And partly that's a financial situation.
 
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 Right, it is.
 
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 And then, yeah, go on.
 
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 So some of my favorite anecdotes from the American Revolutionary War era in the book have to do with Americans proudly reporting in their newspapers that the British were reporting in their newspapers that British insurance rates have gone up because Americans are doing such a good job capturing British merchant vessels.
 
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 You know, the...
 
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 American Navy, such as it was, was in no way a match for the British Navy.
 
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 What they could do is embarrass and annoy the British Navy as a whole and make everybody worried about British commerce.
 
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 And, you know, sinking naval vessels is one thing, but making commerce too inconvenient or too expensive to proceed is...
 
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 in some ways easier to do.
 
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 Commerce operates on pretty narrow margins of success and profit and reputation matters a lot.
 
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 And so I had this vivid picture in my mind of Americans reading these newspaper articles about British insurance rates.
 
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 They don't know anything about that, right?
 
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 But thinking to themselves, ha-ha, insurance rates in Britain have gone up.
 
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 That gives some concrete way of assessing how they're doing in their war against the British Empire.
 
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 What does that number mean?
 
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 Well, I don't know exactly, but when the rates go up 25%, that sounds like a lot.
 
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 That sounds like a lot of damage.
 
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 Well, it is a lot.
 
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 And then also you make the place after the war when Algiers essentially shuts off the Mediterranean.
 
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 It's not shutting off the Mediterranean so much as raising insurance rates for Americans.
 
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 So it would be prohibitively high for American merchants then to go somewhere else.
 
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 So it's really an interesting network or interesting game that's going on with insurance rates.
 
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 And you're right, I can't understand what these mean, but it does sound good if the rates have gone up 25%.
 
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 Right.
 
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 It's going to be it's going to be too costly.
 
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 Right.
 
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 So after American independence, Americans have to take advantage of one of these really outsized assets that their country has, which is the American merchant marine.
 
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 They have shipbuilding.
 
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 sailors, they have technological expertise, they have raw materials to ship out, so they have to find trade routes that they can re-establish or establish throughout the world as an independent nation.
 
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 The question is not whether American ships can sail all over the world, which they can do, the question is can they do that profitably?
 
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 managing the risk of a failed voyage is something that every merchant chipper has to think about.
 
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 They don't always buy insurance, but most of them want to.
 
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 And so the cost of insurance then becomes a major consideration.
 
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 So another thing I have in the book is these lists of insurance rates that are published in American seaport towns.
 
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 for voyages to various destinations in the world where Americans might want to ship their cargo.
 
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 And what I argue in the book is that this is a little bit of a mental map for Americans of how safe their vessels are in the world and ultimately how safe their economy is.
 
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 If they can ship goods to a variety of destinations at a cost effective rate, that must mean that their trade deals are working, that their ships are safe on the oceans, that they are not going to be attacked.
 
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 The sort of whole musical chairs world of starting up an independent economy is proceeding as it needs to.
 
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 Yeah, and you have Robert Morris who says that Americans are still able to insure via London, even immediately after, maybe even during the revolution, saying that the British love the high premiums and will insure anything for money.
 
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 you do have these interesting patterns or interesting networks.
 
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 I don't know if someone's going to send a cargo to Barbados as opposed to Bermuda because it's a 1 percent difference in the premium, but it does map out for us where are safe areas to go, what is essentially the cost of doing business.
 
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 You know, Morris is probably one figure who emerges in the book that most of us have heard of.
 
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 And then there are other really interesting characters like Blodgett and Samuel Blodgett, who he has great stories about Blodgett.
 
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 I mean, he is someone I was interested in hearing more about.
 
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 There are a number of, I guess, entrepreneur type figures in this book and who I found myself charmed by sort of in spite of myself where, you know, it's just this age where there are certain people who have a nose for a good hustle and sort of whatever you think.
 
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 Wherever you think there's money to be made, here pops up your friend again.
 
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 He's trying this, he's trying that.
 
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 That's right.
 
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 Yeah, yeah.
 
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 So after independence, Philadelphia takes shape as the city where you have a lot of shipbuilding, you have a lot of commerce, you have the political leadership of the country for a while.
 
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 And so when you have this confluence of like ocean commerce and political leadership, it's like these two streams, you know, the nature documentaries when it's like the two underwater streams go together and all of a sudden there's like a lot of marine life that's, it's exploded into existence.
 
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 And it's, it's, it's this node where politics and money come together and it's,
 
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 some of these itinerant merchants like Samuel Oblige show up there and I get the sense that what a lot of people are looking for in this time is patriotic hustles.
 
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 It's ways to take advantage of the fact that there is political leadership and
 
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 There are bets to be made.
 
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 There's money to be made.
 
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 So somebody like Robert Morris comes out of the Philadelphia merchant world.
 
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 He is an underwriter.
 
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 Samuel Blodgett has this idea that he's going to form the first joint stock American insurance company after independence.
 
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 insurance is this one vehicle for the pooling of risks that starts to seem appealing to a lot of people.
 
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 And in a way, more appealing than banking, because banking has a little bit of an unsavory reputation in the 18th century.
 
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 People are sort of familiar with the idea of the Bank of England as this
 
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 sinister political influence.
 
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 Bankers are sort of these conniving figures.
 
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 Well, what did you expect?
 
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 They said, I'm being positive money.
 
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 Now, one of the big arguments in the book is that insurance in a way is extremely similar to banking.
 
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 And in the early United States,
 
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 Insurers and bankers are very much overlapping groups of people.
 
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 Lots of people do both.
 
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 The businesses themselves are very similar.
 
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 Insurance companies and banking companies are ways of pooling big sums of capital.
 
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 including various things with that capital.
 
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 But insurance has this way of staying out of the public eye that banking is just not as good at.
 
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 Insurance, as I argue a couple of times in the book, insurance has these two ways that it can portray itself.
 
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 And the first is that insurance, and this is the insurance of merchant vessels, the insurance of commerce, is really just this little private business
 
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 activity that merchants do for each other.
 
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 And that has a grain of truth to it.
 
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 In order to ensure commerce, you have to understand commerce.
 
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 You have to know what you're doing so that you don't get wiped out by your customers taking advantage of you.
 
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 And so sometimes insurers argue, especially when they're doing very well for themselves, they say, you know, just just leave us alone.
 
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 You know, we're not a big sinister force in this company.
 
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 We're just this tool that supports merchant commerce.
 
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 And, you know, the farmers need the merchants to sell their stuff.
 
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 So, yeah, yeah, yeah.
 
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 Just leave us alone.
 
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 We're calculating our own risks.
 
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 And then the other point of view that insurers try to share sometimes is that their national infrastructure, that as the backers of American merchants, they are backers of the nation as a whole.
 
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 Their safety is the safety of the nation as a whole.
 
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 They tend to make this kind of argument when the risks of the oceans are getting too hot for them and they want
 
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 you know, more naval protection.
 
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 They want more government resources devoted to supporting them to reduce insurance rates.
 
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 So on these occasions, they say, you know, we are the nation.
 
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 So they go back and forth between saying they're of private merchant concerns and saying they're of concern to everyone in the whole nation.
 
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 Right.
 
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 I mean, you do make this point really well about this kind of duality that on the one hand, they're taking noble and patriotic risks.
 
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 On the other hand, are they actually being all self-serving?
 
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 I mean, it's benefiting them and benefiting the nation is benefiting them.
 
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 I guess that's a question we always have about the business world.
 
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 When you said, though, that the banks and the
 
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 You have two great images of the first bank of the United States in Philadelphia and then the insurance headquarters.
 
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 One is a very grand building meant to make a public statement.
 
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 The other is kind of on a side, it seems like it's on a side street and this is the insurance office.
 
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 So it's the insurers,
 
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 are they intentionally trying to stay out of the public eye or is it just that they have uh and the bank the bankers are not uh it's um i mean your book raises so many interesting issues uh it's a wonder no one has written more about the world of insurance other than that why would anyone write about the world of insurance unless you see how important it is we're talking with hannah farber from columbia university a lot of the um
 
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 So early American insurance does not leave a very big footprint, certainly not in the city landscape.
 
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 And if you go to somewhere like Philadelphia, the first big insurance buildings come from the mid-19th century, from fire and life insurance, which are businesses that appeal more directly to the public.
 
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 um and need to advertise their stability to the public then they need to be seen in the city landscape what's really striking about this early age of marine insurance the insurance of commerce is that they don't have to make this kind of display and that shows you how much power in this era is um
 
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 is lodged in places that aren't exactly visible.
 
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 The power comes from their expertise.
 
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 It comes from the years of training that people have in these counting houses.
 
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 It comes from these long volumes of the laws of merchants they purchase and point to to explain how they're doing the insurance business correctly.
 
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 Their power comes from math.
 
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 It comes from capital.
 
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 It comes from ships on the ocean.
 
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 They don't have to route this power through
 
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 you know, through the public's eyes.
 
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 And I don't mean this to mean it's some sort of like giant sinister force working on the country that we don't know anything about.
 
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 I think people do see a little bit of it when, again, for example, people become very ambivalent about Robert Morris's increasing prominence in the Revolutionary War.
 
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 And there are people who are really writing to each other like, you know, my God, you know, one of these Philadelphia merchant finance guys, our country's going to end up in harm to this guy.
 
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 But it's like, how else are we going to do it?
 
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 He's got the expertise.
 
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 He's got the connections.
 
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 Robert Morris gets the French and Dutch governments to literally underwrite U.S.
 
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 government bonds in the modern sense.
 
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 In other words, the first time they're trying to sell U.S.
 
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 debt overseas...
 
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 Morris is taking that debt.
 
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 He's convincing foreign governments to take the risk of their non-sale, sort of back the sale of American debt to the overseas public.
 
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 So Morris, somebody like that, is operating with a real sense of the project of underwriting, merchant underwriting, government underwriting.
 
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 for him, you know, these vocabularies and concepts are sort of interconnected.
 
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 And one of the ways that I work in this book that I think sets it apart from a stricter economic approach is I'm saying like, look, people in this time period don't use terms in the really strict and formal senses that economists use when they're talking about, when they're talking about underwriting or when they're talking about a company, you know, for...
 
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 For economists and for many purposes, it makes a lot of difference if your company is a joint stock company.
 
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 Have you formally pulled your assets or are you like a bunch of guys who have your names on a piece of paper and are working together in less formal terms?
 
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 It's because the truth is that there's a lot of coordinated activity among American merchants that's not captured in the formal joint stock corporation, which takes a while to start up.
 
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 So part of what I'm trying to unpack is that coordinated activity that American merchants take that's not visible immediately through the corporation.
 
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 In fact, let me say it another way, there's sort of poor
 
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 When American merchants start to found joint stock insurance companies in the 1790s, 1800s, 1810s, and they do with great speed and enthusiasm, they're taking this pre-existing expertise in merchant commerce that they have and in sort of investment that they have, and they're taking advantage of this new financial landscape that's opening up in the independent United States when there are, for example, government securities to buy.
 
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 And they're taking advantage of that, they're taking advantage of the states that are willing to give them charters.
 
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 So they're sort of pouring this expertise into new vessels.
 
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 But the reason that American insurance companies come into existence so rapidly and so successfully in the 1790s and 1800s is because they're building on top of this existing financial infrastructure, this knowledge infrastructure,
 
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 that Americans already had in the period of the Revolutionary War.
 
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 And then people like Blodgett, the hustlers, the entrepreneurs, they're seizing the opportunity.
 
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 They're saying, oh, we can make these ventures even bigger by creating corporate forums, by allowing members of the public to buy stock in our company.
 
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 Then we'll have more capital to work with, more capital to invest.
 
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 Another thing that I found in this book, then, is that there are huge numbers of fire insurance companies that get started in the early 19th century, but they're doing sort of even less fire insuring business by far than...
 
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 Like, at least merchant commerce insurance involves some big numbers of... Like, on the premiums, insurance policies changing.
 
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 Insurance policies are expensive.
 
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 One voyage, you know, 10% or 20% insurance policy.
 
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 You know, we're talking...
 
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 hundreds of pounds, hundreds of dollars are changing hands multiple times a year.
 
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 Fire insurance policy is like a couple of dollars for a seven year policy.
 
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 So fire insurance companies are really more just like investment vehicles and that story remains to be told as well.
 
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 But the marine insurance companies are building on this genuinely high value business that they're involved in.
 
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 to create these big capital pools that they then invest in government securities and in state banks.
 
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 So the financial landscape that I try to show is this sort of three-part landscape with government securities, bank stocks, and insurance company stocks that are making up for the most part the capital markets of the early United States.
 
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 Wow, that's a brilliant story Hannah Farber has told in Underwriters of the United States.
 
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 I'm just reminded too, Franklin started a fire insurance plan in Philadelphia in the early, mid 1700s, and people stopped buying insurance because there hadn't been any fires.
 
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 And then suddenly there were, people saw the need for this.
 
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 But whereas with a ship, I mean, you never know what's going to happen to it.
 
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 I know if you're, there hasn't been a fire in a long time or a hurricane or something else, you know, why should I,
 
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 insure against it, whereas a voyage, you never do know what's going to happen.
 
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 It's true.
 
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 You know something is probably going to happen.
 
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 So one of the dramatic differences that I track in the book is the difference between war and peacetime insurance premiums for merchant voyages because
 
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 In peacetime, you can get across the Atlantic with just a couple of percent of an insurance policy.
 
 22:20.151 --> 22:24.933
 But at the height of war, if you're doing something very risky, your insurance premium could be 20%, 40%, 60%.
 
 22:25.293 --> 22:33.398
 Numbers that don't even make sense today, if you're just looking at it, you're like, how could this premium be so high?
 
 22:33.438 --> 22:40.641
 But you have to think of it that the merchant is expecting to reap a bonanza if the voyage comes in.
 
 22:40.661 --> 22:40.861
 If you're...
 
 22:42.282 --> 22:49.089
 ship comes into a war-starved port and you can sell your goods for fantastically high prices.
 
 22:49.550 --> 22:56.537
 Now, that puts the merchant under suspicion of price gouging, which then becomes another revolutionary concern.
 
 22:56.717 --> 22:59.060
 Merchants are always getting arrested or shoved or...
 
 23:02.143 --> 23:04.866
 for price gouging during the Revolutionary War.
 
 23:05.747 --> 23:18.501
 So one of the little things that I go to in the book is how merchants in Philadelphia during the Revolutionary War pointed their insurance costs to explain why the prices of their goods are so high.
 
 23:18.761 --> 23:21.144
 They're saying, oh, look, we didn't
 
 23:21.624 --> 23:25.469
 You know, we're not price gouging you out of greed, oh, citizens of Philadelphia.
 
 23:26.670 --> 23:33.177
 We are just trying to, you know, break even or make enough to keep selling you goods.
 
 23:34.179 --> 23:41.066
 Part of what's the great part of what's expensive is the insurance that we have to pay to insure the goods coming in.
 
 23:41.667 --> 23:46.349
 Now, the actual math that I went into is too complicated to get into here.
 
 23:46.389 --> 23:59.036
 And in fact, there's a lovely actuary named James Lynch who wrote a follow-up piece about this that I can send you if you'd like, about why insurance premiums during wartime become so high.
 
 23:59.056 --> 23:59.836
 But one...
 
 24:02.503 --> 24:11.132
 thing that I will point out that these merchants were not so eager to mention is that a lot of them were shareholders in the local insurance companies.
 
 24:11.152 --> 24:17.358
 So they were hedging their own risks, not only by buying insurance, but then by holding shares in local insurance companies.
 
 24:18.179 --> 24:21.902
 And those insurance companies profited a great deal
 
 24:23.624 --> 24:27.565
 during the French Revolutionary Wars and the Napoleonic Wars.
 
 24:28.365 --> 24:36.047
 Because it was this ongoing sort of period of uncertainty where American vessels were able to pick up new trade routes.
 
 24:36.067 --> 24:38.388
 The British and French are distracted with each other.
 
 24:39.408 --> 24:43.469
 There's immense demand for global commerce to continue.
 
 24:43.529 --> 24:46.850
 So Americans can get in there, but it's risky, right?
 
 24:46.890 --> 24:49.431
 You're sort of making political enemies everywhere you go.
 
 24:50.311 --> 24:51.712
 You know, it's hard enough.
 
 24:51.812 --> 24:59.795
 I mean, Bob, you must have taught undergrads this period time and time again and trying to explain to them who's at war with who, when, and why, and for how long.
 
 24:59.815 --> 25:00.495
 That's right.
 
 25:00.555 --> 25:01.456
 Yeah, yeah, yeah.
 
 25:01.796 --> 25:02.616
 And then what it means.
 
 25:03.997 --> 25:04.177
 Right.
 
 25:04.257 --> 25:04.857
 And what it means.
 
 25:04.877 --> 25:06.678
 It's not those that French are sending an army.
 
 25:06.738 --> 25:08.598
 It's they're capturing American ships.
 
 25:08.618 --> 25:09.099
 Right.
 
 25:09.159 --> 25:11.019
 It's really hard to explain to students.
 
 25:11.219 --> 25:17.022
 And, you know, and then if you factor in how long it takes news of war or peace to get from place to place.
 
 25:17.062 --> 25:17.202
 Right.
 
 25:17.882 --> 25:25.028
 where the changing policies of the British Empire and what counts as landing goods in America versus what doesn't count.
 
 25:25.548 --> 25:30.152
 It's like a nightmare to explain, but the bottom line is that it's risky.
 
 25:30.797 --> 25:42.601
 And so if you're a merchant and you're trying to keep up on the news, but you're like, the bottom line here is that this business that I'm trying to do is high reward potentially, but it is risky.
 
 25:43.161 --> 25:44.881
 I need to buy some insurance.
 
 25:45.202 --> 25:52.004
 So this is the environment in which the business of insurance really blossoms.
 
 25:53.724 --> 25:58.006
 It is the environment when a lot of people are eager to invest in insurance companies.
 
 26:00.046 --> 26:02.288
 You have, again, these two sides of the same coin.
 
 26:02.328 --> 26:07.110
 In the domestic scene, you have new American states that are able to charge corporations.
 
 26:07.470 --> 26:12.633
 You have federal securities that new corporations are able to buy and reap returns off of.
 
 26:13.133 --> 26:21.038
 Internationally, you have these two decades of global uncertainty and high-risk, high-reward commerce.
 
 26:21.418 --> 26:28.622
 This is just the perfect microclimate for insurance to grow.
 
 26:29.182 --> 26:51.512
 and so by 1810 you have um like in in the british parliament parliament they're having hearings about their insurance dilemmas like they've got their own problems in the british sector but they're going what's happened to our american commerce you know there was no americans resumed buying commerce from britain after the war it's not like political and prevented that
 
 26:51.932 --> 26:59.418
 But by 1810, people or Lloyds are estimating that Americans are buying 95% of their insurance at home.
 
 27:00.338 --> 27:02.260
 And people in Parliament are going, what happened?
 
 27:02.480 --> 27:04.341
 How did we lose all of this business?
 
 27:05.062 --> 27:08.404
 But it wasn't anything that the British were doing wrong necessarily.
 
 27:08.484 --> 27:11.787
 I mean, the political conflict is part of the story.
 
 27:12.187 --> 27:19.072
 But part of it is that there's this climate of domestic finance and international uncertainty happening.
 
 27:19.492 --> 27:23.854
 that allows insurance companies to really just grow gangbusters.
 
 27:24.274 --> 27:33.918
 So by the time you have the War of 1812 breaking out, strictly speaking, by the time you have actual formal war, the sector's already really in place.
 
 27:34.679 --> 27:40.441
 And one of the things I talk about in the book is that insurance companies make different decisions when the War of 1812 breaks out.
 
 27:40.781 --> 27:46.344
 Some stop insuring entirely, some continue insuring little routes that they think are
 
 27:46.984 --> 27:47.505
 safe enough.
 
 27:47.925 --> 27:51.468
 Some of them insured risky voyages legally.
 
 27:51.488 --> 27:53.729
 Some of them insured risky voyages illegally.
 
 27:53.749 --> 27:56.992
 They go in all kinds of directions, but the sector is already in place.
 
 27:57.881 --> 27:58.622
 Well, it's interesting.
 
 27:58.962 --> 28:10.109
 And you have Timothy Pickering in the debate over the embargo of 1808 pointing to use the Salem insurance company's rates to show that commerce isn't actually that risky.
 
 28:10.169 --> 28:13.031
 The federal government wants to shut it all down because of the high risk.
 
 28:13.091 --> 28:27.681
 And he's pointing out that in Salem, they're insuring voyages, which indicates that the merchants or at least the underwriters don't see that higher risk, that it's impossible to insure a cargo heading for one of these places that either Napoleon or the British are blockading.
 
 28:28.622 --> 28:28.822
 Right.
 
 28:28.942 --> 28:45.701
 So this is a big fight between insurance world and the political world in very broad terms, where the insurers are then saying, you know, let us decide what commerce is safe for Americans to engage in.
 
 28:45.721 --> 28:47.103
 You know, we we.
 
 28:48.052 --> 28:51.294
 we signal that safety to merchants by our insurance rates.
 
 28:51.354 --> 28:54.396
 Insurance companies are run by the most expert American merchants.
 
 28:54.916 --> 28:57.558
 And if they think a route is too risky, they just won't allow it.
 
 28:57.578 --> 29:02.221
 And if they think it is not too risky, then let us do it and try to make money.
 
 29:02.761 --> 29:07.524
 So this is this sort of ongoing tension between the insurance business,
 
 29:09.225 --> 29:12.626
 between insurance as a business and the new U.S.
 
 29:12.646 --> 29:23.988
 state, which is like insurance both takes advantage of having a host state and also sometimes wants to work against it, wants to work around it, wants to make its own decision.
 
 29:25.069 --> 29:34.831
 And again, in this early period where, as I mentioned earlier, insurance is a little bit invisible to the public, but insurers are the premier
 
 29:35.430 --> 29:38.855
 information gatherers about American overseas commerce.
 
 29:39.356 --> 29:40.578
 They're the ones who know.
 
 29:40.598 --> 29:49.532
 How would the federal government know how many ships are being lost to the British or the French or some random Danes or some pirates hiding behind a rock?
 
 29:49.813 --> 29:50.414
 They don't know.
 
 29:51.614 --> 29:56.697
 They have to write to the insurance companies in each port and say, what are the major insurance companies here?
 
 29:56.717 --> 29:58.238
 How many routes are you insuring?
 
 29:58.498 --> 29:59.438
 Who's getting lost?
 
 29:59.518 --> 30:00.118
 What's happening?
 
 30:00.138 --> 30:06.161
 So insurers have a great deal of power to steer public affairs that way.
 
 30:06.762 --> 30:12.384
 And when I was finishing this book, one of the critiques that I got, which was totally fair, was that
 
 30:14.803 --> 30:18.606
 you're saying insurance companies are so powerful, but look, the embargo happened anyway.
 
 30:18.626 --> 30:20.847
 The War of 1812 happened anyway.
 
 30:22.008 --> 30:24.709
 Doesn't that show that the insurers didn't get their way?
 
 30:25.169 --> 30:27.851
 And the answer is yes, but not for very long.
 
 30:30.533 --> 30:36.836
 The height of the embargo and the heart of trade restrictions during the War of 1812 did not last very long.
 
 30:36.896 --> 30:39.118
 And if you study this in detail, you know that
 
 30:40.714 --> 30:50.678
 that within a year or a little more, people's willpower to follow trade restrictions, never being that great in the first place, is already starting to crumble.
 
 30:51.658 --> 31:02.582
 And so there is a tremendous amount of pressure to return to this regime in which merchants are making their own decisions about what they will and won't tolerate for trade.
 
 31:04.063 --> 31:04.663
 That's a good point.
 
 31:04.863 --> 31:09.905
 We're talking with Hannah Farber from Columbia University about her book Underwriters of the United States.
 
 31:11.002 --> 31:20.286
 And I was really intrigued early on in the book when you were talking actually about the background and the development of insurance actually in England and really an interesting story.
 
 31:20.466 --> 31:31.111
 But the things that could be insured against and one was a rat infestation on a ship or damage caused by rats and the argument the insurance company made was you should have had a better cat.
 
 31:33.956 --> 31:47.799
 So insurance is a notoriously complicated business to the extent that it's almost a joke even in British legal settings themselves.
 
 31:47.859 --> 31:51.979
 So there was a case that I was reading about.
 
 31:51.999 --> 32:00.001
 I think this was from the Huntington Library where this guy is corresponding with his insurer in London, and they're talking about a case where –
 
 32:02.247 --> 32:06.310
 People are arguing whose fault it was that some weed on board got damaged.
 
 32:06.571 --> 32:10.254
 Is it a covered sort of damage or a non-covered sort of damage?
 
 32:10.754 --> 32:20.382
 And they said that the ship captain brought his cat in a bag into the courtroom and dropped it down on the table and said, I have a perfectly good cat right here.
 
 32:20.843 --> 32:23.065
 It's not my fault that the weed was damaged.
 
 32:23.085 --> 32:25.847
 It didn't happen on this cat's watch.
 
 32:25.867 --> 32:26.427
 Yeah.
 
 32:28.243 --> 32:33.791
 So everybody had a sort of sense that this was a ludicrously complicated business.
 
 32:34.572 --> 32:41.722
 And there was this period in the mid late 18th century when Lord Mansfield is trying to sort of rationalize
 
 32:43.724 --> 32:47.726
 the way that English law treats commercial issues.
 
 32:48.466 --> 32:51.828
 And that has benefits for a lot of people.
 
 32:52.708 --> 33:00.152
 If merchants are willing to bring more cases to court, then a lot of British lawyers are gonna make more money.
 
 33:00.973 --> 33:11.648
 There are clearer rules around commerce that presumably will make more rational actors willing to invest in commercial voyages.
 
 33:11.908 --> 33:15.172
 So there just seem to be a lot of benefits of this reconciliation.
 
 33:16.714 --> 33:23.616
 But what's striking is that depending on their politics, scholars talk about this reconciliation in a couple of different ways.
 
 33:24.397 --> 33:32.799
 Some talk about, some talk about it sort of as if commerce is like coming under the boot of the law or like the merchants are coming in.
 
 33:33.079 --> 33:37.120
 They're allowing, you know, governments have gotten more powerful in the early modern period.
 
 33:37.901 --> 33:41.382
 Like merchants are going to come in and they're like, let the state regulate for them.
 
 33:42.422 --> 33:58.990
 The other way of thinking about it is that it's more like a modern case of regulatory capture, where this is what I see in the United States case is when American lawyers and judges, like the first American lawyers and judges are going, what should the laws be about commercial issues?
 
 33:59.670 --> 34:00.570
 Who do they go to?
 
 34:00.610 --> 34:01.631
 They go to the merchants.
 
 34:01.971 --> 34:03.332
 They go to the top merchants.
 
 34:03.692 --> 34:05.152
 Who are the top merchants they go to?
 
 34:05.452 --> 34:06.233
 The insurers.
 
 34:07.033 --> 34:21.878
 And so the first American law treatises on insurance have these elaborate acknowledgements of insurance company presidents who are explaining to these lawyers what insurance law should look like.
 
 34:21.898 --> 34:28.080
 So if you look at it from this perspective, it's like the merchants made the law that they wanted.
 
 34:28.120 --> 34:30.701
 They didn't come under the boot of the state at all.
 
 34:30.881 --> 34:32.862
 They made the state that they needed it to be.
 
 34:33.603 --> 34:38.030
 I'm not really invested in either of those two perspectives.
 
 34:38.191 --> 34:40.335
 I mean, in some ways what
 
 34:42.320 --> 35:00.908
 What I think is interesting is the ways in which war and the unpredictability of human experience continues to scramble all of these grand narratives and how much still takes place outside of the law and how much cannot be predicted or controlled.
 
 35:04.029 --> 35:04.670
 Insurance.
 
 35:05.919 --> 35:11.565
 is a business of risk, but it's also this business of uncertainty, of the unpredictable.
 
 35:12.166 --> 35:20.755
 And one of the most wonderful things about publishing this book has been having conversations with people in the insurance business about this, where they have
 
 35:21.175 --> 35:43.308
 you know a lot of them have sort of been taught that insurance is this like really regulated strict predictable business but um the first they go in the insurance business you know the more they know you know maritime law is still this quirky um world that only a few lawyers and judges know about um but it's still highly relevant i mean we're we're
 
 35:44.246 --> 35:47.749
 you know, talking now about Yemeni pirates, right?
 
 35:48.690 --> 35:49.231
 Right.
 
 35:49.251 --> 35:49.871
 Yeah.
 
 35:49.911 --> 35:56.718
 News and like how is this going to affect European trade for the next however many years.
 
 35:57.278 --> 36:00.321
 So that unpredictability, it doesn't go away.
 
 36:00.561 --> 36:02.803
 Ocean commerce doesn't go away.
 
 36:03.404 --> 36:04.765
 You never really know what's coming.
 
 36:05.426 --> 36:08.048
 And so insurance is not just this business of,
 
 36:08.969 --> 36:18.536
 of regularity and predictability, it also has this like giant open door to the world of political uncertainty.
 
 36:18.556 --> 36:23.000
 And that's just part of living in the world of human experience.
 
 36:24.025 --> 36:24.225
 Right.
 
 36:24.626 --> 36:25.066
 That's true.
 
 36:25.526 --> 36:32.573
 And, you know, Henry Lawrence received a proposal to start a public insurance company back in, what, 1777 or 78.
 
 36:32.793 --> 36:35.735
 And there were similar proposals.
 
 36:35.816 --> 36:38.158
 But it's a fascinating story.
 
 36:38.178 --> 36:39.479
 I mean, we could go on all day.
 
 36:39.619 --> 36:42.722
 I never thought I would say this, go on all day talking about insurance.
 
 36:44.163 --> 36:46.305
 Anything else we should talk about, Hannah, before we let you go?
 
 36:48.710 --> 36:53.151
 I'm so glad that you found the project interesting.
 
 36:53.171 --> 37:14.599
 I have had a wonderful time writing it and talking about it, and I just urge all of those listeners, anything that you think is too boring to think about, try to stop and think about why that is and what story might be hidden behind the world of
 
 37:16.775 --> 37:26.357
 what's supposedly dry and dull and routine, because if you turn a historianly eye on a lot of things, there's more there than you think.
 
 37:27.518 --> 37:29.098
 Right, that's true, very true.
 
 37:29.498 --> 37:42.141
 And of course, you and I also were on the Fox Nation Tea Party piece, and again, you didn't really talk much about insurance on that, but certainly the maritime world is part of that big story we just commemorated here in Boston.
 
 37:42.867 --> 37:43.087
 Right.
 
 37:43.187 --> 37:51.714
 There's this big conversation about who is responsible for the destroyed tea in Boston Harbor.
 
 37:52.195 --> 37:58.059
 And this is an enormously political topic of this idea that Boston is going to pay for this tea.
 
 37:58.600 --> 37:59.380
 What does that mean?
 
 37:59.961 --> 38:00.361
 Pay when?
 
 38:03.423 --> 38:04.944
 Who's holding the bag in the meantime?
 
 38:04.964 --> 38:16.232
 Who is responsible for the cost of that political rift, which are sort of immediate and palpable?
 
 38:16.853 --> 38:25.979
 There's all sorts of high-flying political rhetoric going around, but the truth is there's a lot of destroyed teas sitting in the harbor.
 
 38:26.219 --> 38:27.180
 Who's going to pay for that?
 
 38:28.401 --> 38:30.062
 That's the insurance side of that story.
 
 38:32.246 --> 38:40.429
 We've been talking with Hannah Farber from Columbia University, author of Underwriters of the United States, How Insurance Shaped the American Founding.
 
 38:41.196 --> 38:44.618
 and now working on a book about civil litigation in early America.
 
 38:45.698 --> 38:47.059
 So it's been great talking to you, Hannah.
 
 38:47.139 --> 38:54.303
 Thank you for joining us, and I want to thank Jonathan Lane, our producer, and also, you know, we have listeners all around.
 
 38:54.323 --> 39:08.890
 We thought we'd have a handful of our friends listening in when we started these podcasts about two years ago, but we actually have friends tuning in regularly all over, and so this week, if you're in one of these places, send Jonathan Lane an email, jlane at revolution250.org, and he'll send you
 
 39:09.528 --> 39:32.415
 some of our revolution 250 commemorative gear so this week thanks to folks in new york city and salem in massachusetts and salem in virginia as well as marblehead massachusetts you can't mention salem without mentioning marblehead memphis tennessee southampton in england and southampton in pennsylvania and west by fleet in great britain and
 
 39:32.975 --> 39:35.936
 Philadelphia, and in Connecticut, Wethersfield.
 
 39:36.056 --> 39:51.083
 Wethersfield comes up in your book, and Stamford in Connecticut, Ann Arbor and Escanaba, Michigan, as well as Madison Heights, Lithia, Florida, Franklin, Tennessee, Houston, and Sauk Center, Minnesota, and all places between and beyond.
 
 39:51.123 --> 39:53.904
 Thanks for joining us, and thank you again to Hannah Farber.
 
 39:55.064 --> 39:56.865
 Now we'll be piped out on the road to Boston.