A NEEDED UNPOPULAR REFORM

The American people in their frugal rural days enjoyed their freedom,

knew all their neighbors, and governed themselves simply and directly.

They knew personally the men they elected. Now bosses govern them, and

the men they elect are unknown to the voters. The republic is rich,

the people are many. Still possessed of that spirit of liberty which

Edmund Burke noted as characteristic of the American colonists, and

still reaching for complete self-government, they have grasped too

much, and have lost their grip on what is essential. They have seen

the setting up of secret oligarchies in all the chief cities and

states. The head of the most considerable of these oligarchies,

regnant save in times of extraordinary protest and agitation, is

virtually king of a tributary city and state, whose population is over

thrice that of the original thirteen Colonies, whose public

expenditures are three hundred millions of dollars yearly, and whose

wealth amounts to twenty-five billions. He and his associates, too,

partake of this fierce American spirit, in the sense that they are

strong individualists. And they are captains of a peculiar industry.

The fathers foresaw this danger to the republic. Judah Hammond says

that Washington, before the close of his second term, "rebuked

self-creative societies from an apprehension that their ultimate

tendency would be hostile to the public tranquillity." The members of

the Society of Tammany, who were then celebrating its eighth birthday,

"supposed their institution to be included in the reproof, and they

almost all forsook it." But the organization's founder, William

Mooney, and a few with him, made Aaron Burr their leader, and he and

his friend Matthew L. Davis forged it and tempered it into an

instrument of perpetual and public plunder.

It was inevitable that there should be "self-creative societies" in

the United States devoted to the political preferment and personal

emolument of their members. It accorded with the genius of a people

who wished, above all things, individually to be let alone in their

lives, liberty, and pursuit of happiness. Vast natural possessions

must be explored and exploited. The victorious new nation was engaged

in ravaging a bountiful land and in despoiling its savage possessors.

To the spirit of liberty which its citizens inherited as Englishmen

and as sons of dissidence and protestantism, was added a contagion of

wildness from their redskin foes. The "Burrites" paraded in Indian

garb, danced, and used savage ceremonies. The climate, changeable and

stimulating, and the conditions of the time, charged with the

possibilities of material and political conquest, had bred desperate

leaders differing from the patriots who headed the societies of the

Revolution. These leaders naturally opposed the party of Alexander

Hamilton, with its suggestions of a responsible, centralized, and

controlling government. The Society of old Tamenund welcomed Aaron

Burr into its wigwam after he slew Hamilton. It shielded its founder,

Mooney, after he was convicted for stealing "wampum," or "trifles for

Mrs. Mooney," from New York City's supplies. It acclaimed Benjamin

Romaine as its Grand Sachem, after his removal in 1806 from the City

Controllership for malfeasance. Abraham Stagg, political ancestor of

Charles F. Murphy, continued to get the contracts for paving the

city's streets after his conviction, in 1808, of concealing accounts

as Collector of Assessments. Tammany's braves assaulted the City Hall

in 1815 and removed the Mayor, DeWitt Clinton, who was the honest and

better prototype of William Sulzer; but Clinton later repelled their

attack on him as Governor. Under Matthew Davis they had early

perfected their mode of raiding the primaries that they might

consequently raid the City Treasury, and in 1800 their manipulations

actually resulted in the election of President Jefferson. Their

councils were so crafty that by 1816 they were ruling New York by a

committee of fourteen chieftains. In his excellent history of Tammany

Hall, Gustavus Myers says:

Substantially, fourteen men were acting for over five thousand

Republican voters, and eight members of the fourteen composed a

majority. Yet the system had all the pretence of a pure

democracy; the wards were called upon to elect delegates; the

latter chose candidates and made party rules; and the "great

popular meeting" accepted or rejected nominees; it all seemed to

spring directly from the people.

Thus early was formed the perfect and predatory "system" which

typifies the oligarchies that have acquired control of the American

states and cities. Their forays and assaults have been continuous

through more than a century. Now and then a warrior, chief, or Sachem

has been captured with his booty and punished. Such were the cases of

the treasury stealings by Ruggles Hubbard and John L. Broome in 1817;

of Jacob Barker and his fellow Sachems in the bank frauds of 1826; of

the procurement of legislative charters by bribery in 1834, involving

Peter Betts and Luke Metcalfe; of the lobbying by Samuel Swartout for

the Harlem Railroad in 1835, and his defalcations in 1838; of the

Manhattan Bank's lendings to Tammany leaders in 1840; of the gambler

Rynders and the Empire Club scandal in 1844; of the sales of

nominations under Fernando Wood in 1846, and the Council of the "Forty

Thieves" in 1851; of the extortions for ferry leases and railroad

franchises in 1854; of the election frauds of 1857, and so on, down to

the monumental thieveries of "Boss" Tweed and his "ring," exposed in

1871, the death of "Honest" John Kelly in 1886, the rise of Richard

Croker in 1890, who testified that he worked "for his pocket all the

time," and to Murphy, who in 1913 displayed the supreme power of

Tammany by bringing about the removal of William Sulzer from the

Governorship for disobeying the "invisible government." These

exposures merely punctuate a long history of sustained and systematic

plunder, for a parallel with which we must go back to the times of the

Medici and the oligarchy they reared above the fabric of the

Florentine republic.

But the rule of thieves, corruptionists, and "machine" men, which must

be acknowledged as nearly universal in the United States, a rule which

makes it impossible for the people to select their own candidates for

office, and usually dictates the elections, is strangely the price the

public pays for social and economic freedom. It was the intent of the

founders that the people should control their own government. The

founders made it as nearly a pure democracy as they dared. The

charters of American cities and the constitutions of the states reveal

long lists of elective offices. The statutes define strictly the

duties of officials; their terms are made short, and through the

multitude of offices, important and petty, it is clear that one

purpose runs to make each directly answerable to the voters. In every

quadrennial cycle the voters of New York City engage in the election

of over five hundred incumbents of offices, state and municipal.

Tickets with candidates for thirty offices in a single election are of

normal length, and between the rival candidates on four or five such

tickets each voter is expected intelligently to make his selection. If

he makes it intelligently, the officials elected will be fit; if he

understands their duties, and can spare time to watch their conduct

while he observes the behavior of several score other officials whose

terms have not yet expired, he can punish those who are unfaithful,

and reward those who show themselves worthy of public trust. But to

carry on an efficient government in this way, most of the voters would

have to leave their private pursuits, abandon the opportunities of a

great and rich country, and give their minds chiefly to the complex

administrations of all the public offices. Will they do it? Can they?

The voters, the least and most intelligent of them, all know that it

is impracticable to leave their private pursuits, to which they devote

time and energy unsparingly, and attend in this way to the government.

The very method the people have provided to secure the offices under

their direct control defeats its purpose by the amount of work and

study it entails. No owner of a large business establishment would

pretend that he could judge the qualifications of _all_ his employees

and know their work, yet this ability to assure good service in the

great business establishment of government, is presumed in every

voter. The presumption is as distinguished for its foolishness as for

its age. It has not been well founded in a century, during which time

it has been repeatedly proved false. Most elections go by default.

Excepting in the cases of a few conspicuous candidates, about whom the

public can make itself informed, and in small communities where

everyone knows his neighbor and the men in petty offices, the

electorate obeys mechanically the dictates of political leaders.

The notion of having most offices elective, originated, of course, in

the practice of the old New England town meetings. But as the towns

grew into cities, and these increased in population, the public works

expanded, public interests and activities became complex, and the

number of offices and instruments of government was multiplied, each

with its peculiar responsibilities. The private concerns of the

voters, likewise, acquired a complexity that made extra demands on

their attention, and the trades and professions became specialized.

The people could no longer rule themselves by any method resembling

that of the town meeting. As they developed their unexampled

opportunities, their eyes were diverted from the multitude of public

offices, and the plunderers came in.

The politicians were devoted. They dedicated the time the voters could

not spare to holding together the complicated public machinery. The

people could not very well go to the primaries; that should be the

business of the bosses, their bread and butter. They do their work at

least zealously. They are called traitors and plunderers, many hate

them, but perforce everybody tolerates them, and the states and cities

under the present system cannot do without them. Their low

organizations, their dives and groggeries, their gangs of "floaters"

and intimidators of voters, their levyings of tribute, their control

of men in high places, their sales of power and patronage, and their

gigantic thefts and corruption show only in its perverse working that

fierce individualistic spirit which is in freer play here and now

among all ranks of men, and in all pursuits, than elsewhere in the

world during the course of human history.

To say that the influence of such men, self-constituted governors of

the public for their own private interest, has been pernicious beyond

their immediate stealings and "honest graft," would be saying too

little. The people in their local governments, which are closer to

their lives and in the aggregate more important than the national

government, have not had the equal protection of the laws. Under the

bosses, legislatures were for sale, and sold. The corporations got

their public franchises by bribery. Vast insurance funds were juggled

in speculation. The necessaries of life were monopolized. Wholesale

adulteration of foods and medicines was permitted. Refrigerated meats

were kept for higher prices until ptomaines were produced. Unsafe

buildings were erected. The boss, in whose power was the enforcement

of laws, could instruct the aldermen or the legislators not to

appropriate money for their enforcement. He could bargain for the

passage of unwise or oppressive statutes, and he could instruct

judges, appointed to their candidacies by him, how to interpret them.

Had his influence extended only to the heads of lawless trusts, it

might have been less dangerous than it was and is. But it was

pervasive, it infected the common people. They saw the laws unequally

administered, and a general contempt for law was bred. Dr. Fritz

Reichmann, Superintendent of Weights and Measures at Albany, recently

calculated that petty tradesmen cheated New York's consumers with

short measures by at least $10,000,000 yearly. Raids upon the small

groceries and shops of Greater New York during a reform

administration, disclosed false weights and measures in the majority

of them. Here was evidence that the fabric of the body politic had

been warped and wrenched from the standards of individual rectitude.

Fortunately, signs are not lacking of what has been called a great

moral awakening. Taking advantage of the Federal system at Washington,

which is based upon the theory that the boss shall be selected by the

people and placed in the Presidency by them, appointing heads of all

the subordinate offices, the people have through the Presidents caused

the dissolution of great monopolies, and have made the business of

captaining industries by unfair means disreputable. The industrial

captains are no longer satisfied with their material gains. They want

the respect of their fellows. They are reforming their bad companies

or forsaking them, and are devoting their wealth to public ends. One

of the states has greatly aided in this change, and its example is

instructive. New Jersey, the "home of the trusts," notorious

throughout the world for its fathering of monopolies, is in all but

its legislature a "short ballot" state. The legislators are elected at

large by counties; the ballot is long in the thickly populated urban

counties, and the unfair representation of the rural counties unites

with the city bosses to control the law-making power, usually, also,

dictating the nominations for Governor. But the Governorship of New

Jersey is practically the only office to be filled by the people's

vote. Like the President at Washington the Governor appoints his own

cabinet and the rest of the state's executive and judicial officers.

New Jersey's pre-eminence as the home of the trusts was gained after

the nomination of Governor after Governor by the bosses.

In the Fall of 1910 New Jersey's bosses overreached themselves.

Ex-Senator James Smith and his nephew "Jim" Nugent, chairman of the

Democratic State Committee, saw an opportunity to defeat the

Republicans, who were in power, by the nomination of Woodrow Wilson,

then President of Princeton University. The New Jersey Democracy

adopted a platform which bore the impress of Mr. Wilson's style and

principles, and it gave to a great citizen a great opportunity for

service. He at once proclaimed his independence of his political

creators. He said that if elected Governor he would act as leader of

his party. He became, in fact, a leader among many able Governors in a

series of harmonious reforms for which the inspiration came from

within the States. But ex-Governor Pennypacker of Pennsylvania, who

was a creature of the boss system, accused Mr. Wilson of becoming the

"most arrogant boss of them all when he got to be Governor." James

Smith, shorn of his power, remarked:

New Jersey is unlike any other State in the Union. It elects very

few of its officials. Nearly all of them are named by the

Governor. He has about two hundred appointees, whose salaries

range from $2,000 to $15,000 a year. Among these appointees are

Judges, and other places that carry a great deal of influence

with them. The method gives the Governor a chance to build up a

system--which is something which I believe I was charged with

having, and of which I have recently been deprived.

No more significant utterance had been made in a century of American

politics. Governor Wilson rose immediately to the full stature of his

powers. He carried out his platform pledges, appealing to public

opinion in the passage through a hostile legislature of laws reforming

the conduct of elections, making employers liable for the injuries of

workmen, restricting campaign expenses and requiring that they be

published before elections, creating a public utilities commission,

regulating the cold storage of foods, permitting cities to adopt

governments by the short ballot, and preventing the grant of charters

to monopolistic companies. He drove through a body of reform

legislation such as had never been seen on New Jersey's statute books,

eclipsing the record of a generation. He defeated Boss Smith's

candidacy for re-election to the United States Senate, both because he

was a boss and because as one of the "Senators from Havemeyer" in

1894, Smith had betrayed the principles of the Wilson tariff bill and

President Cleveland's program for tariff reduction. Wilson became a

"veto Governor," disposing of 150 bills invading home rule, or

reckless of debts, which were dumped on him in the closing days of his

first legislative session, and which were carelessly drawn. And he

fulfilled his pledge to comply with the Civil Service rules in making

all appointments. His acceptance of the National Democratic nomination

to the Presidency in 1912 resulted in his becoming the head of a

"short ballot" nation.

President Wilson, like many of his predecessors at the National

capital, is vindicating the principle of the short ballot. The state

bosses have often invaded the Federal legislature and government, but

in comparison with their control of state machines they have never got

very far. The national party machines are made up of local fragments.

But their nominating machinery, which has such an inevitable and

disastrous influence on local elections, is concentrated upon the

three offices of President, Senator, and Representative, all of which

are of primary concern to the voters. The national candidates must

conform to higher standards than local candidates, because they are

few, conspicuous, and known of all their constituencies. In this fact

may be seen the controlling reason why, while the local governments

have everywhere been taken by the bosses from the hands of the people,

the Federal system is still theirs.

Despite the brilliant and recent example of New Jersey, handicapped as

she is by a long-ballot legislature organized on the bi-cameral

principle, and despite the continuing example of successive

administrations at Washington, it is nevertheless hard for the alarmed

electorates of the states to give up their old direct-election,

town-meeting ideals. The representative system has failed, they say.

They should see that it has failed because of its weight of machinery,

necessitated by the number of elective offices. But the tendency is

marked toward discarding the representative principle at the

primaries, and making it the duty of the people to nominate as well as

elect directly to the many offices. That adds to the work of each

voter, which is already, and confessedly, too great. Tear down

representative government; away with the system of electing delegates

at the primaries; let us nominate as well as vote for each candidate

ourselves--that is the principle of the direct primary bills which

have acquired the force of statutes in the western states, and are

being agitated in the east. It is but natural that the people should

be enraged at the manipulation of primaries by the politicians. To do

away with delegates and conventions is their first impulse. Certainly

the delegates elected, and the conventions held, are injurious to good

government. But the principle of representation by the best qualified

men of the electorate is not impaired. The establishment of the direct

primary makes necessary two campaigns instead of one, necessitates a

new equipment of political machinery, and doubles the distraction of

the people by the many offices they must fill. They do not yet see

that fewer and more responsible offices would bring abler candidates

into the field, that public opinion might be concentrated upon their

choosing by delegates in conventions, and on their intelligent

election at the polls.

The constitutional amendment submitted last Fall to the voters of

Ohio, providing fewer elective offices and centering in the Executive

the power of appointment to all lesser posts, was opposed on the

ground that it would take authority from the people. Governor Cox was

accused of trying to be king. He might well have pointed to

Washington, which has had its "kingship" since the foundation of the

republic. Governor Glynn of New York, who needed advice and counsel

after the impeached Sulzer left the capitol, held cabinet meetings

with the Secretary of State, the Attorney-General, Comptroller, State

Treasurer, and State Engineer and Surveyor. Unlike President Wilson's

cabinet, these men had been appointed, not by the Chief Executive, but

by the party machines, whose leaders foresaw that they would be voted

blindly into office. Officials whom the public did not know had the

spending of millions in party patronage. To them the new Governor was

constrained to look for support. In theory the Chief Executive, he had

to work through agents who might be hostile to his purposes. Through

such officers Mr. Murphy had extended his power throughout the state,

and his contractors were beneficiaries of the millions wasted upon

ill-constructed highways and canals.

How to dispense with the cumbersome political machinery that has

oppressed the local elections as the needs of the increasing

population became more complex, is a chief problem of these times. The

bosses have, indeed, prepared the way for its solution. It is

necessary for the people to recognize that the bosses' unofficial work

should be placed in the hands of responsible executive officials, and

thus changed from its private ends to public uses. The unskilled

committees of citizens formed during times of public agitation and

revolt may occasionally defeat the machines of more skilled

politicians, but their triumphs are short-lived, and the reform

administrations are often unsatisfactory. Public spirit abounds, it

grapples with enormous difficulties. The chief difficulty now is in a

lack of apprehension of the chief source of the public's troubles.

The smaller cities are leading in the fundamental reform. Nearly three

hundred of them have adopted the short ballot in charters that confer

government by commission. Each of the commissioners, usually five in

number, focuses public attention on his headship of a municipal

department, and the five make most or all of the appointments. The

states, likewise, are beginning to follow the lead of New Jersey. Ohio

has granted its cities the option of government by commissioners, and

has started to prune the list of state elective offices. California is

heading in the same direction, for it has made appointive its state

printer, three railroad commissioners, and clerk of the supreme court.

In New York it is sought to make the Governor's "cabinet" appointive,

as well as the state judiciary, which compares ill with the judiciary

of other states, such as New Jersey and Massachusetts, where the

judges are appointed by the Governor. The Supreme Court of the United

States, whose judges are appointed by the President for life, has won

the respect of high juridical authorities for its ability, probity,

and learning, in which it endures comparison with the greatest

European courts of last resort. A reduction of the legislatures into

single bodies has been advocated, notably by Governor Hodges of

Kansas. The legislatures with two chambers have not worked to the ends

of deliberation, but the contrary. The progress of measures has been

obscured in them until the closing days of their sessions, when there

are "jammed through" questionable acts that have never met the public

gaze until their enactment. New York has its legislative members

apportioned by districts, which, if reduced to fifty for a single

chamber, would be approved by advocates of the short ballot.

Deliberation might then be had by requiring a certain interval of time

between introduction of bills and their final passage, after revision

by skilled drafters. The county governments, also, need overhauling,

relegating the sheriffs, county clerks, registers, surrogates, and

district attorneys to the appointive lists. As for the cities, the

tendency is to fix responsibility in the Mayor or a commission.

The multiplied elective offices have come by evolution. As the needs

of the body politic increased more of them were created, with

developed and specialized functions. They were made elective because

the people were jealous of their own control, anxious to select their

representatives, and to make them responsive to their will. The people

are now more eager and persistent in their purpose of having a really

representative government than at any previous time in the national

history. They occasionally seize control of their complex machinery,

and for a time succeed in running it. But they are beginning to see

that the levers they throw must be fewer, though more powerful.

Gradually, by the reluctant assent of legislatures submitting to the

force of public opinion well led, or more rapidly and comprehensively

in constitutional conventions guided by the enlightened and patriotic

wills of public-spirited revisers, the change to a government of a few

elected executives with large appointive powers will be wrought. The

unchartered freedom of the private oligarchies will yield to the

restraints imposed by the people through their instructed heads.

The Unpopular Review Vol. I January-June 1914 · 第 17 / 67 题