CHAPTER V

I

THE CONTEMPORARY SITUATION AND ITS PROBLEMS

It is important to recognize that the anti-slavery agitation, the

secession of the South, and the Civil War were, after all, only an

episode in the course of American national development. The episode was

desperately serious. Like the acute illness of a strong man, it almost

killed its victim; and the crisis exposed certain weaknesses in our

political organism, in the absence of which the illness would never have

become acute. But the roots of our national vitality were apparently

untouched by the disease. When the crisis was over, the country resumed

with astonishing celerity the interrupted process of economic expansion.

The germs of a severe disease, to which the Fathers of the Republic had

given a place in the national Constitution, and which had been allowed

to flourish, because of the lack of wholesome cohesion in the body

politic--this alien growth had been cut out by a drastic surgical

operation, and the robust patient soon recovered something like his

normal health. Indeed, being in his own opinion even more robust than he

was before the crisis, he was more eager than ever to convert his good

health into the gold of satisfied desire. The ghost of slavery had been

banished from our national banquet: and, relieved of this terror, the

American people began to show, more aggressively than ever before, their

ability to provide and to consume a bountiful feast. They were no longer

children, grasping at the first fruits of a half-cultivated wilderness.

They were adults, beginning to plan the satisfaction of on appetite

which had been sharpened by self-denial, and made self-conscious by

maturity.

The North, after the war was over, did not have much time for serious

reflection upon its meaning and consequences. The Republican leaders did

just enough thinking to carry them through the crisis; but once the

rebellion was suppressed and the South partly de-nationalized in the

name of reconstruction, the need and desire was for action rather than

for thought. The anti-slavery agitation and the war had interrupted the

process, which from the public point of view, was described as the

economic development of the country, and which from an individual

standpoint meant the making of money. For many years Americans had been

unable, because of the ghost of slavery, to take full advantage of their

liberties and opportunities; and now that the specter was exorcised,

they gladly put aside any anxious political preoccupations. Politics

could be left to the politicians. It was about time to get down to

business. In this happiest of all countries, and under this best of all

governments, which had been preserved at such an awful cost, the good

American was entitled to give his undivided attention to the great work

of molding and equipping the continent for human habitation, and

incidentally to the minor task of securing his share of the rewards. A

lively, even a frenzied, outburst of industrial, commercial, and

speculative activity followed hard upon the restoration of peace. This

activity and its effects have been the most important fact in American

life during the forty years which have supervened; and it has assumed

very different characteristics from those which it had assumed previous

to the War. We must now consider the circumstances, the consequences,

and the meaning of this economic revolution.

Although nobody in 1870 suspected it, the United States was entering

upon a new phase of its economic career; and the new economy was

bringing with it radical social changes. Even before the outbreak of the

Civil War the rich and fertile states of the Middle West had become well

populated. They had passed from an almost exclusively agricultural

economy to one which was much more largely urban and industrial. The

farms had become well-equipped; large cities were being built up;

factories of various kinds were being established; and most important of

all, the whole industrial organization of the country was being adjusted

to transportation by means of the railroad. An industrial community,

which was, comparatively speaking, well-organized and well-furnished

with machinery, was taking the place of the agricultural community of

1830-1840, which was incoherent and scattered and which lacked

everything except energy and opportunity. Such an increase of

organization, capital, and equipment necessarily modified the outlook

and interests of the people of the Middle West. While still retaining

many of their local traits, their point of view had been approaching in

certain respects that of the inhabitants of the East. They had ceased to

be pioneers.

During the two decades after the Civil War, the territory, which was

still in the early stage of agricultural development, was the first and

second tier of states west of the Mississippi River. Missouri, Iowa, and

Minnesota, Kansas, Nebraska, and finally the Dakotas were being opened

for settlement; but in their case the effect and symptoms of this

condition were not the same as they had been with the earlier pioneer

states. Their economy was from the beginning adjusted to the railroad;

and the railroad had made an essential difference. It worked in favor of

a more comprehensive and definite organization and a more complete

equipment. While the business interests of the new states were and still

are predominantly agricultural, the railroads had transformed the

occupation of farming. After 1870, the pioneer farmer was much less

dependent than he had been upon local conditions and markets, and upon

the unaided exertions of himself and his neighbors. He bought and sold

in the markets of the world. He needed more capital and more machinery.

He had to borrow money and make shrewd business calculations. From every

standpoint his economic environment had become more complicated and more

extended, and his success depended much more upon conditions which were

beyond his control. He never was a pioneer in the sense that the early

inhabitants of the Middle West and South had been pioneers; and he has

never exercised any corresponding influence upon the American national

temper. The pioneer had enjoyed his day, and his day was over. The

Jack-of-all-trades no longer possessed an important economic function.

The average farmer was, of course, still obliged to be many kinds of a

rough mechanic, but for the most part he was nothing more than a farmer.

Unskilled labor began to mean labor which was insignificant and badly

paid. Industrial economy demanded the expert with his high and special

standards of achievement. The railroads and factories could not be

financed and operated without the assistance of well-paid and

well-trained men, who could do one or two things remarkably well, and

who did not pretend to do much of anything else. These men had to retain

great flexibility and an easy adaptability of intelligence, because

American industry and commerce remained very quick in its movements. The

machinery which they handled was less permanent, and was intended to be

less permanent than the machinery which was considered economical in

Europe. But although they had to avoid routine and business rigidity on

the penalty of utter failure, still they belonged essentially to a class

of experts. Like all experts, they had to depend, not upon mere energy,

untutored enthusiasm, and good-will, but upon careful training and

single-minded devotion to a special task, and at the same time proper

provision had to be made for coördinating the results of this highly

specialized work. More complete organization necessarily accompanied

specialization. The expert became a part of a great industrial machine.

His individuality tended to disappear in his work. His interests became

those of a group. Imperative economic necessities began to classify the

individuals composing American society in the same way, if not to the

same extent, that they had been classified in Europe.

This was a result which had never entered into the calculations of the

pioneer Democrat. He had disliked specialization, because, as he

thought, it narrowed and impoverished the individual; and he distrusted

permanent and official forms of organization, because, as he thought,

they hampered the individual. His whole political, social, and economic

outlook embodied a society of energetic, optimistic, and prosperous

democrats, united by much the same interests, occupations, and point of

view. Each of these democrats was to be essentially an all-round man.

His conception of all-round manhood was somewhat limited; but it meant

at least a person who was expansive in feeling, who was enough of a

business man successfully to pursue his own interests, and enough of a

politician to prevent any infringement or perversion of his rights. He

never doubted that the desired combination of business man, politician,

and good fellow constituted an excellent ideal of democratic

individuality, that it was sufficiently realized in the average Western

American of the Jacksonian epoch, that it would continue to be the type

of admirable manhood, and that the good democrats embodying this type

would continue to merit and to obtain substantial and approximately

equal pecuniary rewards. Moreover, for a long time the vision remained

sufficiently true. The typical American democrat described by De

Tocqueville corresponded very well with the vision of the pioneer; and

he did not disappear during the succeeding generation. For many years

millions of Americans of much the same pattern were rewarded for their

democratic virtue in an approximately similar manner. Of course some

people were poor, and some people were rich; but there was no class of

the very rich, and the poverty of the poor was generally their own

fault. Opportunity knocked at the door of every man, and the poor man of

to-day was the prosperous householder of to-morrow. For a long time

American social and economic conditions were not merely fluid, but

consistent and homogeneous, and the vision of the pioneer was fulfilled.

Nevertheless, this condition was essentially transient. It contained

within itself the seeds of its own dissolution and transformation; and

this transformation made headway just as soon as, and just as far as,

economic conditions began to prefer the man who was capable of

specializing his work, and of organizing it with the work of his

fellows.

The dominant note, consequently, of the pioneer period was an unformed

national consistency, reached by means of a natural community of feeling

and a general similarity of occupation and well-being. On the other

hand, the dominant note of the period from 1870 until the present day

has been the gradual disintegration of this early national consistency,

brought about by economic forces making for specialization and

organization in all practical affairs, for social classification, and

finally for greater individual distinction. Moreover, the tendency

towards specialization first began to undermine the very corner-stone of

the pioneer's democratic edifice. If private interest and public weal

were to be as harmonious as the pioneer assumed, every economic producer

must be a practical politician, and there must be no deep-lying division

between these primary activities. But the very first result of the

specializing tendency was to send the man of business, the politician,

and the lawyer off on separate tacks. Business interests became so

absorbing that they demanded all of a man's time and energy; and he was

obliged to neglect politics except in so far as politics affected

business. In this same way, the successful lawyers after the War were

less apt than formerly to become politicians and statesmen. They left

public affairs largely to the unsuccessful lawyers. Politics itself

became an occupation which made very exacting demands upon a man's time

and upon his conscience. Public service or military success were no

longer the best roads to public distinction. Men became renowned and

distinguished quite as much, if not more, for achievements in their

private and special occupations. Along with leadership of statesmen and

generals, the American people began to recognize that of financiers,

"captains of industry," corporation lawyers, political and labor

"bosses," and these gentlemen assumed extremely important parts in the

direction of American affairs. Officially, the new leaders were just

like any other American citizen. No titles could be conferred upon them,

and their position brought with it no necessary public responsibilities.

Actually, however, they exercised in many cases more influence upon

American social and political economy than did the official leaders.

They were an intrusion, into the traditional economic political and

social system, for which no provision had been made. Their special

interests, and the necessities of their special tasks, made their manner

of life different from that of other American citizens, and their

peculiar opportunities enabled them to appropriate an unusually large

share of the fruits of American economic development. Thus they

seriously impaired the social and economic homogeneity, which the

pioneer believed to be the essential quality of fruitful Americanism.

II

THE DEVELOPMENT OF THE BUSINESS SPECIALIST

Before seeking to trace the consequences and the significance of this

specialized organization of American practical affairs, we must examine

its origin with some care. An exact and complete understanding thereof

will in itself afford an unmistakable hint of the way in which its

consequences are to be appraised, and wherever necessary, corrected. The

great and increasing influence of the new unofficial leaders has been

due not only to economic conditions and to individual initiative, but

to the nature of our political ideas and institutions. The traditional

American theory was that the individual should have a free hand. In so

far as he was subject to public regulation and control such control

should be exercised by local authorities, whereof the result would be a

happy combination of individual prosperity and public weal. But this

expectation, as we have seen, has proved to be erroneous. While it has,

indeed, resulted in individual prosperity, the individual who has reaped

most of the prosperity is not the average, but the special man; and

however the public may have benefited from the process, the benefit is

mixed with so many drawbacks that, even if it may not be wholly

condemned, it certainly cannot be wholly approved. The plain fact is

that the individual in freely and energetically pursuing his own private

purposes has not been the inevitable public benefactor assumed by the

traditional American interpretation of democracy. No doubt he has

incidentally accomplished, in the pursuit of his own aggrandizement,

certain manifest public benefits; but wherever public and private

advantages have conflicted, he has naturally preferred the latter. And

under our traditional political system there was, until recently, no

effective way of correcting his preference.

As long as the economic opportunities of American life consisted chiefly

in the appropriation and improvement of uncultivated land, the average

energetic man had no difficulty in obtaining his fair share of the

increasing American economic product; but the time came when such

opportunities, although still important, were dwarfed by other

opportunities, incident to the development of a more mature economic

system. These opportunities, which were, of course, connected with the

manufacturing, industrial, and technical development of the country,

demanded under American conditions a very special type of man--the man

who would bring to his task not merely energy, but unscrupulous

devotion, originality, daring, and in the course of time a large fund of

instructive experience. The early American industrial conditions

differed from those of Europe in that they were fluid, and as a result

of this instability, extremely precarious. Rapid changes in markets,

business methods, and industrial machinery made it very difficult to

build up a safe business. A manufacturer or a merchant could not secure

his business salvation, as in Europe, merely by the adoption of sound

conservative methods. The American business man had greater

opportunities and a freer hand than his European prototype; but he was

also beset by more severe, more unscrupulous, and more dangerous

competition. The industrious and thrifty farmer could be tolerably sure

of a modest competence, due partly to his own efforts, and partly to the

increased value of his land in a more populous community; but the

business man had no such security. In his case it was war to the knife.

He was presented with a choice between aggressive daring business

operations, and financial insignificance or ruin.

No doubt this situation was due as much to the temper of the American

business man as to his economic environment. American energy had been

consecrated to economic development. The business man in seeking to

realize his ambitions and purposes was checked neither by government

control nor social custom. He had nothing to do and nothing to consider

except his own business advancement and success. He was eager,

strenuous, and impatient. He liked the excitement and the risk of large

operations. The capital at his command was generally too small for the

safe and conservative conduct of his business; and he was consequently

obliged to be adventurous, or else to be left behind in the race. He

might well be earning enormous profits one year and skirting bankruptcy

the next. Under such a stress conservatism and caution were suicidal. It

was the instinct of self-preservation, as well as the spirit of business

adventure, which kept him constantly seeking for larger markets,

improved methods, or for some peculiar means of getting ahead of his

competitors. He had no fortress behind which he could hide and enjoy his

conquests. Surrounded as he was by aggressive enemies and undefended

frontiers, his best means of security lay in a policy of constant

innovation and expansion. Moreover, even after he had obtained the

bulwark of sufficient capital and more settled industrial surroundings,

he was under no temptation to quit and enjoy the spoils of his

conquests. The social, intellectual, or even the more vulgar pleasures,

afforded by leisure and wealth, could bring him no thrill, which was

anything like as intense as that derived from the exercise of his

business ability and power. He could not conquer except by virtue of a

strong, tenacious, adventurous, and unscrupulous will; and after he had

conquered, this will had him in complete possession. He had nothing to

do but to play the game to the end--even though his additional profits

were of no living use to him.

If, however, the fluid and fluctuating nature of American economic

conditions and the fierceness of American competitive methods turned

business into a state of dangerous and aggressive warfare, the steady

and enormous expansion of the American markets made the rewards of

victory correspondingly great. Not only was the population of the

country increasing at an enormous rate, but the demand for certain

necessary products, services, and commodities was increasing at a higher

rate than the population. The American people were still a most

homogeneous collection of human beings. They wanted very much the same

things; they wanted more of these things year after year; and they

immediately rewarded any cheapening of the product by buying it in much

larger quantities. The great business opportunities of American life

consisted, consequently, in supplying some popular or necessary article

or service at a cheaper price than that at which any one else could

furnish it; and the great effort of American business men was, of

course, to obtain some advantage over their competitors in producing

such an article or in supplying such a service. The best result of this

condition was a constant improvement in the mechanism of production.

Cheapness was found to depend largely upon the efficient use of

machinery, and the efficient use of machinery was found to depend upon

constant wear and quick replacement by a better machine. But while the

economic advantage of the exhausting use and the constant improvement of

machinery was the most important economic discovery of the American

business man, he was also encouraged by his surroundings to seek

economies in other and less legitimate ways. It was all very well to

multiply machines and make them more efficient, but similar improvements

were open to competitors. The great object was to obtain some advantage

which was denied to your competitors. Then the business man could not

only secure his own position, but utterly rout and annihilate his

adversaries.

At this point the railroads came to the assistance of the aggressive and

unscrupulous business man. They gave such men an advantage over their

competitors by granting them special rates; and inasmuch as this

practice has played a decisive part in American business development,

its effect and its meaning, frequently as they have been pointed out,

must be carefully traced.

The railroads themselves are, perhaps, the most perfect illustration of

the profits which accrue in a rapidly growing country from the

possession of certain advantages in supplying to the public an

indispensable service. They were not built, as in most European states,

under national supervision and regulation, or according to a general

plan which prevented unnecessary competition. Their routes and their

methods were due almost entirely to private enterprise and to local

economic necessities. They originated in local lines radiating from

large cities; and only very slowly did their organization come to

correspond with the great national routes of trade. The process of

building up the leading systems was in the beginning a process of

combining the local roads into important trunk lines. Such combinations

were enormously profitable, because the business of the consolidated

roads increased in a much larger proportion than did the cost of

financing end operating the larger mileage; and after the combinations

were made the owners of the consolidated road were precisely in the

position of men who had obtained a certain strategic advantage in

supplying a necessary service to their fellow-countrymen. Their

terminals, rights of way, and machinery could not be duplicated except

at an increased cost, and their owners were in a position necessarily to

benefit from the growth of the country in industry and population. No

doubt their economic position was in certain respects precarious. They

did not escape the necessity, to which other American business

enterprises had to submit, of fighting for a sufficient share of the

spoils. But in making the fight, they had acquired certain advantages

which, if they were intelligently used, would necessarily result in

victory; and as we all know, these advantages have proved to be

sufficient. The railroads have been the greatest single source of large

American fortunes, and the men who control the large railroad systems

are the most powerful and conspicuous American industrial leaders.

Important, however, as has been the direct effect of big railroad

systems on the industrial economy of the country, their indirect effects

have probably been even more important. In one way or another, they have

been the most effective of all agencies working for the larger

organization of American industries. Probably such an organization was

bound to have come in any event, because the standard economic needs of

millions of thrifty democrats could in the long run be most cheaply

satisfied by means of well-situated and fully equipped industrial plants

of the largest size; but the railroad both hastened this result and

determined its peculiar character. The population of the United States

is so scattered, its distances so huge, and its variations in

topographical level so great, that its industries would necessarily have

remained very local in character, as long as its system of

transportation depended chiefly upon waterways and highways. Some kind

of quick transportation across country was, consequently, an

indispensable condition of the national organization of American

industry and commerce. The railroad not only supplied this need, but

coming as it did pretty much at the beginning of our industrial

development, it largely modified and determined the character thereof.

By considerably increasing the area within which the products of any one

locality could be profitably sold, it worked naturally in favor of the

concentration of a few large factories in peculiarly favorable

locations; and this natural process was accelerated by the policy which

the larger companies adopted in the making of their rates. The rapid

growth of big producing establishments was forced, because of the

rebates granted to them by the railroads. Without such rebates the large

manufacturing corporation controlled by a few individuals might still

have come into existence; but these individuals would have been neither

as powerful as they now are, nor as opulent, nor as much subject to

suspicion.

It is peculiarly desirable to understand, consequently, just how these

rebates came to be granted. It was, apparently, contrary to the interest

of the railroad companies to cut their rates for the benefit of any one

class of customers; and it was, also, an illegal practice, which had to

be carried on by secret and underhand methods. Almost all the state laws

under which corporations engaged in transportation had been organized,

had defined railways, like highways, as public necessities. Such

corporations had usually been granted by the states the power to condemn

land,--and the delegation of such a power to a private company meant, of

course, that it owed certain responsibilities to the public as a common

carrier, among which the responsibility of not allowing special

privileges to any one customer was manifestly to be included. When the

railroad managers have been asked why they cut their published rates and

evaded the laws, they have always contended that they were forced to do

so; and whatever may be thought of the plea, it cannot be lightly set

aside. As we have seen, the trunk lines leading from Chicago to the

coast were the result of the consolidation of local roads. After the

consolidations had taken place, these companies began to compete

fiercely for through freight, and the rebates were an incident in this

competition. The trunk lines in the early years of their existence were

in the position of many other American business enterprises. For the

time being, they were more than competent to carry all the freight

offered at competitive points. Inasmuch as there was not enough to go

around, they fought mercilessly for what business there was. When a

large individual shipper was prepared to guarantee them a certain amount

of freight in return for special rates, they were obliged either to

grant the rates or to lose the business. Of course they submitted, and

defended their submission as a measure of self-preservation.

No great intelligence is required to detect in this situation the

evidence of a vicious circle. The absorption of Americans in business

affairs, and the free hand which the structure and ideals of American

life granted them, had made business competition a fierce and merciless

affair; while at the same time the fluid nature of American economic

conditions made success very precarious. Every shrewd and resolute man

would seek to secure himself against the dangers of this situation by

means of special advantages, and the most effective of all special

advantages would, of course, be special railroad rates. But a shipper

such as John D. Rockefeller could obtain special rates only because the

railroads were in a position similar to his own, and were fighting

strenuously for supremacy. The favored shipper and the railroad both

excused themselves on the ground of self-preservation, and sometimes

even claimed that it was just for a large shipper to obtain better rates

than a small one. This was all very well for the larger shipper and the

railroad, but in the meantime what became of the small shipper, whom Mr.

Rockefeller was enabled to annihilate by means of his contracts with the

railroad companies? The small shipper saw himself forced out of

business, because corporations to whom the state had granted special

privileges as common carriers, had a private interest in doing business

with his bigger, more daring, and unscrupulous competitors.

Of course no such result could have happened, if at any point in this

vicious circle of private interests, there had been asserted a dominant

public interest; and there are several points at which such an interest

might well have been intruded. The circle would have been broken, if,

for instance, the granting of illegal rebates had been effectively

prohibited; but as a matter of fact they could not be effectively

prohibited by the public authorities, to whom either the railroads or

the large shippers were technically responsible. A shipper of oil in

Cleveland, Ohio, would have a difficult time in protesting against

illegal discrimination on the part of a railroad conducting an

inter-state business and organized under the laws of New York. No doubt

he could appeal to the Federal government; but the Federal government

had been, for the time being, disqualified by many different causes from

effective interference. In the first place there was to be overcome the

conventional democratic prejudice against what was called

centralization. A tradition of local control over the machinery of

transit and transportation was dominant during the early period of

railroad construction. The fact that railways would finally become the

all-important vehicles of inter-state commerce was either overlooked or

considered unimportant. The general government did not interfere--except

when, as in the case of the Pacific lines, its interference and

assistance were solicited by private interests. For a long time the idea

that the Federal government had any general responsibility in respect to

the national transportation system was devoid of practical consequences.

In the end an Inter-state Commerce law was passed, in which the

presence of a national interest in respect to the American system of

transportation was recognized. But this law, like our tariff laws, was

framed for the benefit chiefly of a combination of local and special

interests; and it served little to advance any genuine national interest

in relation to the railroads. To be sure it did forbid rebates, but the

machinery for enforcing the prohibition was inefficient, and during

another twenty years the prohibition remained substantially a dead

letter. The provisions of the law forbidding rebates were in truth

merely a bit of legal hypocrisy. Rebates could not be openly defended;

but the business of the country was honeycombed with them, and the

majority of the shippers in whose interest the law was passed did not

want the prohibition enforced. Their influence at Washington was

sufficiently powerful to prevent the adoption of any effective measures

for the abatement of the evil. The Federal Inter-state Commerce

Commission, unlike the local authorities, would have been fully

competent to abolish rebates; but the plain truth was that the effective

public opinion in the business world either supported the evil or

connived at it. The private interests at stake were, for the time being,

too strong for the public interest. The whole American business

tradition was opposed to government interference with prevailing

business practices; and in view of this fact the responsibility for the

rebates cannot be fixed merely upon the railroads and the trusts. The

American system had licensed energetic and unscrupulous individual

aggrandizement as the best means of securing a public benefit; and

rebates were merely a flagrant instance of the extent to which public

opinion permitted the domination of private interests.

The failure of the Federal government to protect the public interest in

a matter over which the state governments had no effective control, has

greatly accelerated the organization of American industries on a

national scale, but for private and special purposes. Certain

individuals controlling certain corporations were enabled to obtain a

decided advantage in supplying certain services and products to the

enormously increasing American market; and once those individuals and

corporations had obtained dominant positions, it was in their interest

to strengthen one another's hands in every possible way. One big

corporation has as a rule preferred to do business with another big

corporation. They were all of them producing some standard commodity or

service, and it is part of the economical conduct of such businesses to

buy and sell so far as possible in large quantities and under long

contracts. Such contracts reduced to a comparatively low level the

necessary uncertainties of business. It enabled the managers of these

corporations to count upon a certain market for their product or a

certain cost for part of their raw material; and it must be remembered

that the chief object of this whole work of industrial organization was

to diminish the hazards of unregulated competition and to subject large

business operations to effective control. A conspicuous instance of the

effect of such interests and motives may be seen in the lease of the ore

lands belonging to the Great Northern Railroad to the United States

Steel Corporation. The railroad company owned the largest body of good

ore in the country outside of the control of the Steel Corporation, and

if these lands had been leased to many small companies, the ability of

the independent steel manufacturers to compete with the big steel

company would have been very much increased. But the Great Northern

Railroad Company found it simpler and more secure to do business with

one large than a number of small companies; and in this way the Steel

Corporation has obtained almost a monopoly of the raw material most

necessary to the production of finished steel. It will be understood,

consequently, how inevitably these big corporations strengthen one

another's hands; and it must be added that they had political as well as

economic motives for so doing. Although the big fellows sometimes

indulge in the luxury of fierce fighting, such fights are always the

prelude to still closer agreements. They are all embarked in the same

boat; and surrounded as they are by an increasing amount of enmity,

provoked by their aggrandizement, they have every reason to lend one

another constant and effective support.

There may be discerned in this peculiar organization of American

industry an entangling alliance between a wholesome and a baleful

tendency. The purpose which prompted men like John D. Rockefeller to

escape from the savage warfare in which so many American business men

were engaged, was in itself a justifiable and ameliorating purpose.

Competition in American business was insufficiently moderated either by

the state or by the prevailing temper of American life. No sensible and

resourceful man will submit to such a precarious existence without

making some attempt to escape from it; and if the means which Mr.

Rockefeller and others took to secure themselves served to make the

business lives of their competitors still more precarious, such a result

was only the expiation which American business men were obliged to pay

for their own excesses. The concentrated leadership, the partial

control, the thorough organization thereby effected, was not necessarily

a bad thing. It was in some respects a decidedly good thing, because

leadership of any kind has certain intrinsic advantages. The trusts have

certainly succeeded in reducing the amount of waste which was

necessitated by the earlier condition of wholly unregulated competition.

The competitive methods of nature have been, and still are, within

limits indispensable; but the whole effort of civilization has been to

reduce the area within which they are desirably effective; and it is

entirely possible that in the end the American system of industrial

organization will constitute a genuine advance in industrial economy.

Large corporations, which can afford the best machinery; which control

abundant capital, and which can plan with scrupulous economy all the

details of producing and selling an important product or service, are

actually able to reduce the cost of production to a minimum; and in the

cases of certain American corporations such results have actually been

achieved. The new organization of American industry has created an

economic mechanism which is capable of being wonderfully and

indefinitely serviceable to the American people.

On the other hand, its serviceability is much diminished by the special

opportunities it gives a few individuals. These opportunities do not

amount in any case to a monopoly, but they do amount to a species of

economic privilege which enable them to wring profits from the

increasing American market disproportionate to the value of their

economic services. What is still more unfortunate, however, is the

equivocal position of these big corporations in respect to the laws

under which they are organized, and in respect to the public

authorities which are supposed to control them. Many of the large

railway and industrial corporations have reached their present size

partly by an evasion or a defiance of the law. Their organizers took

advantage of the American system of local self-government and the

American disposition to reduce the functions of the Federal government

to a minimum--they took advantage of these legal conditions and

political ideas to organize an industrial machinery which cannot be

effectively reached by local statutes and officials. The favorable

corporation laws of some states have been used as a means of preying

upon the whole country; and the unfavorable corporation laws of other

states have been practically nullified. The big corporations have proved

to be too big and powerful for the laws and officials to which the

American political system has subjected them; and their equivocal legal

position has resulted in the corruption of American public life and in

the serious deterioration of our system of local government.

The net result of the industrial expansion of the United States since

the Civil War has been the establishment in the heart of the American

economic and social system of certain glaring inequalities of condition

and power. The greater American railroad and industrial corporations

control resources and conduct operations on a scale unprecedented in the

economic history of the world. The great American industrial leaders

have accumulated fortunes for which there is also no precedent on the

part of men who exercise no official political power. These inequalities

are the result of the organization of American industry on almost a

national scale,--an organization which was brought about as a means of

escape from the intolerable evils of unregulated competition. Every

aspect of American business methods has helped to make them inevitable,

and the responsibility for them must be distributed over the whole

business and social fabric. But in spite of the fact that they have

originated as the inevitable result of American business methods and

political ideas and institutions, they constitute a serious problem for

a democracy to face; and this problem has many different aspects. Its

most serious aspect is constituted by the sheer size of the resulting

inequalities. The rich men and the big corporations have become too

wealthy and powerful for their official standing in American life. They

have not obeyed the laws. They have attempted to control the official

makers, administrators, and expounders of the law. They have done little

to allay and much to excite the resentment and suspicion. In short,

while their work has been constructive from an economic and industrial

standpoint, it has made for political corruption and social

disintegration. Children, as they are, of the traditional American

individualistic institutions, ideas, and practices, they have turned on

their parents and dealt them an ugly wound. Either these economic

monsters will destroy the system of ideas, institutions, and practices

out of which they have issued or else be destroyed by them.

III

THE DEVELOPMENT OF THE POLITICAL SPECIALIST

The corporations were able to secure and to exercise an excessive and

corrupt influence on legislation, because their aggrandizement coincided

with a process of deterioration in our local political institutions. We

have seen that the stress of economic competition had specialized the

American business man and made him almost exclusively preoccupied with

the advancement of his own private interests; and one of the first

results of this specialization was an alteration in his attitude towards

the political welfare of his country. Not only did he no longer give as

much time to politics as he formerly did, but as his business increased

in size and scope, he found his own interests by way of conflicting at

many points with the laws of his country and with its well-being. He did

not take this conflict very seriously. He was still reflected in the

mirror of his own mind as a patriotic and a public-spirited citizen; but

at the same time his ambition was to conquer, and he did not scruple to

sacrifice both the law and the public weal to his own prosperity. All

unknowingly he began to testify to a growing and a decisive division

between the two primary interests of American life,--between the

interest of the individual business man and the interest of the body

politic; and he became a living refutation of the amiable theories of

the Jacksonian Democrat that the two must substantially coincide. The

business man had become merely a business man, and the conditions which

had made him less of a politician had also had its effect upon the men

whose business was that of politics. Just as business had become

specialized and organized, so politics also became subject to

specialization and organization. The appearance of the "Captain of

Industry" was almost coincident with the appearance of the "Boss."

There has been a disposition to treat the "Boss" chiefly as the

political creature of the corrupt corporation; and it is undoubtedly

true that one of the most important functions of the municipal and state

"Bosses" has been that of conducting negotiations with the corporations.

But to consider the specialized organization of our local politics as

the direct result of specialized organization of American business is

wholly to misunderstand its significance. The two processes are the

parallel effects of the same conditions and ideas working in different

fields. Business efficiency under the conditions prevailing in our

political and economic fabric demanded the "Captain of Industry."

Political efficiency under our system of local government demanded the

"Boss." The latter is an independent power who has his own special

reasons for existence. He put in an embryonic appearance long before the

large corporations had obtained anything like their existing power in

American politics; and he will survive in some form their reduction to

political insignificance. He has been a genuine and within limits a

useful product of the American democracy; and it would be fatal either

to undervalue or to misunderstand him.

The American system of local self-government encouraged the creation of

the political "Boss," because it required such an enormous amount of

political business. Some one was needed to transact this business, and

the professional politician was developed to supply the need. There was

no reason why such a need should have existed; because the amount of

political business incident to state government could have been very

much economized by a simpler method of organization. But American

democratic ideas during the years when the state governments took form

were wholly opposed to simplicity of organization. The state

constitutions adopted during the period of Jacksonian supremacy seem

designed to make local government costly in time and energy and

irresponsible in action; and they provided the legal scenery in the

midst of which the professional politician became the only effective

hero.

The state constitutions were all very much influenced by the Federal

instrument, but in the copies many attempts were made to improve upon

the model. The Democracy had come to believe that the Federal

Constitution tended to encourage independence and even special

efficiency on the part of Federal officials; and it proposed to correct

such an erroneous tendency in the more thoroughly democratic state

governments. No attempt was, indeed, made to deprive the executive and

the judicial officials of independence by making them the creatures of

the legislative branch; for such a change, although conforming to

earlier democratic ideas, would have looked in the direction of a

concentration of responsibility. The far more insidious course was

adopted of keeping the executive, the judicial, and the legislative

branches of the government technically separate, while at the same time

depriving all three of any genuine independence and efficiency. The term

of the executive, for instance, was not allowed to exceed one or two

years. The importance of his functions was diminished. His power of

appointment was curtailed. Many of his most important executive

assistants were elected by popular vote and made independent of him. In

some few instances he was even deprived of a qualified veto upon

legislation. But the legislature itself was not treated much better.

Instead of deriving its power from a short constitution which conferred

upon it full legislative responsibilities and powers, the tendency has

been to incorporate an enormous mass of special and detailed legislation

in the fundamental law, and so to diminish indefinitely the power of the

legislative branch either to be useful or dangerous. Finally state

judges instead of being appointed for life were usually elected for

limited terms, so that they could scarcely avoid being more "amenable to

public opinion." The tendency in every respect was to multiply elections

and elective officials, divide responsibility and power, and destroy

independence. The more "democratic" these constitutions became, the more

clearly the Democracy showed its disposition to distrust its own

representatives, and to deprive them of any chance of being genuinely

representative.

The object of the Jacksonion Democrat in framing constitutions of this

kind was to keep political power in the hands of the "plain people," and

to forestall the domination of administrative and legislative

specialists. The effect was precisely the opposite. They afforded the

political specialist a wonderful opportunity. The ordinary American

could not pretend to give as much time to politics as the smooth

operation of this complicated machine demanded; and little by little

there emerged in different parts of the country a class of politicians

who spent all their time in nominating and electing candidates to these

numerous offices. The officials so elected, instead of being responsible

to the people, were responsible to the men to whom they owed their

offices; and their own individual official power was usually so small

that they could not put what little independence they possessed to any

good use. As a matter of fact, they used their official powers chiefly

for the benefit of their creators. They appointed to office the men whom

the "Bosses" selected. They passed the measures which the machine

demanded. In this way the professional politician gradually obtained a

stock of political goods wherewith to maintain and increase his power.

Reënforced by the introduction of the spoils system first into the state

and then into the Federal civil services, a process of local political

organization began after 1830 to make rapid headway. Local leaders

appeared in different parts of the country who little by little relieved

the farmer and the business man of the cares and preoccupations of

government. In the beginning the most efficient of these politicians

were usually Jacksonian Democrats, and they ruled both in the name of

the people and by virtue of a sturdy popular following. They gradually

increased in power, until in the years succeeding the war they became

the dominant influence in local American politics, and had won the right

to be called something which they would never have dared to call

themselves, viz. a governing class.

While the local "Boss" nearly always belonged to the political party

dominant in his neighborhood, so that he could in ordinary elections

depend upon the regular party vote, still the real source of his power

consisted in a band of personal retainers; and the means by which such

groups were collected and held together contain a curious mixture of

corruption and democracy. In the first place the local leader had to be

a "good fellow" who lived in the midst of his followers and knew all

about them. His influence was entirely dependent upon personal

kindliness, loyalty, and good-comradeship. He was socially the playmate

and the equal of his followers, and the relations among them were

characterized by many admirable qualities. The group was within limits a

genuine example of social democracy, and was founded on mutual

understanding, good-will, and assistance. The leader used his official

and unofficial power to obtain jobs for his followers. He succored them

when in need; he sometimes protected them against the invidious activity

of the police or the prosecuting attorneys; he provided excursions and

picnics for them in hot weather; he tied them to himself by a thousand

bonds of interest and association; he organized them into a clan, who

supported him blindly at elections in return for a deal of personal

kindliness and a multitude of small services; he became their genuine

representative, whether official or not, because he represented their

most vital interests and satisfied their most pressing and intimate

needs.

The general method of political organization indicated above was

perfected in the two decades succeeding the Civil War. The American

democracy was divided politically into a multitude of small groups,

organized chiefly for the purpose of securing the local and individual

interests of these groups and their leaders, and supported by local and

personal feeling, political patronage, and petty "graft." These groups

were associated with both parties, and merely made the use of partisan

ties and cries to secure the coöperation of more disinterested voters.

The result was that so far as American political representation was

merely local, it was generally corrupt, and it was always selfish. The

leader's power depended absolutely on an appeal to the individual,

neighborhood, and class interests of his followers. They were the

"people"; he was the popular tribune. He could not retain his power for

a month, in case he failed to subordinate every larger interest to the

flattery, cajolery, and nourishment of his local clan. Thus the local

representative system was poisoned at its source. The alderman, the

assemblyman, or the congressman, even if he were an honest man,

represented little more than the political powers controlling his

district; and to be disinterested in local politics was usually

equivalent to being indifferent.

Although these local clans were the basis of American political

organization, they were not, of course, its ultimate fruit. In many of

the cities, large and small, and in some of the states the leaders of

the local groups were subordinated to one of their number who became the

real "Boss" and who strengthened the district organizations by using for

their benefit the municipal, state, and Federal patronage. The relation

of the municipal or state "Boss" to the district leaders was similar to

the relation which the district leader bore to his more important

retainers. The "Boss" first obtained his primacy by means of diplomatic

skill or force of character; and his ability to retain it depended upon

his ability to satisfy the demands of the district leaders for

patronage, while at the same time leading the organization to victory in

the local elections. His special duties as "Boss" required personal

prestige, strength of will, power of persuasive talking, good judgment

of men, loyalty to his promises and his followers, and a complete lack

of scruple. Unlike the district leader, however, the municipal "Boss"

has tended to become a secretive and somewhat lonely person, who carried

on his business behind closed doors, and on whom was visited the odium

incurred by this whole system of political organization. The district

leader either does not incur or is less affected by this odium, because

his social status is precisely that of his followers. The "Boss," on the

other hand, by this wealth and public position would naturally be an

important member of the society in which he lives, whereas as a matter

of fact he has come to be ostracized because of the source of his power

and wealth. His leadership over-reached the district clan, which was

real social basis; and the consequence was that the "Boss" became, to

all appearances, a very unpopular man in the democracy which he ruled.

His secretiveness and his unpopularity point to one of the most

important functions of the municipal and state "Bosses," to which as yet

only incidental reference has been made. The "Boss" became the man who

negotiated with the corporations, and through whom they obtained what

they wanted. We have already seen that the large corporation,

particularly those owning railroad and municipal franchises, have found

that the purchase of a certain amount of political power was a necessary

consequence of their dubious legal position. A traffic of this kind was

not one, of course, to which many people could be admitted. It must be

transmitted in secret, and by people who possessed full authority. An

agreement to secure certain franchises or certain needed legislation in

return for certain personal or party favors was not an agreement which

could be made between a board of directors and a group of district

leaders. If a large number of people were familiar with the details of

such negotiations, something more than a hint thereof would be sure to

leak out; and unquestionably the fact that a traffic of this kind was

part of the political game had much to do with the ability of the

municipal or state "Boss" to obtain and to keep his power. The profits

not only enabled him to increase party funds and to line his own

pockets, but it also furnished him with a useful and abundant source of

patronage. He could get positions for the political henchmen of his

district leaders, not only with the local and state governments, but

with the corporations. Thus every "Boss," even those whose influence did

not extend beyond an election district, was more or less completely

identified with the corporations who occupied within his bailiwick any

important relation to the state.

This alliance between the political machines and the big

corporations--particularly those who operate railroads or control

municipal franchises--was an alliance between two independent and

coördinate powers in the kingdom of American practical affairs. The

political "Boss" did not create the industrial leader for his own good

purposes. Neither did the industrial leader create the machine and its

"Boss," although he has done much to confirm the latter's influence.

Each of them saw an opportunity to turn to his own account the

individualistic "freedom" of American politics and industry. Each of

them was enabled by the character of our political traditions to obtain

an amount of power which the originators of those political ideas never

anticipated, and which, if not illegal, was entirely outside the law.

It so happened that the kind of power which each obtained was very

useful to the other. A corporation which derived its profits from public

franchises, or from a business transacted in many different states,

found the purchase of a local or state machine well within its means and

well according to its interests. The professional politicians who had

embarked in politics as a business and who were making what they could

out of it for themselves and their followers, could not resist this

unexpected and lucrative addition to their market. But it must be

remembered that the alliance was founded on interest rather than

association, on mutual agreement rather than on any effective

subordination one to another. A certain change in conditions might

easily make their separate interests diverge, and abstract all the

profits from their traffic. If anything happened, for instance, to make

inter-state railroad corporations less dependent on the state

governments, they would no longer need the expense of subsidizing the

state machines. There are signs at the present time that these interests

are diverging, and that such alliances will be less dangerous in the

future than they have been in the past. But even if the alliance is

broken, the peculiar unofficial organization of American industry and

politics will persist, and will constitute, both in its consequences and

its significance, two of our most important national problems.

It would be as grave a mistake, however, absolutely to condemn this

process of political organization as it would absolutely to condemn the

process of industrial organization. The huge corporation and the

political machine were both created to satisfy a real and a permanent

need--the needs of specialized leadership and associated action in these

two primary American activities. That in both of these cases the actual

method of organization has threatened vital public interests, and even

the very future of democracy has been due chiefly to the disregard by

the official American political system of the necessity and the

consequences of specialized leadership and associated action. The

political system was based on the assumption that the individualism it

encouraged could be persuaded merely by the power of words to respect

the public interest, that public officials could be deprived of

independence and authority for the real benefit of the "plain people,"

and that the "plain people" would ask nothing from the government but

their legal rights. These assumptions were all erroneous; and when

associated action and specialized leadership became necessary in local

American politics, the leaders and their machine took advantage of the

defective official system to build up an unofficial system, better

suited to actual popular needs. The "people" wanted the government to do

something for them, and the politicians made their living and served

their country by satisfying the want. To be sure, the "people" they

benefited were a small minority of the whole population whose interests

were far from being the public interest; but it was none the less

natural that the people, whoever they were, should want the government

to do more for them than to guarantee certain legal rights, and it was

inevitable that they should select leaders who could satisfy their

positive, if selfish, needs.

The consequence has been, however, a separation of actual political

power from official political responsibility. The public officers are

still technically responsible for the good government of the states,

even if, as individuals, they have not been granted the necessary

authority effectively to perform their task. But their actual power is

even smaller than their official authority. They are almost completely

controlled by the machine which secures their election or appointment.

The leader or leaders of that machine are the rulers of the community,

even though they occupy no offices and cannot be held in any way

publicly responsible. Here, again, as in the case of the

multi-millionaire, we have an example of a dangerous inequality in the

distribution of power, and one which tends to maintain and perpetuate

itself. The professional politician is frequently beaten and is being

vigorously fought; but he himself understands how necessary he is under

the existing local political organization, and how difficult it will be

to dislodge him. Beaten though he be again and again, he constantly

recovers his influence, because he is performing a necessary political

task and because he is genuinely representative of the needs of his

followers. Organizations such as Tammany in New York City are founded on

a deeply rooted political tradition, a group of popular ideas,

prejudices, and interests, and a species of genuine democratic

association which are a guarantee of a long and tenacious life. They

will survive much of the reforming machinery which is being created for

their extirpation.

IV

THE LABOR UNION AND THE DEMOCRATIC TRADITION

One other decisive instance of this specialized organization of American

activity remains to be considered--that of the labor unions. The power

which the unions have obtained in certain industrial centers and the

tightness of their organization would have seemed anomalous to the good

Jacksonian Democrat. From his point of view the whole American democracy

was a kind of labor union whose political constitution provided for a

substantially equal division of the products of labor; and if the United

States had remained as much of an agricultural community as it was in

1830, the Jacksonian system would have preserved a much higher degree of

serviceability.

Except in the case of certain local Granger and Populist movements, the

American farmers have never felt the necessity of organization to

advance either their economic or their political interests. But when the

mechanic or the day-laborer gathered into the cities, he soon discovered

that life in a democratic state by no means deprived him of special

class interests. No doubt he was at worst paid better than his European

analogues, because the demand for labor in a new country was continually

outrunning the supply; but on occasions he was, like his employer,

threatened with merciless competition. The large and continuous stream

of foreign immigrants, whose standards of living were in the beginning

lower than those which prevailed in this country, were, particularly in

hard times, a constant menace not merely to his advancement, but to the

stability of his economic situation; and he began to organize partly for

the purpose of protecting himself against such competition. During the

past thirty years the work of organization has made enormous strides;

and it has been much accelerated by the increasing industrial power of

huge corporations. The mechanic and the laborer have come to believe

that they must meet organization with organization, and discipline with

discipline. Their object in forming trade associations has been

militant. Their purpose has been to conquer a larger share of the

economic product by aggressive associated action.

They have been very successful in accomplishing their object. In spite

of the flood of alien immigration the American laborer has been able to

earn an almost constantly increasing wage, and he devoutly thinks that

his unions have been the chief agency of his stronger economic position.

He believes in unionism, consequently, as he believes in nothing else.

He is, indeed, far more aggressively preoccupied with his class, as

contrasted with his individual interests, than are his employers. He has

no respect for the traditional American individualism as applied to his

own social and economic standing. Whenever he has had the power, he has

suppressed competition as ruthlessly as have his employers. Every kind

of contumelious reproach is heaped on the heads of the working men who

dare to replace him when he strikes; and he does not scruple to use

under such conditions weapons more convincing than the most opprobrious

epithets. His own personality is merged in that of the union. No

individual has any rights as opposed to the interests of the union. He

fully believes, of course, in competition among employers, just as the

employers are extremely enthusiastic over the individual liberty of the

working man. But in his own trade he has no use for individuality of any

kind. The union is to be composed of so many equal units who will work

the same number of hours for the some wages, and no one of whom is to

receive more pay even for more work. The unionist, that is, has come to

depend upon his union for that material prosperity and advancement

which, according to the American tradition, was to be the inevitable

result of American political ideas and institutions. His attachment to

his union has come to be the most important attachment of his life--more

important in most cases than his attachment to the American ideal and to

the national interest.

Some of the labor unions, like some of the corporations, have taken

advantage of the infirmities of local and state governments to become

arrogant and lawless. On the occasion of a great strike the strikers are

often just as disorderly as they are permitted to be by the local

police. When the police prevent them from resisting the employment of

strike-breakers by force, they apparently believe that the political

system of the country has been pressed into the service of their

enemies; and they begin to wonder whether it will not be necessary for

them to control such an inimical political organization. The average

union laborer, even though he might hesitate himself to assault a

"scab," warmly sympathizes with such assaults, and believes that in the

existing state of industrial warfare they are morally justifiable. In

these and in other respects he places his allegiance to his union and to

his class above his allegiance to his state and to his country. He

becomes in the interests of his organization a bad citizen, and at times

an inhuman animal, who is ready to maim or even to kill another man and

for the supposed benefit of himself and his fellows.

The most serious danger to the American democratic future which may

issue from aggressive and unscrupulous unionism consists in the state of

mind of which mob-violence is only one expression. The militant

unionists are beginning to talk and believe as if they were at war with

the existing social and political order--as if the American political

system was as inimical to their interests as would be that of any

European monarchy or aristocracy. The idea is being systematically

propagated that the American government is one which favors the

millionaire rather than the wage-earner; and the facts which either

superficially or really support this view are sufficiently numerous to

win for it an apparently increasing number of adherents. The union

laborer is tending to become suspicious, not merely of his employer, but

of the constitution of American society. His morals are becoming those

of men engaged in a struggle for life. The manifestations of this state

of mind in notion are not very numerous, although on many occasions they

have worn a sufficiently sinister aspect. But they are numerous enough

to demand serious attention, for the literature popular among the

unionists is a literature, not merely of discontent, but sometimes of

revolt.

Whether this aggressive unionism will ever become popular enough to

endanger the foundations of the American political and social order, I

shall not pretend to predict. The practical dangers resulting from it at

any one time are largely neutralized by the mere size of the country and

its extremely complicated social and industrial economy. The menace it

contains to the nation as a whole can hardly become very critical as

long as so large a proportion of the American voters are land-owning

farmers. But while the general national well-being seems sufficiently

protected for the present against the aggressive assertion of the class

interests of the unionists, the legal public interest of particular

states and cities cannot be considered as anywhere near so secure; and

in any event the existence of aggressive discontent on that part of the

unionists must constitute a serious problem for the American legislator

and statesman. Is there any ground for such aggressive discontent? How

has it come to pass that the American political system, which was

designed to guarantee the welfare and prosperity of the people, is the

subject of such violent popular suspicion? Can these suspicions be

allayed merely by curbing the somewhat excessive opportunities of the

rich man and by the diminution of his influence upon the government? Or

does the discontent indicate the existence of more radical economic

evils or the necessity of more radical economic reforms?

However the foregoing questions ought to be answered, there can be no

doubt as to the nature of the answers, proposed by the unionists

themselves. The unionist leaders frequently offer verbal homage to the

great American principle of equal rights, but what they really demand is

the abandonment of that principle. What they want is an economic and

political order which will discriminate in favor of union labor and

against non-union labor; and they want it on the ground that the unions

have proved to be the most effective agency on behalf of economic and

social amelioration of the wage-earner. The unions, that is, are helping

most effectively to accomplish the task, traditionally attributed to the

American democratic political system--the task of raising the general

standard of living; and the unionists claim that they deserve on this

ground recognition by the state and active encouragement. Obviously,

however, such encouragement could not go very far without violating both

the Federal and many state constitutions--the result being that there is

a profound antagonism between our existing political system and what the

unionists consider to be a perfectly fair demand. Like all good

Americans, while verbally asking for nothing but equal rights, they

interpret the phrase so that equal rights become equivalent to special

rights.

Of all the hard blows which the course of American political and

economic development has dealt the traditional system of political ideas

and institutions, perhaps the hardest is this demand for discrimination

on behalf of union labor. It means that the more intelligent and

progressive American workingmen are coming to believe that the American

political and economic organization does not sufficiently secure the

material improvement of the wage-earner. This conviction may be to a

large extent erroneous. Certain it is that the wages of unorganized farm

laborers have been increasing as rapidly during the past thirty years as

have the wages of the organized mechanics. But whether erroneous or not,

it is widespread and deep-rooted; and whatever danger it possesses is

derived from the fact that it affords to a substantially revolutionary

purpose a large and increasing popular following. The other instances of

organization for special purposes which have been remarked, have

superficially, at least, been making for conservatism. The millionaire

and the professional politician want above all things to be let alone,

and to be allowed to enjoy the benefit of their conquests. But the labor

organizations cannot exercise the power necessary in their opinion to

their interests without certain radical changes in the political and

economic order; and inasmuch as their power is likely to increase rather

than diminish, the American people are confronted with the prospect of

persistent, unscrupulous, and increasing agitation on behalf of an

economic and political reorganization in favor of one class of citizens.

The large corporations and the unions occupy in certain respects a

similar relation to the American political system. Their advocates both

believe in associated action for themselves and in competition for their

adversaries. They both demand governmental protection and recognition,

but resent the notion of efficient governmental regulation. They have

both reached their existing power, partly because of the weakness of the

state governments, to which they are legally subject, and they both are

opposed to any interference by the Federal government--except

exclusively on their own behalf. Yet they both have become so very

powerful that they are frequently too strong for the state governments,

and in different ways they both traffic for their own benefit with the

politicians, who so often control those governments. Here, of course,

the parallelism ends and the divergence begins. The corporations have

apparently the best of the situation because existing institutions are

more favorable to the interests of the corporations than to the

interests of the unionists; but on the other hand, the unions have the

immense advantage of a great and increasing numerical strength. They are

beginning to use the suffrage to promote a class interest, though how

far they will travel on this perilous path remains doubtful. In any

event, it is obvious that the development in this country of two such

powerful and unscrupulous and well-organized special interests has

created a condition which the founders of the Republic never

anticipated, and which demands as a counterpoise a more effective body

of national opinion, and a more powerful organization of the national

interest.

V

GOVERNMENT BY LAWYERS

The corporation, the politician, and the union laborer are all

illustrations of the organization of men representing fundamental

interests for special purposes. The specialization of American society

has not, however, stopped with its specialized organization. A similar

process has been taking place in the different professions, arts, and

trades; and of these much the most important is the gradual

transformation of the function of the lawyer in the American political

system. He no longer either performs the same office or occupies the

same place in the public mind as he did before the Civil War; and the

nature and meaning of this change cannot be understood without some

preliminary consideration of the important part which American lawyers

have played in American political history.

The importance of that part is both considerable and peculiar--as is the

debt of gratitude which the American people owe to American lawyers.

They founded the Republic, and they have always governed it. Some few

generals, and even one colonel, have been elected to the Presidency of

the United States; and occasionally business men of one kind or another

have prevailed in local politics; but really important political action

in our country has almost always been taken under the influence of

lawyers. On the whole, American laws have been made by lawyers; they

have been executed by lawyers; and, of course, they have been expounded

by lawyers. Their predominance has been practically complete; and so far

as I know, it has been unprecedented. No other great people, either in

classic, mediæval, or modern times, has ever allowed such a professional

monopoly of governmental functions. Certain religious bodies have

submitted for a while to the dominion of ecclesiastical lawyers; but the

lawyer has rarely been allowed to interfere either in the executive or

the legislative branches of the government. The lawyer phrased the laws

and he expounded them for the benefit of litigants. The construction

which he has placed upon bodies of customary law, particularly in

England, has sometimes been equivalent to the most permanent and

fruitful legislation. But the people responsible for the government of

European countries have rarely been trained lawyers, whereas American

statesmen, untrained in the law, are palpable exceptions. This dominion

of lawyers is so defiant of precedent that it must be due to certain

novel and peremptory American conditions.

The American would claim, of course, that the unprecedented prominence

of the lawyer in American politics is to be explained on the ground that

the American government is a government by law. The lawyer is

necessarily of subordinate importance in any political system tending

towards absolutism. He is even of subordinate importance in a liberal

system such as that of Great Britain, where Crown and Parliament, acting

together, have the power to enact any desired legislation. The Federal

Constitution, on the other hand, by establishing the Supreme Court as

the interpreter of the Fundamental Law, and as a separate and

independent department of the government, really made the American

lawyer responsible for the future of the country. In so far as the

Constitution continues to prevail, the Supreme Court becomes the final

arbiter of the destinies of the United States. Whenever its action can

be legally invoked, it can, if necessary, declare the will of either or

both the President and Congress of no effect; and inasmuch as almost

every important question of public policy raises corresponding questions

of Constitutional interpretation, its possible or actual influence

dominates American political discussion. Thus the lawyer, when

consecrated as Justice of the Supreme Court, has become the High Priest

of our political faith. He sits in the sanctuary and guards the sacred

rights which have been enshrined in the ark of the Constitution.

The importance of lawyers as legislators and executives in the actual

work of American government has been an indirect consequence of the

peculiar function of the Supreme Court in the American political system.

The state constitutions confer a corresponding function on the highest

state courts, although they make no similar provision for the

independence of the state judiciary. The whole business of American

government is so entangled in a network of legal conditions that a

training in the law is the beet education which an American public man

can receive. The first question asked of any important legislative

project, whether state or Federal, concerns its constitutionality; and

the question of its wisdom is necessarily subordinate to these

fundamental legal considerations. The statesman, who is not a lawyer,

suffers under many disadvantages--not the least of which is the

suspicion wherewith he is regarded by his legal fellow-statesmen. When

they talk about a government by law, they really mean a government by

lawyers; and they are by way of believing that government by anybody but

lawyers is really unsafe.

The Constitution bestowed upon the American lawyer a constructive

political function; and this function has been confirmed and even

enlarged by American political custom and practice. The work of finally

interpreting the Federal Constitution has rarely been either conceived

or executed in a merely negative spirit. The construction, which

successive generations of Supreme Court Justices have placed upon the

instrument, has tended to enlarge its scope, and make it a legal

garment, which was being better cut to fit the American political and

economic organism. In its original form, and to a certain extent in its

present form, the Constitution was in many respects an ambiguous

document which might have been interpreted along several different

lines; and the Supreme Court in its official expositions has been

influenced by other than strictly legal and verbal reasons--by

considerations of public welfare or by general political ideas. But such

constructive interpretations have been most cautiously and discreetly

admitted. In proclaiming them, the Supreme Court has usually represented

a substantial consensus of the better legal opinion of the time; and

constructions of this kind are accepted and confirmed only when any

particular decision is the expression of some permanent advance or

achievement in political thinking by the American lawyer. It becomes

consequently of the utmost importance that American lawyers should

really represent the current of national political opinion. The Supreme

Court has been, on the whole, one of the great successes of the American

political system, because the lawyers, whom it represented, were

themselves representative of the ideas and interests of the bulk of

their fellow-countrymen; and if for any reason they become less

representative, a dangerous division would be created between the body

of American public opinion and its official and final legal expositors.

If the lawyers have any reason to misinterpret a serious political

problem, the difficulty of dealing therewith is much increased, because

in addition to the ordinary risks of political therapeutics there will

be added that of a false diagnosis by the family doctor. The adequacy of

the lawyers' training, the disinterestedness of their political motives,

the fairness of their mental outlook, and the closeness of their contact

with the national public opinion--all become matters of grave public

concern.

It can be fairly asserted that the qualifications of the American lawyer

for his traditional task as the official interpreter and guide of

American constitutional democracy have been considerably impaired.

Whatever his qualifications have been for the task (and they have,

perhaps, been over-estimated) they are no longer as substantial as they

were. Not only has the average lawyer become a less representative

citizen, but a strictly legal training has become a less desirable

preparation for the candid consideration of contemporary political

problems.

Since 1870 the lawyer has been traveling in the same path as the

business man and the politician. He has tended to become a professional

specialist, and to give all his time to his specialty. The greatest and

most successful American lawyers no longer become legislators and

statesmen as they did in the time of Daniel Webster. They no longer

obtain the experience of men and affairs which an active political life

brings with it. Their professional practice, whenever they are

successful, is so remunerative and so exacting that they cannot afford

either the time or the money which a political career demands. The most

eminent American lawyers usually remain lawyers all their lives; and if

they abandon private practice at all, it is generally for the purpose of

taking a seat on the Bench. Like nearly all other Americans they have

found rigid specialization a condition of success.

A considerable proportion of our legislators and executives continue to

be lawyers, but the difference is that now they are more likely to be

less successful lawyers. Knowledge of the law and a legal habit of mind

still have a great practical value in political work; and the

professional politicians, who are themselves rarely men of legal

training, need the services of lawyers whose legal methods are not

attenuated by scruples. Lawyers of this class occupy the same relation

to the local political "Bosses" as the European lawyer used to occupy in

the court of the absolute monarch. He phrases the legislation which the

ruler decides to be of private or public benefit; and he acts frequently

as his employer's official mouthpiece and special pleader.

No doubt many excellent and even eminent lawyers continue to play an

important and an honorable part in American politics. Mr. Elihu Root is

a conspicuous example of a lawyer, who has sacrificed a most lucrative

private practice for the purpose of giving his country the benefit of

his great abilities. Mr. Taft was, of course, a lawyer before he was an

administrator, though he had made no professional success corresponding

to that of Mr. Root. Mr. Hughes, also, was a successful lawyer. The

reform movement has brought into prominence many public-spirited

lawyers, who, either as attorney-generals or as district attorneys, have

sought vigorously to enforce the law and punish its violators. The

lawyers, like every class of business and professional men, have felt

the influence of the reforming ideas, which have become so conspicuous

in American practical politics, and they have performed admirable and

essential work on behalf of reform.

But it is equally true that the most prominent and thorough-going

reformers, such as Roosevelt, Bryan, and Hearst, are not lawyers by

profession, and that the majority of prominent American lawyers are not

reformers. The tendency of the legally trained mind is inevitably and

extremely conservative. So far as reform consists in the enforcement of

the law, it is, of course, supported by the majority of successful

lawyers; but so far as reform has come to mean a tendency to political

or economic reorganization, it has to face the opposition of the bulk of

American legal opinion. The existing political order has been created by

lawyers; and they naturally believe somewhat obsequiously in a system

for which they are responsible, and from which they benefit. This

government by law, of which they boast, is not only a government by

lawyers, but is a government in the interest of litigation. It makes

legal advice more constantly essential to the corporation and the

individual than any European political system. The lawyer, just as much

as the millionaire and the politician, has reaped a bountiful harvest

from the inefficiency and irresponsibility of American state

governments, and from the worship of individual rights.

They have corporations in Europe, but they have nothing corresponding to

the American corporation lawyer. The ablest American lawyers have been

retained by the special interests. In some cases they have been retained

to perform tasks which must have been repugnant to honest men; but that

is not the most serious aspect of the situation. The retainer which the

American legal profession has accepted from the corporations inevitably

increases its natural tendency to a blind conservatism; and its

influence has been used not for the purpose of extricating the large

corporations from their dubious and dangerous legal situation, but for

the purpose of keeping them entangled in its meshes. At a time when the

public interest needs a candid reconsideration of the basis and the

purpose of the American legal system, they have either opposed or

contributed little to the essential work, and in adopting this course

they have betrayed the interests of their more profitable clients--the

large corporations themselves--whose one chance of perpetuation depends

upon political and legal reconstruction.

The conservative believer in the existing American political system

will doubtless reply that the lawyer, in so far as he opposes radical

reform or reorganization, is merely remaining true to his function as

the High Priest of American constitutional democracy. And no doubt it is

begging the question at the present stage of this discussion, to assert

that American lawyers as such are not so well qualified as they were to

guide American political thought and action. But it can at least be

maintained that, assuming some radical reorganization to be necessary,

the existing prejudices, interests, and mental outlook of the American

lawyer disqualify him for the task. The legal profession is risking its

traditional position as the mouthpiece of the American political creed

and faith upon the adequacy of the existing political system. If there

is any thorough-going reorganization needed, it will be brought about in

spite of the opposition of the legal profession. They occupy in relation

to the modern economic and political problem a position similar to that

of the Constitutional Unionists previous to the Civil War. Those

estimable gentlemen believed devoutly that the Constitution, which

created the problem of slavery and provoked the anti-slavery agitation,

was adequate to its solution. In the same spirit learned lawyers now

affirm that the existing problems can easily be solved, if only American

public opinion remain faithful to the Constitution. But it may be that

the Constitution, as well as the system of local political government

built up around the Federal Constitution, is itself partly responsible

for some of the existing abuses, evils, and problems; and if so, the

American lawyer may be useful, as he was before the Civil War, in

evading our difficulties; but he will not be very useful in settling

them. He may try to settle them by decisions of the Supreme Court; but

such decisions,--assuming, of course, that the problem is as inexorable

as was that of the legal existence of slavery in a democratic

nation,--such decisions would have precisely the same effect on public

opinion as did the Dred Scott decision. They would merely excite a

crisis, which they were intended to allay, and strengthen the hands of

the more radical critics of the existing political system.

VI

AMERICAN DEMOCRACY AND THE SOCIAL PROBLEM

The changes which have been taking place in industrial and political and

social conditions have all tended to impair the consistency of feeling

characteristic of the first phase of American national democracy.

Americans are divided from one another much more than they were during

the Middle Period by differences of interest, of intellectual outlook,

of moral and technical standards, and of manner of life. Grave

inequalities of power and deep-lying differences of purpose have

developed in relation of the several primary American activities. The

millionaire, the "Boss," the union laborer, and the lawyer, have all

taken advantage of the loose American political organization to promote

somewhat unscrupulously their own interests, and to obtain special

sources of power and profit at the expense of a wholesome national

balance. But the foregoing examples of specialized organization and

purposes do not stand alone. They are the most conspicuous and the most

troublesome because of the power wielded by those particular classes,

and because they can claim for their purposes the support of certain

aspects of the American national tradition. Yet the same process has

been taking place in all the other departments of American social and

intellectual life. Technical experts of all kinds--engineers, men of

letters, and artists--have all of them been asserting much more

vigorously their own special interests and purposes. In so asserting

themselves they cannot claim the support of the American national

democratic convention. On the contrary, the proclamation of high

technical standards and of insistent individual purposes is equivalent

to a revolt from the traditions of the Middle Period, which were all in

favor of cheap work and the average worker. But different as is the

situation of these technical experts, the fundamental meaning of their

self-assertion is analogous to that of the millionaire and the "Boss."

The vast incoherent mass of the American people is falling into definite

social groups, which restrict and define the mental outlook and social

experience of their members. The all-round man of the innocent Middle

Period has become the exception. The earlier homogeneity of American

society has been impaired, and no authoritative and edifying, but

conscious, social ideal has as yet taken its place.

The specialized organization of American industry, politics, and labor,

and the increasingly severe special discipline imposed upon the

individual, are not to be considered as evils. On the contrary, they are

indications of greater practical efficiency, and they contain a promise

of individual moral and intellectual emancipation. But they have their

serious and perilous aspects, because no sufficient provision has been

made for them in the national democratic tradition. What it means is

that the American nation is being confronted by a problem which the

earlier national democracy expected to avoid--the social problem. By the

social problem is usually meant the problem of poverty; but grave

inequalities of wealth are merely the most dangerous and distressing

expression of fundamental differences among the members of a society of

interest and of intellectual and moral standards. In its deepest aspect,

consequently, the social problem is the problem of preventing such

divisions from dissolving the society into which they enter--of keeping

such a highly differentiated society fundamentally sound and whole.

In this country the solution of the social problem demands the

substitution of a conscious social ideal for the earlier instinctive

homogeneity of the American nation. That homogeneity has disappeared

never to return. We should not want it to return, because it was

dependent upon too many sacrifices of individual purpose and

achievement. But a democracy cannot dispense with the solidarity which

it imparted to American life, and in one way or another such solidarity

must be restored. There is only one way in which it can be restored, and

that is by means of a democratic social ideal, which shall give

consistency to American social life, without entailing any essential

sacrifice of desirable individual and class distinctions. I have used

the word "restoration" to describe this binding and healing process; but

the consistency which would result from the loyal realization of a

comprehensive coherent democratic social ideal would differ radically

from the earlier American homogeneity of feeling. The solidarity which

it would impart to American society would have its basis in feeling and

its results in good fellowship; but it must always remain a promise and

constructive ideal rather than a finished performance. The social

problem must, as long as societies continue to endure, be solved afresh

by almost every generation; and the one chance of progress depends both

upon an invincible loyalty to a constructive social ideal and upon a

current understanding by the new generation of the actual experience of

its predecessors.

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