This question of the pecuniary income from political sources is even by

the Americans themselves seldom fairly treated. There are three possible

sources of income. Firstly, the representatives of the people are

directly remunerated; secondly, the politician may obtain a salaried

federal, state, or municipal office; and, thirdly, he may misuse his

influence or his office unlawfully to enrich himself. It is a

regrettable fact that the first source of revenue attracts a goodly

number into politics. It is not the case with Congress, but many a man

sits in the state legislatures who is there only for the salary, while

in reality the monetary allowance was never meant as an inducement but

as a compensation, since otherwise many would be deterred altogether

from politics. But the stipend is small and attracts no one who has

capacity enough to earn more in a regular profession. It attracts,

however, all kinds of forlorn and ill-starred individuals, who then

scramble into local politics and do their best to bring the calling into

disrepute. And yet, after all, these are so small a fraction of the

politicians as to be entirely negligible. There would be much worse

evils if the salaries were to be abolished. There are others who make

money in criminal ways, and of course they have ample opportunity for

deception, theft, and corruption in both town and country. Their case is

not open to any difference of opinion. It is easy for a member of the

school committee to get hold of the land on which the next school-house

is to be built, and to sell it at a profit; or for a mayor to approve a

street-car line which is directly for the advantage of his private

associates; or for a captain of police to accept hush money from

unlawful gambling houses. Everybody knows that this sort of thing is

possible, and that the perpetrators can with difficulty be convicted,

yet they occasionally are and then get the punishment which they

deserve. But this is no more a part of the political system than the

false entries of an absconding cashier are a part of banking. And even

if every unproved suspicion of dishonesty were shown to be well founded,

the men who so abuse their positions would be as much the exceptions as

are those who enter politics for the sake of the salary. We shall return

later to these excrescences.

Of the three sources of income from politics, only one remains to be

considered—the non-legislative but salaried offices with which the

politician may be rewarded for his pains. This is the first and surest

means by which the party keeps its great and indispensable army of

retainers contentedly at work. And here the familiar evils enter in

which are so often held up for discussion in Germany. An American

reformer, in criticizing the condition of the parties, is very apt not

to distinguish between the giving out of offices to professional

politicians as rewards and the later corrupt using of these offices by

their incumbents. And as soon as the politician receives an income from

the public treasury, the reformer will cry “stop thief.” The so-called

“spoils system,” by which the federal offices in the patronage of the

President are distributed to those who have worked hardest in the

interests of the victorious party, will occupy our attention when we

come to the political problems of the day. We shall have then to mention

the advantages and disadvantages of civil service reform. But it must be

said right here that, however commendable this reform movement may be in

many respects, and in none more than in the increased efficiency which

it has effected in the public service, nevertheless the spoils system

cannot be called dishonourable, and no one should characterize

professional politicians as abominable reprobates because they are

willing to accept civil positions as rewards from the party for which

they have laboured.

It is a usage which has nothing to do with the corrupt exploitation of

office, and the German who derives from it the favourite prejudice

against the political life of the United States must not suppose that he

has thereby justified the German conception of office. Quite on the

contrary, no one ever expects the German government to bestow offices,

titles, or orders on members of the political opposition, to confirm,

for instance, an independent for the position of Landrat or a social

democrat for city councillor, while co-operation in the plans of the

government never goes unrewarded. Above all, a German never looks on his

official salary as a sort of present taken from the public treasury, but

as the ordinary equivalent of the work which he does, while the American

has a curious conception of the matter quite foreign to the German,

which is the ground for his contempt of the “spoils system.” To

illustrate by a short example: a state attorney who had been elected to

the same office time after time, was asked to renew his candidacy at the

coming elections. But he declined to do so, and explained that he had

been supported for twenty years out of the public funds, and that it was

therefore high time for him to earn his own living by the ordinary

practice of law. A German cannot understand this conception, traditional

though it is in America, but he can easily see that the man who shares

such views as to public salaries will naturally consider it an act of

plunder when the party in power distributes the best public posts to its

own followers.

The case would be somewhat different if the politicians who step into

offices were essentially incapable or indolent, though this is aside

from the principle in question. Germans have recently become used to

seeing a general or a merchant become minister. In America it is a

matter of course that a capable man is qualified, with the aid of

technically trained subordinates, for any office. And no one denies that

politicians make industrious office-holders. And yet the same remarkable

charge is always made, that the holder of an office receives a gift from

the public chest.

These considerations are not meant as an argument against civil service

reform, which is supported by the best men of both parties, although

they are not exactly the most zealous party “heelers.” But the

superficial assertion must be refuted, that the spoils system shows lack

of morality in party politics. No unprejudiced observer would find

anything improper in the attitude of those who endure the thankless and

arduous labours imposed by the party for the sake of a profitable

position in the government service. It would be equally just to reproach

the German official with lack of character because he rises to a high

position in the service of the government. If this were the true idea,

Grover Cleveland, who has done more than any other president for the

cause of civil service reform, could be said actually to have favored

the spoils system. In an admirable essay on the independence of the

executive, he says:—

“I have no sympathy with the intolerant people who, without the least

appreciation of the meaning of party work and service, superciliously

affect to despise all those who apply for office as they would those

guilty of a flagrant misdemeanor. It will indeed be a happy day when the

ascendancy of party principles and the attainment of wholesome

administration will be universally regarded as sufficient rewards of

individual and legitimate party service.... In the meantime why should

we indiscriminately hate those who seek office? They may not have

entirely emancipated themselves from the belief that the offices should

pass with party victory, but in all other respects they are in many

instances as honest, as capable, and as intelligent as any of us.”

There are such strong arguments for separating public office from the

service of party, that every reformer is amply justified if on his

native soil he stigmatizes the present usage as corrupt. But the

representation that all professional politicians are despicable scamps

because they work for their party in the hope of being preferred for

public office, is unjust and misleading when it is spread abroad in

other countries. Abuses there are, to be sure, and the situation is such

as to attract swarms of worthless persons. It is true, moreover, that

even in the higher strata of professional politics there is usually less

of broad-minded statesmanship than of ingenious compromise and clever

exploitation of the opposing party’s weaknesses and of popular whims and

prejudices. Petty methods are often more successful than enlightened

ones, and cunning men have better chances than those who are more

high-minded. In the lower strata, moreover, where it is important to

cajole the voting masses into the party fold, it may be inevitable that

men undertake and are rewarded for very questionable services.

Nevertheless the association of party and office is not intrinsically

improper.

In the same category of unjust reproaches, finally, belongs the talk

over the money paid into the party treasury. It is, of course, true that

the elections both great and small eat up vast sums of money; the

mountains of election pamphlets, the special trains for candidates who

journey from place to place in order to harangue the people at every

rural railway station, from the platform of the coach—Roosevelt is said

at the last election in this way to have addressed three million

persons—the banquet-halls and bands of music, and the thousand other

requisites of the contest are not to be had for nothing. It is taken as

a matter of course that the supporters of the party are taxed, and of

course just those will be apt to contribute who look for further

material benefit in case of victory; it is also expected that, of

course, the larger industries will help the propaganda of the

high-tariff party, that the silver mine owners will generously support

bimetallism, and that the beer brewers will furnish funds when it is a

question between them and the Prohibitionists. But in the endeavour to

hurt the opposing party some persons make such contributions a ground of

despicable slander. Any one who considers the matter really without

prejudice will see not only that the American party politics are a

necessary institution, but also that they are infinitely cleaner and

better than the European newspaper reader will ever be inclined to

believe.

CHAPTER THREE

_The President_

The President of the United States is elected by the people every four

years. He may be re-elected and, so far as the Constitution provides, he

may hold the first position in the land for life, by terms always of

four years at a time. A certain unwritten law, however, forbids his

holding office for more than two terms. George Washington was elected

for two terms, and after him Thomas Jefferson, James Madison, James

Monroe, Andrew Jackson, Abraham Lincoln, Ulysses Grant, Grover

Cleveland, and William McKinley; that is, nine out of twenty presidents

have received this distinction. No president has served a third term of

office, because since Washington declined to be nominated for a third

time the conservative sense of the Americans has cherished the doctrine

that no man should stand at the helm of the nation longer than eight

years.

At the present day it is urged from many sides that the provisions of

the Constitution ought to be changed. It is said that the frequently

recurring presidential elections, with the popular excitement which they

involve during the months immediately preceding, are an appreciable

disturbance to economic life and that the possibility of being

re-elected is too apt to make the President in the first term of office

govern his actions with an eye to his second election. It is proposed,

therefore, that every President shall be elected for six years and that

re-election shall be forbidden by the Constitution. Experience of the

past, however, hardly speaks for such a plan. The inclination shown by

the President to yield to popular clamours or the instances of his party

has been very different with different presidents, but on the whole it

has not been noticeably greater in the first than in the second term of

office. More especially, the disadvantages which come from the

excitement over elections are certainly made up for by the moral

advantage which the act of election brings to the people. The

presidential election is a period of considerable reflection and

examination of the country’s condition, and everybody is worked up to

considerable interest; and the more changeable the times are so much the

more rapidly new problems come up. Therefore there should be no thought

of putting the decisive public elections, with their month-long

discussions, at further intervals apart.

The most important duties and prerogatives of the President involve

foreign as well as domestic affairs, and of the latter the most

important concern the administration; a less important, although by no

means an insignificant, part of his duties relates to legislation. The

President is commander-in-chief of the army and of the navy, and with

the approval of a majority of the Senate he appoints ambassadors,

consuls, judges of the Supreme Court, and all the higher federal

officials. Subject to the ratification of two-thirds of the Senate, he

concludes treaties with foreign powers and regulates diplomatic

relations. He has, moreover, the right to send back inside of ten days,

with his veto, any bill which Congress has passed, and in this case the

bill can become law only by being once more voted on by Congress and

receiving in both houses a two-third’s majority. The President has the

power to convene both houses in special sessions, and is expected to

send messages to both houses when they meet, in which he describes the

political situation of the country and recommends new measures. In

addition to this he has the right of pardon and the right to afford

protection to individual states against civil violence, if they cannot

themselves quell the disturbance.

Such are the principal features of the presidential office, and it is

clear that here as everywhere in American civil law the spirit of

precaution has tried from the outset to limit the possibilities of

abuse. Although he is commander-in-chief of the army, the President has

not the right to declare war, this right being given to Congress. The

President negotiates with foreign representatives and signs all

treaties, but these are not valid until the Senate has approved them

with a two-thirds vote. He nominates government officials, but once

again only with the sanction of the Senate. The President convenes

Congress and recommends matters for its legislative consideration, but

the President cannot, like the German Government, lay bills before

Congress for its ratification. While the President sends his message to

Congress his ministers have not, as in Germany, a seat in parliament,

and cannot, therefore, in the debates actively support the President’s

policy.

The President is authorized to veto any bill that is passed through

Congress, but his veto is not final since the bill can still become a

law if Congress is sufficiently of one accord to override his veto.

Therefore a whimsical or arbitrary president would find small scope for

his vagaries so long as he keeps within his powers, while if he exceeds

them he can be impeached, like a king under old English law. The House

of Representatives can at any time file complaint against the President

if he is suspected of treason or corruption or any other crime. In such

case the Senate, under the chairmanship of a judge of the Supreme bench,

constitutes a court of trial which is empowered to depose the President

from office. Up to the present time but one president, Andrew Johnson,

has been impeached, and he was acquitted. The seditionary ambition of a

man who should try to gain complete control, to overthrow the

Constitution, and at the head of the army, or of the populace, or, as

might be more likely, of the millionaires, to institute a monarchy,

would have no chance of success. Neither a Napoleon nor a Boulanger

would be possible in America.

In spite of these provisions, it is to be observed that tremendous power

is in the hands of this one man. Thousands and thousands of officials

appointed by his predecessor can be removed by a stroke of his pen, and

none can take their places except those whom he nominates. And he can

put a barrier before any law such as Congress could only in exceptional

cases ride over. Cleveland, for instance, who to be sure made the freest

use of his authority in this respect, vetoed more than three hundred

bills, and only twice did Congress succeed in setting aside his veto.

The President may negotiate with foreign powers up to the point where a

loyal and patriotic Congress has hardly any choice but to acquiesce. The

President can virtually force Congress to a declaration of war, and if

insurrection breaks out in any state he can at his pleasure employ the

federal troops on behalf of one or the other faction, and when war has

once been declared the presidential authority grows hourly in

importance. The army and navy stand under his direction, and since the

Constitution makes him responsible for the maintenance of law and order

in the country he becomes virtually dictator in case of an insurrection.

Bryce says very justly that Abraham Lincoln exercised more power than

any man in England since Oliver Cromwell, and the anti-imperialistic

papers of America always assert that in their Philippine policy McKinley

and Roosevelt have taken on themselves more authority than any European

monarch, excepting the Czar, could acquire.

In two respects the President is more important as compared with the

representatives of the people, even in times of peace, than the king of

England or the President of France. Firstly, his cabinet is entirely

independent of the voice of parliament, and it has often been the case

that while a majority in Congress sharply opposed the party policy of

the President, this has not influenced the composition of his cabinet.

The cabinet ministers are the representatives of the presidential

policy, and they do not even take part in the doings of Congress.

Secondly, the President is not less but rather more than Congress a

representative of the people. A monarch who takes up a position against

the parliament thereby antagonizes the people. The President of France

is elected by the people, but only through their parliamentary

representatives; the chambers elect him, and therefore he is not an

independent authority. The President of the United States, on the other

hand, is in his own person a symbol of the collective will of the

people, as opposed to the different members of Congress, which is of

diverse composition and chosen on more local issues. There is moral

authority, therefore, vested in the President. He is the true will of

the people and his veto is their conscience. It is almost astonishing

that a Republican democracy should have put such tremendous power into

the hands of a single man. It is the more striking inasmuch as the

Declaration of Independence related at length the sins of the English

monarch. But we must bear in mind that the framers of the Constitution

had to make a new and dangerous experiment, wherein they were much more

afraid of that so far unknown and incalculable factor, the rule of the

people, than the power of that single person whose administrative

possibilities they had, in the colonial days, been able to observe in

the governors of the several states. These had been diminutive but, on

the whole, encouraging examples. Before all else the great and

incomparable George Washington, the popular, dashing, and yet cautious

aristocrat, had presided at the deliberations in which the Constitution

was discussed, and had himself stood tangibly before the popular mind as

the very ideal of a president.

Thus the President stands with tremendous powers at the helm of the

nation. Who has sought him out for this position from the hundreds of

thousands, whose hot ambition has led them to dream of such a

distinction, and who has finally established him in this highest

elective office on the face of the earth? The Constitution makes no

other provision for the selection of a candidate than that he shall have

been born in the land, that he shall be at least thirty-five years old,

and shall have resided at least fourteen years in this his native

country. On the other hand, the Constitutional provisions for his

election are highly complicated, much more so indeed than the

circumstances really call for. In fact, while the electoral procedures

still comply with the wording of the original Constitution, actual

conditions have so changed since the establishment of the Union that the

prescribed machinery is not only partly unnecessary, but in some cases

even works in opposition to what had been originally intended, and

inconsistently with itself. The law requires, merely to mention the main

point, that every state shall elect by popular vote a certain number of

men who are called electors, and that a majority of the electors shall

choose the President. For each state the number of electors is the same

as that of the representatives which it sends to both houses of Congress

together; it depends, therefore, on the number of inhabitants. Out of

the 447 electors, 36 come from the State of New York, 32 from

Pennsylvania, 24 from Illinois, 23 from Ohio, 15 from Massachusetts, but

only 4 from Colorado, Florida, or New Hampshire; and only 3 from

Delaware, Idaho, North Dakota, Utah, and several others. In case the

vote of the electors should give no absolute majority to any candidate,

the House of Representatives has to elect the President from among the

three candidates who have received the greatest number of electoral

votes.

The intention of the men who framed the Constitution in making these

roundabout electoral provisions is clear enough; the election was not

meant to be made directly by the people. When in the first discussions

of the Constitution it was suggested that the President be elected

directly by the people, some of the framers called the scheme chimerical

and others called it impracticable. Indeed, some even doubted whether

the people would be competent to choose the electors since, it was said,

they would know too little about the persons and so would be liable to

grave errors. This mistrust went so far, it is said, that leaving the

election of the highest executives directly to the people seemed as

unnatural as asking a blind man to match colors. The first plan which

was at all approved by the Assembly was that Congress should elect the

President; and not until later did it adopt the system of electors. It

was hoped that for the electoral college the people would select the

best, most experienced, and most cautious men of the country, and that

these men should be left quite free to choose the highest executive as

carefully and conscientiously as possible: and so it really happened

when the electors met for the first time and fixed unanimously on George

Washington.

But the situation is somewhat changed to-day: for a hundred years it has

been the case that the electors have inevitably been deprived of all

free choice. They are as passive as a printed ballot. They are no longer

elected in order to come to a decision as to the best President, but

merely to vote for this or that special candidate as designated, and for

a hundred years not a single elector has disappointed this expectation.

Thus the election of the President is practically accomplished on the

day in November when the electors are voted for. McKinley defeated Bryan

for the Presidency on the ninth of November, 1900, although no elector

had officially voted for either one or the other; nor would he have a

chance to vote until the first day of January, when he was mechanically

to deposit his ballot.

The indirect election prescribed by the Constitution has therefore

become to all intents and purposes a direct one, and the whole machinery

of electors is really superfluous. It may, indeed, be said to have

become contradictory in itself.

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