ELIHU ROOT

Elihu Root might have been so much publicly and has been so little

that a moral must hang somewhere upon his public career.

He might have been many things. He might have been President of the

United States if his party ever could have been persuaded to

nominate him. He might have been one of the great Chief Justices of

the Supreme Court if a President could have been persuaded to

appoint him. He might have given to the United States Senate that

weight and influence which have disappeared from it, if he had had

a passion for public service. He might have been Secretary of State

in the most momentous period of American foreign relations if a

certain homely instinct in Mr. Harding had not led him to prefer

the less brilliant Mr. Hughes. He might have made history. But he

has not. Out of his eight years in the Cabinet and six years in the

Senate nothing constructive came that will give his name a larger

place in history than that of Rufus Choate, another remarkable

advocate who was once Attorney General.

Distrust has always barred his way, distrust of a mind and

character to which problems appear as exercises in ingenuity rather

than questions of right and justice. His greatest opportunity for

constructive statesmanship was offered in the making of the New

York State constitution. But when it became known that Mr. Root had

dominated the Constitutional Convention, that the proposed

constitution was Mr. Root's constitution, that was enough; the

voters rejected it in the referendum.

Distrust spoiled the mission to Russia during the war. The Russians

distrusted him while he was with them. President Wilson distrusted

his report when he returned. And Mr. Wilson's successor equally

distrusted him when he chose a man to finish the work which Mr.

Wilson had badly done or to correct the work that Mr. Wilson had

left undone at Paris.

Light on President Harding's attitude toward Mr. Root is thrown by

an incident at Marion during the campaign. The Republican candidate

had made his speech of August 28th in which he indicated his views

upon the League of Nations. Two days later a newspaper arrived in

Marion containing a dispatch from abroad where Mr. Root then was,

at work upon the international court.

The correspondent represented Mr. Root as "amazed" at the position

Mr. Harding had taken.

The candidate came to the headquarters early that morning. One of

the headquarters attaches handed him a copy of the paper. Mr.

Harding read the dispatch and was angry.

"That man Root," he exclaimed, "has done more harm to the

Republican party than any other man in it! He is always pursuing

some end of his own or of some outside interest." He started away;

then turned back, still angry, and added: "You remember the Panama

Canal tolls incident. That was an example of the kind of trouble he

has always been making for the party."

Many reasons have been given why the President passed over the

obvious man for Secretary of State. Mr. Root himself, who would

have taken the place gladly as an opportunity for his extremely

keen intelligence, but who did not seek it, thinks that the Senate,

flushed with its recent victory over Mr. Wilson and desiring itself

to dominate foreign relations, conspired to prevent his choice. The

Senators did oppose Mr. Root, but their lack of influence with the

President has been sufficiently exposed by events.

The real obstacle to Mr. Root's appointment was Mr. Harding's

distrust of him, the instinctive feeling of a simple direct nature

against a mind too quick, too clever, too adroit, too invisible in

many of its operations. Mr. Harding, being commonplace himself,

likes a more commonplace kind of greatness than Mr. Root's. Those

who were close to him said the President feared that Mr. Root would

"put something over on him." A certain moral quality in Mr. Hughes

outweighed Mr. Root's special experience and wider reputation.

Mr. Roosevelt used to tell a story boastfully of his own

practicality which throws much light on Mr. Root and upon the

reason for Mr. Root's comparative failure as a public man.

"When I took Panama," he would say, "I found all the members of my

Cabinet helpful except one. Mr. Root readily found numerous

precedents. Mr. Taft was sympathetic and gave every assistance

possible. Mr. Knox alone was silent. At last I turned to him in the

Cabinet meeting and I said, 'I should like to hear from the

Attorney General on the legality of what we are doing.' Mr. Knox

looked up and said, 'Mr. President, if I were you I should not have

the slightest taint of legality about the whole affair.'"

Such was Mr. Root. Public questions always were likely to occur to

him first as exercises in mental adroitness rather than as moral

problems. His extremely agile mind finds its chief pleasure in its

own agility. Then he was always the advocate, always instinctively

devoting himself to bolstering up another man's cause for him.

"He is a first class second," said Senator Penrose, objecting to

him as a candidate for President at the Republican Convention of

1916, "but he is not his own man."

He is always someone else's mouthpiece and publicly he is chiefly

remembered as Mr. Roosevelt's mouthpiece. When he came to New York

and made the speech that elected Hughes Governor and made possible

Hughes as Secretary of State he said, "I speak for the President."

He equally spoke for the President when he delivered that other

remembered address, warning the States that unless they mended

their ways the Federal Government would absorb their vitality.

The law is a parasitic profession and Mr. Root's public career is

parasitic. He lacks originality, he lacks passion--there is no

place for passion in that clear mind--he lacks force. He elucidates

other men's ideas, works out or puts into effect their policies,

presents their case, is, by temperament, by reason of gifts

amounting almost to genius, of defects that go with those gifts

always and everywhere, the lawyer. His public career has been

controlled by this circumstance.

I doubt if he ever had a real love of public life. He turned to it

late, after he had made his success in the profession of his

choice, and he carried over into it the habits of the law. He

always seemed to be taking cases for the public. He took a case for

Mr. McKinley as Secretary of War because the War Department needed

reorganization and the case promised to be interesting. He took a

case for Mr. Roosevelt as Secretary of State because Mr. Roosevelt

was the most interesting client in the world. He took a case for

New York State, to remodel its constitution, a case that ended

disastrously. He took a case for Mr. Wilson in Russia and another,

the League of Nations, to form its international court for it. He

was willing to take a case for Mr. Harding to make a going concern

of the world for him following the smash-up of the war, something

like the task of counsel of a receivership, the most interesting

receivership of all time.

For a few years Mr. Roosevelt made public life interesting to Mr.

Root who, it looked then, might devote the rest of his career to

national affairs.

It was a sparkling period for America. We have never had an "age"

in the history of this country like the age of Elizabeth or the age

of Louis XIV, or the age of Lorenzo, the Magnificent; time is too

short and democracy too rigid for such splendors; but the nearest

equivalent to one was the "age," let us call it that, of Theodore

Roosevelt. There was the central figure--an age must have a central

figure--a buoyant personality with a Renaissance zest for life, and

a Renaissance curiosity about all things known, and unknown, and a

boundless capacity for vitalizing everyone and everything with

which he came in contact.

Dull moments were unknown. Knighthood was once more in flower,

wearing frock coats and high hats and reading all about itself in

the daily press. Lances were tilted at malefactors of great wealth,

in jousts where few were unhorsed and no blood spilled. Fair

maidens of popular rights were rescued; great deeds of valor done.

Legends were created, the legend of Leonard Wood, somewhat damaged

in the last campaign, the legend of the Tennis Cabinet, with its

Garfields and its Pinchots, now to be read about only in the black

letter books of the early twentieth century, and the legend of

Elihu Root, still supported in a measure by the evidences of his

highly acute intelligence, but still like everything else of those

bright days, largely a legend.

Roosevelt, the Magnificent, made men great with a word, and his

words were many. His great were many likewise, great statesmen,

great public servants, great writers, great magazine editors, great

cowboys from the West, great saints and great sinners, great

combinations of wealth and great laws to curb them; everything in

scale and that a great scale. Mr. Root acquired his taste for

public life in that "age" just as Mr. Hoover, Mr. Baruch and a

dozen others did theirs in the moving period of the Great War. It

is easy to understand how.

Like all remarkable ages this age was preceded by discoveries. The

United States had just fought a war which had ended in a great

victory, over Spain. The American people were elated by their

achievement, aware of their greatness, talked much and surely of

"destiny," the period in Washington being but a reflection of their

own mood. Their mental horizon had been immensely widened by the

possession, gained in the war, of some islands in the Pacific whose

existence we had never heard of before.

Until that time there had been for us only two nations in the

world, the United States and England, the country with which we had

fought two wars, and innumerable national campaigns. Historically

there had of course been another country as friendly as England had

sometimes been inimical, France, but France had ceased to be a

nation and became a succession of revolutions.

Manila Bay had been a series of revelations, besides teaching us

that Philippines is spelled with two "ps" and only one "l." We had

there discovered Germany, a country whose admirals had bad sea

manners. We knew at once that our next war would be with Germany,

although the day before Dewey said, "You may fire when you are

ready, Gridley," we would as soon have thought that our next war

would be with Patagonia.

There too we had an interesting and surprising experience with

England, hitherto known chiefly for her constant designs on the

national dinner pail. She behaved in striking and pleasing contrast

with Germany. Blood, on that bright day, May 1, 1898, began to be

thicker than water. Learning once more had come out of the East.

From Manila Bay flowed such a tide of new ideas, such a

reassessment of old conceptions as had not visited the world since

the discovery of Greek and Latin letters put an end to the Middle

Ages.

Perceiving our widened interest, John Hay, as Secretary of State,

took our foreign relations on a grand Cook's tour of the world. He

showed us Europe and the Orient. In honor of Manila Bay he invented

that brilliant fiction, the "open door" in the East. Turning our

attention to the world we discovered the General Staff. Hitherto

our army had fought mostly with the scattered Indian tribes of the

West and you cannot use a General Staff in conducting six separate

wars at once, each no bigger than a good-sized riot. But as Admiral

Perry had opened the eyes of the Hermit Kingdom of Japan, so

Admiral whatever-his-name-was who consented to be sunk by Dewey,

the unremembered hero of this great enlightenment, had opened the

eyes of this Hermit Republic of the West to the world across the

seas.

We had to have a General Staff. Mr. Root, as Secretary of War, gave

us one, faithfully copied from the best European models. Roosevelt,

the Magnificent, stood by and said "Bully." Everything was of this

order; so it was to a tremendously interesting job that Mr. Root

succeeded when he took the place of John Hay as Secretary of State.

The mood of the hour was expansive and a luminous personality

pervaded the national life.

But public service cannot always be so interesting as it is at its

fullest moments. The luminous personality went out. And Mr. Root's

next experience, in the United States Senate, was disillusioning.

The Senate is a body in which you grow old, ungracefully waiting

for dead men's shoes. The infinite capacity for taking pains which

Senators have is not genius. If the gods have been good to you, as

they were to Henry Cabot Lodge, you enter the upper house young, a

scholar and idealist, with the hope of the Presidency as the reward

of generous service. Where the race is to the slow you lay aside

your winged gifts one by one and your ambition centers finally not

on the Presidency but on some committee chairmanship clung to by a

pertinacious octogenarian.

Hope deferred makes you avaricious of little favors, until when a

British journalist writes of you as one did of Henry Cabot Lodge,

making his speech before the last Republican national convention at

Chicago, that you "looked like an elderly peer addressing a labor

gathering," your cup of happiness, is full to the brim, as Henry

Cabot Lodge's was,--whether because you are compared to a lord or

because other people, lesser than Senators, are put into their

proper inferior place. Mr. Lodge is the perfect flower of the

Senate. It is a flower that does not bloom in a night. It is almost

a century plant.

Into this Senate came Mr. Root, full stature, as he might walk into

the Supreme Court of the United States, preceded by his reputation.

On Olympus one may spring full grown like Minerva from the head of

Jove. But not in the Senate, where strong prejudice exists against

any kind of cerebral generation. A young Senator from Ohio, Mr.

Harding, arrived in the upper House early enough to see the portent

of Mr. Root there. He keeps to this day a sense of its unbecomingness.

From his desk on the floor Mr. Root talked to the country, but the

Senate did not listen. One does not speak in the Senate by the

authority of intellect or of personality. One speaks by the

authority of dead men's shoes.

Not being a big committee chairman, Mr. Root was not of counsel in

the big cases. He tried to associate himself with counsel but the

traditions of the Senate and the jealousy of Senators were against

him. He had not the passion for public service that makes Reed

Smoot and Wesley Jones miraculously patient with the endless

details of legislation. After six years he quit.

"I am tired of it," he said to Senator Fall, "the Senate is doing

such little things in such a little way." It was different from

public life under Roosevelt where one did not notice size of what

they did--one has not yet noticed the size of what they did--for

the grandeur of the way they did it.

I have said that Mr. Root's mind with its advocate's bent always

occupied itself with the justification of other men's views, his

chief's or his party's. There was one notable exception, his break

with the Republicans while he was in the Senate on the question of

discriminating in favor of American shipping through the Panama

Canal. A clever lawyer's argument can be made that when the United

States said "all nations" in its treaty with Great Britain

regarding the Canal it meant all nations except itself. But Mr.

Root declined to make it, holding that plain morality and a greater

respect for the obligations of a treaty than Bethman Hollweg

expressed when he called them scraps of paper required this country

to charge just the same tolls for American ships using the canal as

for British ships or any other ships using it.

The general Republican argument is that thus interpreted, the

Hay-Pauncefote treaty is so foolish and so inconvenient a treaty that

Mr. Hay must not have meant what he said when he wrote it, and

really did mean something that he wholly failed to say. The reasons

for contending that Mr. Hay meant no tolls for the United States

and tolls for England, when he wrote the same tolls for everybody

are highly ingenious and as it was a Democratic President who was

asserting that Mr. Hay used language in its ordinary sense, Mr.

Root as a Republican might have been expected to declare that Mr.

Hay used it in quite the reverse of its ordinary sense. But he did

not. He supported the Democratic President and treated the

Republican position as if it had not the slightest taint of

legality in it, to the lasting shock of Mr. Harding, on whose side

the precedents are, for nations do say "all nations," and are later

found to mean all nations but themselves when their virtuous

promises to make no exceptions in their own favor turn out to be

inconvenient.

When Mr. Root took a high moral stand on the treaty it was said

among Republican Senators that he was thinking more of the

transcontinental railroads which were fighting competition by water

than he was of the sanctity of international engagements. The

probability is that he was probably thinking more of John Hay and

Elihu Root than he was of either. He was in the Cabinet when John

Hay as Secretary of State made the treaty. Senator Lodge, the only

other Senator to agree with Mr. Root and disagree with his party

about the meaning of all nations, was John Hay's closest friend.

Probably both of them, intimately associated with Mr. Hay, had

their part in the making of the treaty. They had perhaps the

sensitiveness of authors about their capacity to say exactly what

they meant. They wanted to recognize their own international piece

when it was put on the stage by the commercially minded producers

of the Senate.

The history of the Hay-Pauncefote treaty is interesting and

unfamiliar. Attaching Pauncefote's name to the treaty was a

delicate act of international courtesy since there is Pauncefote's

word for it, privately spoken, that he had nothing to do with the

writing of it.

Hay draughted the treaty by himself probably with the cognizance of

Root and Lodge, the great lawyer who was his associate in the

Cabinet and his closest personal friend in the Capitol. Hay then

handed it to Pauncefote, the British minister here. Pauncefote

transmitted it to the foreign office in London which received it

with surprise and probably with satisfaction, for the Clayton-Bulwer

treaty which it in a sense revived, had been forgotten for nearly

half a century. Delay is the rule of foreign offices.

Perhaps Mr. Hay's treaty was not so generous as it seemed on first

reading, a suspicion which seems to have been justified by the

interpretation put upon it by the final authority upon international

engagements, the Republican National Convention at Chicago. And if

it was as generous as it seemed let not America think Great Britain

too eager in accepting it, let America pay a little to overcome the

reluctance of Great Britain in setting her approval upon the new

contract.

At last, after much apparent hesitation, the foreign office agreed

to the new treaty in consideration of America's throwing in, with

it an arbitration of the Bering Sea dispute. President Roosevelt

interpreted Mr. Hay's arbitration contract much as the Republican

National Convention interpreted Mr. Hay's treaty, by appointing

American arbitrators who promised beforehand, in giving a fair and

impartial hearing to the Canadian claims, always to vote for the

American position and to resign and be succeeded by others if they

found that they could not do so.

Why, then, the prevailing distrust of Mr. Root? His public morals

regarding the Hay-Pauncefote treaty were better than those of his

party, even if we accept the view that they were dictated by

nothing more than a certain mental integrity, a certain consistency

with himself. He was as virtuous in the taking of the Panama Canal

as the virtuous Mr. Roosevelt. He had the advocate's honesty of

being true to his client, whether his client was the public or the

great corporations. Mentality was uppermost in him, so that he took

primarily a logical rather than a moral view of all questions; but

also so much that he could not pretend, could not act, and thus he

was more honest than the politicians.

His statesmanship was discontinuous, being an interesting avocation

rather than a career. Of it little has been permanent. His General

Staff soon lapsed into incompetence; if it had not, it might have

been the danger to American national life that the German General

Staff was to German national life. Recently it was merged with the

high command. As Secretary of State he was not creative, Mr.

Harding turning back to the solid ground of American international

policy, rested upon John Hay's open door and Knox's dollar

diplomacy. Root in foreign relations merely succeeded with the

Senate where Hay had failed. Always the advocate, he takes other

men's ideas, Hay's or Wilson's and justifies them or makes them

practical. His New York constitution failed, being unjustly

suspected. His world court has little better hope of acceptance,

for Mr. Hughes is not a voluntary sharer of glory.

In spite of it all, some greatness remains, the impression of a

powerful though limited intelligence. His career was to give us a

moral. It is: if you have an adroit and energetic mind you will

find public affairs uninteresting; except in their occasional

phases. If you have such a mind and must enter politics, hide it;

otherwise democracy will distrust you. Whatever you do, be dull.

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