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diff --git a/3041.txt b/3041.txt new file mode 100644 index 0000000..542ec80 --- /dev/null +++ b/3041.txt @@ -0,0 +1,4804 @@ +The Project Gutenberg EBook of The Cleveland Era, by Henry Jones Ford + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Cleveland Era + A Chronicle of the New Order in Politics, Volume 44 in The + Chronicles of America Series + +Author: Henry Jones Ford + +Posting Date: January 23, 2009 [EBook #3041] +[Last updated: April 18, 2015] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE CLEVELAND ERA *** + + + + +Produced by The James J. Kelly Library Of St. Gregory's +University, and Alev Akman + + + + + + +THE CLEVELAND ERA, + +A CHRONICLE OF THE NEW ORDER IN POLITICS + +By Henry Jones Ford + +NEW HAVEN: YALE UNIVERSITY PRESS + +TORONTO: GLASGOW, BROOK & CO. + +LONDON: HUMPHREY MILFORD + +OXFORD UNIVERSITY PRESS + +1919 + +Volume 44 in the Chronicles of America Series. Abraham Lincoln Edition. + + + +CONTENTS + + I. A TRANSITION PERIOD + II. POLITICAL GROPING AND PARTY FLUCTUATION + III. THE ADVENT OF CLEVELAND + IV. A CONSTITUTIONAL CRISIS + V. PARTY POLICY IN CONGRESS + VI. PRESIDENTIAL KNIGHT-ERRANTRY + VII. THE PUBLIC DISCONTENTS + VIII. THE REPUBLICAN OPPORTUNITY + IX. THE FREE SILVER REVOLT + X. LAW AND ORDER UPHELD + BIBLIOGRAPHICAL NOTE + + + + +THE CLEVELAND ERA + + + +CHAPTER I. A TRANSITION PERIOD + +Politicians at Washington very generally failed to realize that the +advent of President Hayes marked the dismissal of the issues of war and +reconstruction. They regarded as an episode what turned out to be the +close of an era. They saw, indeed, that public interest in the old +issues had waned, but they were confident that this lack of interest was +transient. They admitted that the emotional fervor excited by the war +and by the issues of human right involved in its results was somewhat +damped, but they believed that the settlement of those issues was still +so incomplete that public interest would surely rekindle. For many years +the ruling thought of the Republican party leaders was to be watchful +of any opportunity to ply the bellows on the embers. Besides genuine +concern over the way in which the negroes had been divested of political +privileges conferred by national legislation, the Republicans felt a +tingling sense of party injury. + +The most eminent party leaders at this time--both standing high as +presidential possibilities--were James G. Blaine and John Sherman. In +a magazine article published in 1880 Mr. Blaine wrote: "As the matter +stands, all violence in the South inures to the benefit of one political +party.... Our institutions have been tried by the fiery test of war, and +have survived. It remains to be seen whether the attempt to govern the +country by the power of a 'solid South,' unlawfully consolidated, can be +successful.... The republic must be strong enough, and shall be strong +enough, to protect the weakest of its citizens in all their rights." And +so late as 1884, Mr. Sherman earnestly contended for the principle of +national intervention in the conduct of state elections. "The war," he +said, "emancipated and made citizens of five million people who had been +slaves. This was a national act and whether wisely or imprudently done +it must be respected by the people of all the States. If sought to be +reversed in any degree by the people of any locality it is the duty +of the national government to make their act respected by all its +citizens." + +Republican party platforms reiterated such opinions long after their +practical futility had become manifest. Indeed, it was a matter of +common knowledge that negro suffrage had been undone by force and fraud; +hardly more than a perfunctory denial of the fact was ever made in +Congress, and meanwhile it was a source of jest and anecdote among +members of all parties behind the scenes. Republican members were +bantered by Democratic colleagues upon the way in which provision +for Republican party advantage in the South had actually given to the +Democratic party a solid block of sure electoral votes. The time at +last came when a Southern Senator, Benjamin Tillman of South Carolina, +blurted out in the open what had for years been common talk in private. +"We took the government away," he asserted. "We stuffed ballot boxes. We +shot them. We are not ashamed of it.... With that system--force, tissue +ballots, etc.--we got tired ourselves. So we called a constitutional +convention, and we eliminated, as I said, all of the colored people we +could under the fourteenth and fifteenth amendments.... The brotherhood +of man exists no longer, because you shoot negroes in Illinois, when +they come in competition with your labor, and we shoot them in South +Carolina, when they come in competition with us in the matter of +elections." + +Such a miscarriage of Republican policy was long a bitter grievance to +the leaders of the party and incited them to action. If they could have +had their desire, they would have used stringent means to remedy the +situation. Measures to enforce the political rights of the freedmen were +frequently agitated, but every force bill which was presented had to +encounter a deep and pervasive opposition not confined by party lines +but manifested even within the Republican party itself. Party platforms +insisted upon the issue, but public opinion steadily disregarded it. +Apparently a fine opportunity to redress this grievance was afforded +by the election of President Harrison in 1888 upon a platform declaring +that the national power of the Democratic party was due to "the +suppression of the ballot by a criminal nullification of the +Constitution and laws of the United States," and demanding "effective +legislation to secure integrity and purity of elections." But, although +they were victorious at the polls that year, the Republican leaders were +unable to embody in legislation the ideal proposed in their platform. Of +the causes of this failure, George F. Hoar gives an instructive +account in his "Autobiography." As chairman of the Senate committee on +privileges and elections he was in a position to know all the details of +the legislative attempts, the failure of which compelled the Republican +leaders to acquiesce in the decision of public opinion against the old +issues and in favor of new issues. + +Senator Hoar relates that he made careful preparation of a bill for +holding, under national authority, separate registrations and elections +for members of Congress. But when he consulted his party associates in +the Senate he found most of them averse to an arrangement which would +double the cost of elections and would require citizens to register +at different times for federal elections and for state and municipal +elections. Senator Hoar thereupon abandoned that bill and prepared +another which provided that, upon application to court showing +reasonable grounds, the court should appoint officers from both parties +to supervise the election. The bill adopted a feature of electoral +procedure which in England has had a salutary effect. It was provided +that in case of a dispute concerning an election certificate, the +circuit court of the United States in which the district was situated +should hear the case and should award a certificate entitling the one or +other of the contestants to be placed on the clerk's roll and to serve +until the House should act on the case. Mr. Hoar stated that the bill +"deeply excited the whole country," and went on to say that "some worthy +Republican senators became alarmed. They thought, with a good deal of +reason, that it was better to allow existing evils and conditions to +be cured by time, and the returning conscience and good sense of the +people, rather than have the strife, the result of which must be quite +doubtful, which the enactment and enforcement of this law, however +moderate and just, would inevitably create." The existence of this +attitude of mind made party advocacy of the bill a hopeless undertaking +and, though it was favorably reported on August 7, 1890, no further +action was taken during that session. At the December session it was +taken up for consideration, but after a few days of debate a motion to +lay it aside was carried by the Democrats with the assistance of enough +Republicans to give them a majority. This was the end of force bills, +and during President Cleveland's second term the few remaining statutes +giving authority for federal interference in such matters was repealed +under the lead of Senator Hill of New York. With the passage of this +act, the Republican party leaders for the first time abandoned all +purpose of attempting to secure by national legislation the political +privileges of the negroes. This determination was announced in the +Senate by Mr. Hoar and was assented to by Senator Chandler of New +Hampshire, who had been a zealous champion of federal action. According +to Mr. Hoar, "no Republican has dissented from it." + +The facts upon which the force bill was based were so notorious and +the bill itself was so moderate in its character that the general +indifference of the public seemed to betray moral insensibility and +emotional torpor. Much could be said in favor of the bill. This latest +assertion of national authority in federal elections involved no new +principle. In legalistic complexion the proposed measure was of the same +character as previous legislation dealing with this subject, instances +of which are the Act of 1842, requiring the election of members of the +House by districts, and the Act of 1866, regulating the election of +United States Senators. Fraudulent returns in congressional elections +have always been a notorious evil, and the partisan way in which they +are passed upon is still a gross blemish upon the constitutional system +of the United States, and one which is likely never to be removed until +the principle of judicial determination of electoral contests has been +adopted in this country as it has been in England. The truth of the +matter appears to be that the public paid no attention to the merits +of the bill. It was viewed simply as a continuation of the radical +reconstruction policy, the practical results of which had become +intolerable. However great the actual evils of the situation might be, +public opinion held that it would be wiser to leave them to be dealt +with by state authority than by such incompetent statesmanship as had +been common in Washington. Moreover, the man in the street resented the +indifference of politicians to all issues save those derived from the +Civil War. + +Viscount Bryce in his "American Commonwealth," the most complete and +penetrating examination of American political conditions written during +this period, gives this account of the party situation: + +"The great parties are the Republicans and the Democrats. What are their +principles, their distinctive tenets, their tendencies? Which of them is +for tariff reform, for the further extension of civil service reform, a +spirited foreign policy, for the regulation of railroads and telegraphs +by legislation, for changes in the currency, for any other of the twenty +issues which one hears discussed in this country as seriously involving +its welfare? This is what a European is always asking of intelligent +Republicans and intelligent Democrats. He is always asking because he +never gets an answer. The replies leave him deeper in perplexity. After +some months the truth begins to dawn upon him. Neither party has, as a +party, anything definite to say on these issues; neither party has any +clean-cut principles, any distinctive tenets. Both have traditions. Both +claim to have tendencies. Both certainly have war cries, organizations, +interests, enlisted in their support. But those interests are in +the main the interests of getting or keeping the patronage of the +government. Tenets and policies, points of political doctrine and points +of political practice have all but vanished. They have not been thrown +away, but have been stripped away by time and the progress of events, +fulfilling some policies, blotting out others. All has been lost, except +office or the hope of it." + +That such a situation could actually exist in the face of public +disapproval is a demonstration of the defects of Congress as an organ of +national representation. Normally, a representative assembly is a school +of statesmanship which is drawn upon for filling the great posts of +administration. Not only is this the case under the parliamentary system +in vogue in England, but it is equally the case in Switzerland whose +constitution agrees with that of the United States in forbidding members +of Congress to hold executive office. But somehow the American Congress +fails to produce capable statesmen. It attracts politicians who display +affability, shrewdness, dexterity, and eloquence, but who are lacking in +discernment of public needs and in ability to provide for them, so +that power and opportunity are often associated with gross political +incompetency.* The solutions of the great political problems of the +United States are accomplished by transferring to Washington men like +Hayes and Cleveland whose political experience has been gained in other +fields. + + + * Of this regrettable fact the whole history of emancipation is a +monument. The contrast between the social consequences of emancipation +in the West Indies, as guided by British statesmanship, under conditions +of meager industrial opportunity, and the social consequences of +emancipation in the United States, affords an instructive example of +the complicated evils which a nation may experience through the sheer +incapacity of its government. + + +The system of congressional government was subjected to some scrutiny in +1880-81 through the efforts of Senator George H. Pendleton of Ohio, an +old statesman who had returned to public life after long absence. He had +been prominent in the Democratic party before the war and in 1864 he +was the party candidate for Vice-President. In 1868 he was the leading +candidate for the presidential nomination on a number of ballots, but +he was defeated. In 1869 he was a candidate for Governor of Ohio but +was defeated; he then retired from public life until 1879 when he +was elected to the United States Senate. As a member of that body, he +devoted himself to the betterment of political conditions. His efforts +in this direction were facilitated not only by his wide political +experience but also by the tact and urbanity of his manners, which had +gained for him in Ohio politics the nickname of "Gentleman George." + +In agreement with opinions long previously expressed in Story's +"Commentaries," Senator Pendleton attributed the inefficiency of +national government to the sharp separation of Congress from the +Administration--a separation not required by the Constitution but made +by Congress itself and subject to change at its discretion. He proposed +to admit the heads of executive departments to participation in the +proceedings of Congress. "This system," said he, "will require the +selection of the strongest men to be heads of departments, and will +require them to be well equipped with the knowledge of their offices. +It will also require the strongest men to be the leaders of Congress and +participate in the debate. It will bring those strong men in contact, +perhaps into conflict, to advance the public weal and thus stimulate +their abilities and their efforts, and will thus assuredly result to +the good of the country."* The report--signed by such party leaders as +Allison, Blaine, and Ingalls among the Republicans, and by Pendleton and +Voorhees among the Democrats--reviewed the history of relations between +the executive and legislative branches and closed with the expression of +the unanimous belief of the committee that the adoption of the measure +"will be the first step towards a sound civil service reform, which will +secure a larger wisdom in the adoption of policies, and a better system +in their execution." + + + * "Senate Report," No. 837, 46th Congress, 3d session, February +4, 1881. + + +No action was taken on this proposal, notwithstanding the favor +with which it was regarded by many close students of the political +institutions of the country. Public opinion, preoccupied with more +specific issues, seemed indifferent to a reform that aimed simply at +general improvement in governmental machinery. The legislative calendars +are always so heaped with projects that to reach and act upon any +particular measure is impossible, except when there is brought to bear +such energetic pressure as to produce special arrangements for the +purpose, and in this case no such pressure was developed. A companion +measure for civil service reform which was proposed by Senator Pendleton +long remained in a worse situation, for it was not merely left under the +congressional midden heap but was deliberately buried by politicians who +were determined that it should never emerge. That it did emerge is due +to a tragedy which aroused public opinion to an extent that intimidated +Congress. + +Want of genuine political principles made factional spirit only the more +violent and depraved. So long as power and opportunity were based +not upon public confidence but upon mere advantage of position, the +contention of party leaders turned upon questions of appointment to +office and the control of party machinery. The Republican national +convention of 1880 was the scene of a factional struggle which left +deep marks upon public life and caused divisions lasting until the party +leaders of that period were removed from the scene. In September 1879, +General Grant landed in San Francisco, after a tour around the world +occupying over two years, and as he passed through the country he was +received with a warmth which showed that popular devotion was abounding. +A movement in favor of renominating him to the Presidency was started +under the direction of Senator Roscoe Conkling of New York. Grant's +renown as the greatest military leader of the Civil War was not his only +asset in the eyes of his supporters. In his career as President he had +shown, on occasion, independence and steadfastness of character. He +stayed the greenback movement by his veto after eminent party leaders +had yielded to it. He had endeavored to introduce civil service reform +and, although his measures had been frustrated by the refusal of +Congress to vote the necessary appropriations, his tenacity of purpose +was such that it could scarcely be doubted that with renewed opportunity +he would resume his efforts. The scandals which blemished the conduct of +public affairs during his administration could not be attributed to any +lack of personal honesty on his part. Grant went out of the presidential +office poorer than when he entered it. Since then, his views had +been broadened by travel and by observation, and it was a reasonable +supposition that he was now better qualified than ever before for the +duties of the presidential office. He was only fifty-eight, an age much +below that at which an active career should be expected to close, and +certainly an age at which European statesmen are commonly thought to +possess unabated powers. In opposition to him was a tradition peculiar +to American politics, though unsupported by any provision of the +Constitution according to which no one should be elected President for +more than two terms. It may be questioned whether this tradition does +not owe its strength more to the ambition of politicians than to sincere +conviction on the part of the people.* + + + * The reasoning of "The Federalist," in favor of continued +reeligibility, is cogent in itself and is supported by the experience +of other countries, for it shows that custody of power may remain in the +same hands for long periods without detriment and without occasioning +any difficulty in terminating that custody when public confidence is +withdrawn. American sensitiveness on this point would seem to impute +to the Constitution a frailty that gives it a low rating among forms of +government. As better means are provided for enforcing administrative +responsibility, the popular dislike of third terms will doubtless +disappear. + + +So strong was the movement in favor of General Grant as President that +the united strength of the other candidates had difficulty in staying +the boom, which, indeed, might have been successful but for the arrogant +methods and tactical blunders of Senator Conkling. When three of the +delegates voted against a resolution binding all to support the nominee +whoever that nominee might be, he offered a resolution that those who +had voted in the negative "do not deserve and have forfeited their vote +in this convention." The feeling excited by this condemnatory motion +was so strong that Conkling was obliged to withdraw it. He also made a +contest in behalf of the unit rule but was defeated, as the convention +decided that every delegate should have the right to have his vote +counted as he individually desired. Notwithstanding these defeats of +the chief manager of the movement in his favor, Grant was the leading +candidate with 304 votes on the first ballot, James G. Blaine standing +second with 284. This was the highest point in the balloting reached +by Blaine, while the Grant vote made slight gains. Besides Grant and +Blaine, four other candidates were in the field, and the convention +drifted into a deadlock which under ordinary circumstances would have +probably been dissolved by shifts of support to Grant. But in the +preliminary disputes a very favorable impression had been made upon the +convention by General Garfield, who was not himself a candidate but was +supporting the candidacy of John Sherman, who stood third in the poll. +On the twenty-eighth ballot, two votes were cast for Garfield; although +he protested that he was not a candidate and was pledged to Sherman. But +it became apparent that no concentration could be effected on any other +candidate to prevent the nomination of Grant, and votes now turned to +Garfield so rapidly that on the thirty-sixth ballot he received 399, a +clear majority of the whole. The adherents of Grant stuck to him to the +end, polling 306 votes on the last ballot and subsequently deporting +themselves as those who had made a proud record of constancy. + +The Democratic national convention nominated General Hancock, which +was, in effect, an appeal to the memories and sentiments of the past, +as their candidate's public distinction rested upon his war record. The +canvass was marked by listlessness and indifference on the part of the +general public, and by a fury of calumny on the part of the politicians +directed against their opponents. Forgery was resorted to with marked +effect on the Pacific coast, where a letter--the famous Morey letter--in +which Garfield's handwriting was counterfeited, was circulated +expressing unpopular views on the subject of Chinese immigration. The +forgery was issued in the closing days of the canvass, when there +was not time to expose it. Arrangements had been made for a wide +distribution of facsimiles which exerted a strong influence. Hancock won +five out of the six electoral votes of California and came near getting +the three votes of Oregon also. In the popular vote of the whole +country, Garfield had a plurality of less than ten thousand in a total +vote of over nine million. + +The peculiarities of the party system which has been developed +in American politics, forces upon the President the occupation of +employment agent as one of his principal engagements. The contention +over official patronage, always strong and ardent upon the accession of +every new President, was aggravated in Garfield's case by the factional +war of which his own nomination was a phase. The factions of the +Republican party in New York at this period were known as the +"Stalwarts" and the "Half-Breeds," the former adhering to the leadership +of Senator Conkling, the latter to the leadership of Mr. Blaine, whom +President Garfield had appointed to be his Secretary of State. Soon +after the inauguration of Garfield it became manifest that he would +favor the "Half-Breeds"; but under the Constitution appointments are +made by and with the advice and consent of the Senate and both the +Senators from New York were "Stalwarts." Although the Constitution +contemplates the action of the entire Senate as the advisory body in +matters of appointment, a practice had been established by which the +Senators from each State were accorded the right to dictate appointments +in their respective States. According to Senator Hoar, when he entered +public life in 1869, "the Senate claimed almost the entire control of +the executive function of appointment to office.... What was called 'the +courtesy of the Senate' was depended upon to enable a Senator to dictate +to the executive all appointments and removals in his territory." This +practice was at its greatest height when President Garfield challenged +the system, and he let it be understood that he would insist upon his +constitutional right to make nominations at his own discretion. When +Senator Conkling obtained from a caucus of his Republican colleagues an +expression of sympathy with his position, the President let it be known +that he regarded such action as an affront and he withdrew all New York +nominations except those to which exception had been taken by the New +York Senators, thus confronting the Senate with the issue whether they +would stand by the new Administration or would follow Conkling's lead. + +On the other hand, Senator Conkling and his adherents declared the issue +to be simply whether competent public officials should be removed to +make room for factional favorites. This view of the case was adopted by +Vice-President Arthur and by Postmaster-General James of Garfield's +own Cabinet, who, with New York Senators Conkling and Platt, signed a +remonstrance in which they declared that in their belief the interests +of the public service would not be promoted by the changes proposed. +These changes were thus described in a letter of May 14, 1881, from the +New York Senators to Governor Cornell of New York: + +"Some weeks ago, the President sent to the Senate in a group the +nominations of several persons for public offices already filled. One of +these offices is the Collectorship of the Port of New York, now held by +General Merritt; another is the consul generalship at London, now held +by General Badeau; another is Charge d'Affaires to Denmark, held by Mr. +Cramer; another is the mission to Switzerland, held by Mr. Fish, a son +of the former Secretary of State.... It was proposed to displace them +all, not for any alleged fault of theirs, or for any alleged need or +advantage of the public service, but in order to give the great offices +of Collector of the Port of New York to Mr. William H. Robertson as +a 'reward' for certain acts of his, said to have aided in making the +nomination of General Garfield possible.... We have not attempted to +'dictate,' nor have we asked the nomination of one person to any office +in the State." + +Except in the case of their remonstrance against the Robertson +appointment, they had "never even expressed an opinion to the President +in any case unless questioned in regard to it." Along with this +statement the New York Senators transmitted their resignations, saying +"we hold it respectful and becoming to make room for those who may +correct all the errors we have made, and interpret aright all the duties +we have misconceived." + +The New York Legislature was then in session. Conkling and Platt offered +themselves as candidates for reelection, and a protracted factional +struggle ensued; in the course of which, the nation was shocked by the +news that President Garfield had been assassinated by a disappointed +office seeker in a Washington railway station on July 2, 1881. The +President died from the effects of the wound on the 19th of September. +Meanwhile, the contest in the New York Legislature continued until +the 22d of July when the deadlock was broken by the election of Warner +Miller and Elbridge G. Lapham to fill the vacancies. + +The deep disgust with which the nation regarded this factional war, and +the horror inspired by the assassination of President Garfield, produced +a revulsion of public opinion in favor of civil service reform so +energetic as to overcome congressional antipathy. Senator Pendleton's +bill to introduce the merit system, which had been pending for nearly +two years, was passed by the Senate on December 27, 1882, and by +the House on January 4, 1883. The importance of the act lay in its +recognition of the principles of the reform and in its provision of +means by which the President could apply those principles. A Civil +Service Commission was created, and the President was authorized to +classify the Civil Service and to provide selection by competitive +examination for all appointments to the service thus classified. The +law was essentially an enabling act, and its practical efficacy was +contingent upon executive discretion. + + + +CHAPTER II. POLITICAL GROPING AND PARTY FLUCTUATION + +President Garfield's career was cut short so soon after his accession +to office, that he had no opportunity of showing whether he had the will +and the power to obtain action for the redress of public grievances, +which the congressional factions were disposed to ignore. His experience +and his attainments were such as should have qualified him for the +task, and in his public life he had shown firmness of character. His +courageous opposition to the greenback movement in Ohio had been of +great service to the nation in maintaining the standard of value. When +a party convention in his district passed resolutions in favor of +paying interest on the bonds with paper instead of coin, he gave a rare +instance of political intrepidity by declaring that he would not accept +the nomination on such a platform. It was the deliberate opinion +of Senator Hoar, who knew Garfield intimately, that "next to the +assassination of Lincoln, his death was the greatest national misfortune +ever caused to this country by the loss of a single life." + +The lingering illness of President Garfield raised a serious question +about presidential authority which is still unsettled. For over two +months before he died he was unable to attend to any duties of office. +The Constitution provides that "in case of the removal of the President +from office, or of his death, resignation, or inability to discharge +the powers and duties of the said office, the same shall devolve on +the Vice-President." What is the practical significance of the term +"inability"? If it should be accepted in its ordinary meaning, a +prostrating illness would be regarded as sufficient reason for allowing +the Vice-President to assume presidential responsibility. Though there +was much quiet discussion of the problem, no attempt was made to press +a decision. After Garfield died, President Arthur, on succeeding to the +office, took up the matter in his first annual message, putting a +number of queries as to the actual significance of the language of the +Constitution--queries which have yet to be answered. The rights and +duties of the Vice-President in this particular are dangerously vague. +The situation is complicated by a peculiarity of the electoral system. +In theory, by electing a President the nation expresses its will +respecting public policy; but in practice the candidate for President +may be an exponent of one school of opinion and the candidate for +Vice-President may represent another view. It is impossible for a voter +to discriminate between the two; he cannot vote for the candidate for +President without voting for the candidate for Vice-President, since he +does not vote directly for the candidates themselves but for the party +electors who are pledged to the entire party ticket. Party conventions +take advantage of this disability on the part of the voter to work an +electioneering device known as a "straddle," the aim of which is to +please opposite interests by giving each a place on the ticket. After +Garfield was nominated, the attempt was made to placate the defeated +faction by nominating one of its adherents for Vice-President, and now +that nominee unexpectedly became the President of the United States, +with power to reverse the policy of his predecessor. + +In one important matter there was, in fact, an abrupt reversal of +policy. The independent countries of North and South America had been +invited to participate in a general congress to be held in Washington, +November 24, 1881. James Gillespie Blaine, who was then Secretary +of State, had applied himself with earnestness and vigor to this +undertaking, which might have produced valuable results. It was a +movement towards closer relations between American countries, a purpose +which has since become public policy and has been steadily promoted by +the Government. With the inauguration of President Arthur, Blaine was +succeeded by Frederick T. Frelinghuysen of New Jersey, who practically +canceled the invitation to the proposed Congress some six weeks after it +had been issued. On February 3, 1889, Blaine protested in an open letter +to the President, and the affair occasioned sharp discussion. In his +regular message to Congress in the following December, the President +offered excuses of an evasive character, pointing out that Congress had +made no appropriation for expenses and declaring that he had thought it +"fitting that the Executive should consult the representatives of the +people before pursuing a line of policy somewhat novel in its character +and far-reaching in its possible consequences." + +In general, President Arthur behaved with a tact and prudence that +improved his position in public esteem. It soon became manifest that, +although he had been Conkling's adherent, he was not his servitor. He +conducted the routine business of the presidential office with dignity, +and he displayed independence of character in his relations with +Congress. But his powers were so limited by the conditions under which +he had to act that to a large extent public interests had to drift +along without direction and management. In some degree, the situation +resembled that which existed in the Holy Roman Empire when a complicated +legalism kept grinding away and pretentious forms of authority were +maintained, although, meanwhile, there was actual administrative +impotence. Striking evidence of the existence of such a situation is +found in President Arthur's messages to Congress. + +In his message of December 6, 1881, the President mentioned the fact +that in the West "a band of armed desperadoes known as 'Cowboys,' +probably numbering fifty to one hundred men, have been engaged for +months in committing acts of lawlessness and brutality which the local +authorities have been unable to repress." He observed that "with every +disposition to meet the exigencies of the case, I am embarrassed by lack +of authority to deal with them effectually." The center of disturbance +was in Arizona, and the punishment of crime there was ordinarily the +business of the local authorities. But even if they called for aid, +said the President, "this Government would be powerless to render +assistance," for the laws had been altered by Congress so that States +but not Territories could demand the protection of the national +Government against "domestic violence." He recommended legislation +extending to the Territories "the protection which is accorded the +States by the Constitution." On April 26, 1882, the President sent a +special message to Congress on conditions in Arizona, announcing that +"robbery, murder, and resistance to laws have become so common as to +cease causing surprise, and that the people are greatly intimidated +and losing confidence in the protection of the law." He also advised +Congress that the "Cowboys" were making raids into Mexico, and again +begged for legal authority to act. On the 3rd of May, he issued a +proclamation calling upon the outlaws "to disperse and retire peaceably +to their respective abodes." In his regular annual message on December +4, 1882, he again called attention "to the prevalent lawlessness upon +the borders, and to the necessity of legislation for its suppression." + +Such vast agitation from the operations of a band of ruffians, estimated +at from fifty to one hundred in number, and such floundering incapacity +for prompt action by public authority seem more like events from a +chronicle of the Middle Ages than from the public records of a modern +nation. Of like tenor, was a famous career which came to an end in this +period. Jesse W. James, the son of a Baptist minister in Clay County, +Missouri, for some years carried on a bandit business, specializing +in the robbery of banks and railroad trains, with takings computed +at $263,778. As his friends and admirers were numerous, the elective +sheriffs, prosecuting attorneys, and judges in the area of his +activities were unable to stop him by any means within their reach. +Meanwhile, the frightened burghers of the small towns in his range of +operations were clamoring for deliverance from his raids, and finally +Governor Crittenden of Missouri offered a reward of $10,000 for his +capture dead or alive. Two members of his own band shot him down in his +own house, April 3, 1882. They at once reported the deed and surrendered +themselves to the police, were soon put on trial, pleaded guilty of +murder, were sentenced to death, and were at once pardoned by the +Governor. Meanwhile, the funeral ceremonies over Jesse James's remains +drew a great concourse of people, and there were many indications of +popular sympathy. Stories of his exploits have had an extensive sale, +and his name has become a center of legend and ballad somewhat after the +fashion of the medieval hero Robin Hood. + +The legislative blundering which tied the President's hands and made the +Government impotent to protect American citizens from desperadoes of +the type of the "cowboys" and Jesse James, is characteristic of Congress +during this period. Another example of congressional muddling is found +in an act which was passed for the better protection of ocean travel +and which the President felt constrained to veto. In his veto message of +July 1, 1882, the President said that he was entirely in accord with +the purpose of the bill which related to matters urgently demanding +legislative attention. But the bill was so drawn that in practice it +would have caused great confusion in the clearing of vessels and would +have led to an impossible situation. It was not the intention of the +bill to do what the President found its language to require, and the +defects were due simply to maladroit phrasing, which frequently occurs +in congressional enactments, thereby giving support to the theory of +John Stuart Mill that a representative assembly is by its very nature +unfit to prepare legislative measures. + +The clumsy machinery of legislation kept bungling on, irresponsive to +the principal needs and interests of the times. An ineffectual start +was made on two subjects presenting simple issues on which there was +an energetic pressure of popular sentiment--Chinese immigration and +polygamy among the Mormons. Anti-Chinese legislation had to contend with +a traditional sentiment in favor of maintaining the United States as an +asylum for all peoples. But the demand from the workers of the Pacific +slope for protection against Asiatic competition in the home labor +market was so fierce and so determined that Congress yielded. President +Arthur vetoed a bill prohibiting Chinese immigration as "a breach of our +national faith," but he admitted the need of legislation on the subject +and finally approved a bill suspending immigration from China for a term +of years. This was a beginning of legislation which eventually arrived +at a policy of complete exclusion. The Mormon question was dealt with +by the Act of March 22, 1882, imposing penalties upon the practice of +polygamy and placing the conduct of elections in the Territory of +Utah under the supervision of a board of five persons appointed by the +President. Though there were many prosecutions under this act, it +proved so ineffectual in suppressing polygamy that it was eventually +supplemented by giving the Government power to seize and administer the +property of the Mormon Church. This action, resulting from the Act of +March 3, 1887, created a momentous precedent. The escheated property +was held by the Government until 1896 and meanwhile, the Mormon Church +submitted to the law and made a formal declaration that it had abandoned +polygamy. + +Another instance in which a lack of agreement between the executive and +the legislative branches of the Government manifested itself, arose +out of a scheme which President Arthur recommended to Congress for the +improvement of the waterways of the Mississippi and its tributaries. The +response of Congress was a bill in which there was an appropriation of +about $4,000,000 for the general improvements recommended, but about +$14,000,000 were added for other special river and harbor schemes which +had obtained congressional favor. President Arthur's veto message of +August 1, 1882, condemned the bill because it contained provisions +designed "entirely for the benefit of the particular localities in which +it is proposed to make the improvements." He thus described a type +of legislation of which the nation had and is still having bitter +experience: "As the citizens of one State find that money, to raise +which they in common with the whole country are taxed, is to be expended +for local improvements in another State, they demand similar benefits +for themselves, and it is not unnatural that they should seek to +indemnify themselves for such use of the public funds by securing +appropriations for similar improvements in their own neighborhood. Thus +as the bill becomes more objectionable it secures more support." The +truth of this last assertion Congress immediately proved by passing the +bill over the President's veto. Senator Hoar, who defended the bill, has +admitted that "a large number of the members of the House who voted +for it lost their seats" and that in his opinion the affair "cost the +Republican party its majority in the House of Representatives." + +Legislation regarding the tariff was, however, the event of Arthur's +administration which had the deepest effect upon the political +situation. Both national parties were reluctant to face the issue, +but the pressure of conditions became too strong for them. Revenue +arrangements originally planned for war needs were still amassing +funds in the Treasury vaults which were now far beyond the needs of the +Government, and were at the same time deranging commerce and industry. +In times of war, the Treasury served as a financial conduit; peace had +now made it a catch basin whose excess accumulations embarrassed the +Treasury and at the same time caused the business world to suffer +from a scarcity of currency. In his annual message on December 6, 1881, +President Arthur cautiously observed that it seemed to him "that the +time has arrived when the people may justly demand some relief from the +present onerous burden." In his message of December 4, 1882, he was much +more emphatic. Calling attention to the fact that the annual surplus +had increased to more than $145,000,000, he observed that "either the +surplus must lie idle in the Treasury or the Government will be forced +to buy at market rates its bonds not then redeemable, and which under +such circumstances cannot fail to command an enormous premium, or the +swollen revenues will be devoted to extravagant expenditures, which, as +experience has taught, is ever the bane of an overflowing treasury." + +The congressional agents of the protected industries were confronted +by an exacting situation. The country was at peace but it was still +burdened by war taxes, although the Government did not need the +accumulating revenue and was actually embarrassed by its excess. The +President had already made himself the spokesman of the popular demand +for a substantial reduction of taxes. Such a combination of forces in +favor of lightening the popular burden might seem to be constitutionally +irresistible, but by adroit maneuvering the congressional supporters of +protection managed to have the war rates generally maintained and, in +some cases, even increased. The case is a typical example of the way +in which advantage of strategic position in a governmental system can +prevail against mere numbers. + +By the Act of May 15, 1882, a tariff commission was created to examine +the industrial situation and make recommendations as to rates of duty. +The President appointed men who stood high in the commercial world +and who were strongly attached to the protective system. They applied +themselves to their task with such energy that by December 4, 1882, they +had produced a voluminous report with suggested amendments to customs +laws. + +But the advocates of high protection in the House were not satisfied; +they opposed the recommendations of the report and urged that the best +and quickest way to reduce taxation was by abolishing or reducing items +on the internal revenue list. This policy not only commanded support on +the Republican side, but also received the aid of a Democratic faction +which avowed protectionist principles and claimed party sanction for +them. These political elements in the House were strong enough to +prevent action on the customs tariff, but a bill was passed reducing +some of the internal revenue taxes. This action seemed likely to prevent +tariff revision at least during that session. Formidable obstacles, both +constitutional and parliamentary, stood in the way of action, but they +were surmounted by ingenious management. + +The Constitution provides that all revenue bills shall originate in +the House of Representatives, but the Senate has the right to propose +amendments. Under cover of this clause the Senate originated a +voluminous tariff bill and tacked it to the House bill as an amendment. +When the bill, as thus amended, came back to the House, a two-thirds +vote would have been required by the existing rules to take it up for +consideration, but this obstacle was overcome by adopting a new rule +by which a bare majority of the House could forthwith take up a bill +amended by the Senate, for the purpose of non-concurrence but not for +concurrence. The object of this maneuver was to get the bill into a +committee of conference where the details could be arranged by private +negotiation. The rule was adopted on February 26, 1883, but the +committee of conference was not finally constituted until the 1st of +March, within two days of the close of the session. On the 3rd of March, +when this committee reported a measure on which they had agreed, both +Houses adopted this report and enacted the measure without further ado. + +In some cases, rates were fixed by the committee above the figures voted +in either House and even when there was no disagreement, changes were +made. The tariff commission had recommended, for example, a duty of +fifty cents a ton on iron ore, and both the Senate and the House voted +to put the duty at that figure; but the conference committee fixed the +rate at seventy-five cents. When a conference committee report comes +before the House, it is adopted or rejected in toto, as it is not +divisible or amendable. In theory, the revision of a report is feasible +by sending it back to conference under instructions voted by the House, +but such a procedure is not really available in the closing hours of a +session, and the only practical course of action is either to pass the +bill as shaped by the conferees or else to accept the responsibility +for inaction. Thus pressed for time, Congress passed a bill containing +features obnoxious to a majority in both Houses and offensive to public +opinion. Senator Sherman in his "Recollections" expressed regret that he +had voted for the bill and declared that, had the recommendations of the +tariff commission been adopted, "the tariff would have been settled +for many years," but "many persons wishing to advance their particular +industries appeared before the committee and succeeded in having their +views adopted." In his annual message, December 4, 1883, President +Arthur accepted the act as a response to the demand for a reduction +of taxation, which was sufficiently tolerable to make further effort +inexpedient until its effects could be definitely ascertained; but he +remarked that he had "no doubt that still further reductions may be +wisely made." + +In general, President Arthur's administration may therefore be +accurately described as a period of political groping and party +fluctuation. In neither of the great national parties was there a +sincere and definite attitude on the new issues which were clamorous for +attention, and the public discontent was reflected in abrupt changes of +political support. There was a general feeling of distrust regarding the +character and capacity of the politicians at Washington, and election +results were apparently dictated more by fear than by hope. One party +would be raised up and the other party cast down, not because the one +was trusted more than the other, but because it was for a while less +odious. Thus a party success might well be a prelude to a party disaster +because neither party knew how to improve its political opportunity. +The record of party fluctuation in Congress during this period is almost +unparalleled in sharpness.* + + + * In 1875, at the opening of the Forty-fourth Congress, the House +stood 110 Republicans and 182 Democrats. In 1881, the House stood 150 +Republicans to 131 Democrats, with 12 Independent members. In 1884, the +Republican list had declined to 119 and the Democratic had grown to 201, +and there were five Independents. The Senate, although only a third +of its membership is renewed every two years, displayed extraordinary +changes during this period. The Republican membership of 46 in 1876 had +declined to 33 by 1880, and the Democratic membership had increased +to 42. In 1882, the Senate was evenly balanced in party strength, each +party having 37 avowed adherents, but there were two Independents. + + +In state politics, the polling showed that both parties were disgusted +with their leadership and that there was a public indifference to issues +which kept people away from the polls. A comparison of the total vote +cast in state elections in 1882 with that cast in the presidential +election of 1880, showed a decline of over eight hundred thousand in the +Republican vote and of nearly four hundred thousand in the Democratic +vote. The most violent of the party changes that took place during this +period occurred in the election of 1882, in New York State, when the +Republican vote showed a decline of over two hundred thousand and the +Democratic candidate for Governor was elected by a plurality of nearly +that amount. It was this election which brought Grover Cleveland into +national prominence. + + + +CHAPTER III. THE ADVENT OF CLEVELAND + +Popular dissatisfaction with the behavior of public authority had not +up to this time extended to the formal Constitution. Schemes of radical +rearrangement of the political institutions of the country had not yet +been agitated. New party movements were devoted to particular measures +such as fresh greenback issues or the prohibition of liquor traffic. +Popular reverence for the Constitution was deep and strong, and it was +the habit of the American people to impute practical defects not to the +governmental system itself but to the character of those acting in +it. Burke, as long ago as 1770, remarked truly that "where there is a +regular scheme of operations carried on, it is the system and not any +individual person who acts in it that is truly dangerous." But it is an +inveterate habit of public opinion to mistake results for causes and +to vent its resentment upon persons when misgovernment occurs. That +disposition was bitterly intense at this period. "Turn the rascals out" +was the ordinary campaign slogan of an opposition party, and calumny +formed the staple of its argument. Of course no party could establish +exclusive proprietorship to such tactics, and whichever party might be +in power in a particular locality was cast for the villain's part in the +political drama. But as changes of party control took place, experience +taught that the only practical result was to introduce new players into +the same old game. Such experience spread among the people a despairing +feeling that American politics were hopelessly depraved, and at the same +time it gave them a deep yearning for some strong deliverer. To this +messianic hope of politics may be ascribed what is in some respects the +most remarkable career in the political history of the United States. +The rapid and fortuitous rise of Grover Cleveland to political eminence +is without a parallel in the records of American statesmanship, +notwithstanding many instances of public distinction attained from +humble beginnings. + +The antecedents of Cleveland were Americans of the best type. He was +descended from a colonial stock which had settled in the Connecticut +Valley. His earliest ancestor of whom there is any exact knowledge +was Aaron Cleveland, an Episcopal clergyman, who died at East Haddam, +Connecticut, in 1757, after founding a family which in every generation +furnished recruits to the ministry. It argues a hereditary disposition +for independent judgment that among these there was a marked variation +in denominational choice. Aaron Cleveland was so strong in his +attachment to the Anglican church that to be ordained he went to +England--under the conditions of travel in those days a hard, serious +undertaking. His son, also named Aaron, became a Congregational +minister. Two of the sons of the younger Aaron became ministers, one +of them an Episcopalian like his grandfather. Another son, William, +who became a prosperous silversmith, was for many years a deacon in +the church in which his father preached. William sent his second son, +Richard, to Yale, where he graduated with honors at the age of nineteen. +He turned to the Presbyterian church, studied theology at Princeton, and +upon receiving ordination began a ministerial career which like that +of many preachers was carried on in many pastorates. He was settled at +Caldwell, New Jersey, in his third pastorate, and there Stephen Grover +Cleveland was born, on March 18, 1837, the fifth in a family of children +that eventually increased to nine. He was named after the Presbyterian +minister who was his father's predecessor. The first name soon dropped +out of use, and from childhood he went by his middle name, a practice of +which the Clevelands supply so many instances that it seems to be quite +a family trait. + +In campaign literature, so much has been made of the humble +circumstances in which Grover made his start in life, that the unwary +reader might easily imagine that the future President was almost a waif. +Nothing could be farther from the truth. He really belonged to the most +authentic aristocracy that any state of society can produce--that which +maintains its standards and principles from generation to generation +by the integrity of the stock without any endowment of wealth. +The Clevelands were people who reared large families and sustained +themselves with dignity and credit on narrow means. It was a settled +tradition with such republican aristocrats that a son destined for a +learned profession--usually the ministry--should be sent to college, +and for that purpose heroic economies were practiced in the family. The +opportunities which wealth can confer are really trivial in comparison +with the advantage of being born and reared in such bracing conditions +as those which surrounded Grover Cleveland. As a boy he was a clerk in +a country store, but his education was not neglected and at the age of +fifteen he was studying, with a view to entering college. His father's +death ended that prospect and forced him to go to work again to help +support the family. Some two years later, when the family circumstances +were sufficiently eased so that he could strike out for himself, he +set off westward, intending to reach Cleveland. Arriving at Buffalo, he +called upon a married aunt, who, on learning that he was planning to +get work at Cleveland with the idea of becoming a lawyer, advised him +to stay in Buffalo where opportunities were better. Young Cleveland was +taken into her home virtually as private secretary to her husband, Lewis +F. Allen, a man of means, culture, and public spirit. Allen occupied a +large house with spacious grounds in a suburb of the city, and owned a +farm on which he bred fine cattle. He issued the "American Short-Horn +Herd Book," a standard authority for pedigree stock, and the fifth +edition, published in 1861, made a public acknowledgment of "the +kindness, industry, and ability" with which Grover Cleveland had +assisted the editor "in correcting and arranging the pedigrees for +publication." + +With his uncle's friendship to back him, Cleveland had, of course, no +difficulty in getting into a reputable law office as a student, +and thereafter his affairs moved steadily along the road by which +innumerable young Americans of diligence and industry have advanced +to success in the legal profession. Cleveland's career as a lawyer was +marked by those steady, solid gains in reputation which result from care +and thoroughness rather than from brilliancy, and in these respects +it finds many parallels among lawyers of the trustee type. What is +exceptional and peculiar in Cleveland's career is the way in which +political situations formed about him without any contrivance on his +part, and as it were projected him from office to office until he +arrived in the White House. + +At the outset nothing could have seemed more unlikely than such a +career. Cleveland's ambitions were bound up in his profession and his +politics were opposed to those of the powers holding local control. But +the one circumstance did not shut him out of political vocation and +the other became a positive advantage. He entered public life in 1863 +through an unsought appointment as assistant district attorney for Erie +County. The incumbent of the office was in poor health and needed an +assistant on whom he could rely to do the work. Hence Cleveland was +called into service. His actual occupancy of the position prompted his +party to nominate him to the office; and although he was defeated, he +received a vote so much above the normal voting strength of his party +that, in 1869, he was picked for the nomination to the office of sheriff +to strengthen a party ticket made up in the interest of a congressional +candidate. The expectation was that while the district might be carried +for the Democratic candidate for Congress, Cleveland would probably fail +of election. The nomination was virtually forced upon him against +his wishes. But he was elected by a small plurality. This success, +reenforced by his able conduct of the office, singled him out as the +party's hope for success in the Buffalo municipal election; and after +his term as sheriff he was nominated for mayor, again without any effort +on his part. Although ordinarily the Democratic party was in a hopeless +minority, Cleveland was elected. It was in this campaign that he +enunciated the principle that public office is a public trust, which was +his rule of action throughout his career. Both as sheriff and as mayor +he acted upon it with a vigor that brought him into collision with +predatory politicians, and the energy and address with which he defended +public interests made him widely known as the reform mayor of Buffalo. +His record and reputation naturally attracted the attention of the state +managers of the Democratic party, who were casting about for a candidate +strong enough to overthrow the established Republican control, and +Cleveland was just as distinctly drafted for the nomination to the +governorship in 1882 as he had been for his previous offices. + +In his career as governor Cleveland displayed the same stanch +characteristics as before, and he was fearless and aggressive in +maintaining his principles. The most striking characteristic of his veto +messages is the utter absence of partisan or personal designs. Some +of the bills he vetoed purported to benefit labor interests, and +politicians are usually fearful of any appearance of opposition to such +interests: His veto of the bill establishing a five cent fare for the +New York elevated railways was an action of a kind to make him a target +for calumny and misrepresentation. Examination of the record reveals no +instance in which Cleveland flinched from doing his duty or faltered in +the full performance of it. He acted throughout in his avowed capacity +of a public trustee, and he conducted the office of governor with the +same laborious fidelity which he had displayed as sheriff and as mayor. +And now, as before, he antagonized elements of his own party who +sought only the opportunities of office and cared little for its +responsibilities. He did not unite suavity of manner with vigor of +action, and at times he allowed himself to reflect upon the motives of +opponents and to use language that was personally offensive. He told the +Legislature in one veto message that "of all the defective and shabby +legislation which has been presented to me, this is the worst and most +inexcusable." He once sent a scolding message to the State Senate, in +which he said that "the money of the State is apparently expended with +no regard to economy," and that "barefaced jobbery has been permitted." +The Senate having refused to confirm a certain appointee, he declared +that the opposition had "its rise in an overwhelming greed for the +patronage which may attach to the place," and that the practical +effect of such opposition was to perpetuate "the practice of unblushing +peculation." What he said was quite true and it was the kind of truth +that hurt. The brusqueness of his official style and the censoriousness +of his language infused even more personal bitterness into the +opposition which developed within his own party than in that felt in the +ranks of the opposing party. At the same time, these traits delighted +a growing body of reformers hostile to both the regular parties. These +"Mugwumps," as they were called, were as a class so addicted to personal +invective that it was said of them with as much truth as wit that they +brought malice into politics without even the excuse of partisanship. +But it was probably the enthusiastic support of this class which turned +the scale in New York in the presidential election of 1884. + +In the national conventions of that year, there was an unusually small +amount of factional strife. In the Republican convention, President +Arthur was a candidate, but party sentiment was so strong for Blaine +that he led Arthur on the first ballot and was nominated on the fourth +by a large majority. In the Democratic convention, Cleveland was +nominated on the second ballot. Meanwhile, his opponents had organized a +new party from which more was expected than it actually accomplished. +It assumed the title Anti-Monopoly and chose the notorious demagogue, +General Benjamin F. Butler, as its candidate for President. + +During this campaign, the satirical cartoon attained a power and an +effectiveness difficult to realize now that it has become an ordinary +feature of journalism, equally available for any school of opinion. But +it so happened that the rise of Cleveland in politics coincided with the +artistic career of Joseph Keppler, who came to this country from Vienna +and who for some years supported himself chiefly as an actor in +Western theatrical companies. He had studied drawing in Vienna and +had contributed cartoons to periodicals in that city. After some +unsuccessful ventures in illustrated journalism, he started a pictorial +weekly in New York in 1875. It was originally printed in German, but in +less than a year it was issued also in English. It was not until +1879 that it sprang into general notice through Keppler's success in +reproducing lithographed designs in color. Meanwhile, the artist was +feeling his way from the old style caricature, crowded with figures with +overhead loops of explanatory text, to designs possessing an artistic +unity expressive of an idea plain enough to tell its own story. He had +matured both his mechanical resources and his artistic method by the +time the campaign of 1884 came on, and he had founded a school which +could apply the style to American politics with aptness superior to +his own. It was Bernhard Gillam, who, working in the new Keppler style, +produced a series of cartoons whose tremendous impressiveness was +universally recognized. Blaine was depicted as the tattooed man and was +exhibited in that character in all sorts of telling situations. While +on the stump during the campaign, Blaine had sometimes literally to wade +through campaign documents assailing his personal integrity, and phrases +culled from them were chanted in public processions. One of the features +of a great parade of business men of New York was a periodical chorus +of "Burn this letter," suiting the action to the word and thus making a +striking pyrotechnic display.* But the cartoons reached people who +would never have been touched by campaign documents or by campaign +processions. + + + * The allusion was to the Mulligan letters, which had been made +public by Mr. Blaine himself when it had been charged that they +contained evidence of corrupt business dealings. The disclosure had been +made four years before and ample opportunity had existed for instituting +proceedings if the case warranted it, but nothing was done except to +nurse the scandal for campaign use. + + +Notwithstanding the exceptional violence and novel ingenuity of the +attacks made upon him, Blaine met them with such ability and address +that everywhere he augmented the ordinary strength of his party, and his +eventual defeat was generally attributed to an untoward event among his +own adherents at the close of the campaign. At a political reception +in the interest of Blaine among New York clergymen, the Reverend Dr. +Burchard spoke of the Democratic party as "the party of rum, Romanism, +and rebellion." Unfortunately Blaine did not hear him distinctly enough +to repudiate this slur upon the religious belief of millions of American +citizens, and alienation of sentiment caused by the tactless and +intolerant remark could easily account for Blaine's defeat by a small +margin. He was only 1149 votes behind Cleveland in New York in a poll of +over 1,125,000 votes, and only 23,005 votes behind in a national poll of +over 9,700,000 votes for the leading candidates. Of course Cleveland +in his turn was a target of calumny, and in his case the end of the +campaign did not bring the customary relief. He was pursued to the end +of his public career by active, ingenious, resourceful, personal spite +and steady malignity of political opposition from interests whose enmity +he had incurred while Governor of New York. + +The situation which confronted Cleveland when he became President was +so complicated and embarrassing that perhaps even the most sagacious and +resourceful statesman could not have coped with it successfully, though +it is the characteristic of genius to accomplish the impossible. But +Cleveland was no genius; he was not even a man of marked talent. He was +stanch, plodding, laborious, and dutiful; but he was lacking in ability +to penetrate to the heart of obscure political problems and to deal +with primary causes rather than with effects. The great successes of his +administration were gained in particular problems whose significance had +already been clearly defined. In this field, Cleveland's resolute and +energetic performance of duty had splendid results. + +At the time of Cleveland's inauguration as President, the Senate claimed +an extent of authority which, if allowed to go unchallenged, would +have turned the Presidency into an office much like that of the doge +of Venice, one of ceremonial dignity without real power. "The +Federalist"--that matchless collection of constitutional essays written +by Hamilton, Madison, and Jay--laid down the doctrine that "against the +enterprising ambition" of the legislative department "the people ought +to indulge all their jealousy and exhaust all their precautions." +But some of the precautions taken in framing the Constitution proved +ineffectual from the start. The right conferred upon the President to +recommend to the consideration of Congress "such measures as he shall +judge necessary and expedient," was emptied of practical importance by +the success of Congress in interpreting it as meaning no more than that +the President may request Congress to take a subject into consideration. +In practice, Congress considers only such measures as are recommended by +its own committees. The framers of the Constitution took special pains +to fortify the President's position by the veto power, which is treated +at length in the Constitution. By a special clause, the veto power was +extended to "every order, resolution or vote... except on a question of +adjournment"--a clause which apparently should enable the President +to strike off the "riders" continually put upon appropriation bills to +coerce executive action; but no President has ventured to exercise +this authority. Although the Senate was joined to the President as an +advisory council in appointments to office, it was explained in "The +Federalist" that "there will be no exertion of choice on the part of +Senators." Nevertheless, the Senate has claimed and exercised the right +to dictate appointments. While thus successfully encroaching upon the +authority of the President, the Senate had also been signally successful +in encroaching upon the authority of the House. The framers of the +Constitution anticipated for the House a masterful career like that of +the House of Commons, and they feared that the Senate could not +protect itself in the discharge of its own functions; so, although the +traditional principle that all revenue bills should originate in the +House was taken over into the Constitution, it was modified by the +proviso that "the Senate may propose or concur with amendments as on +other bills." This right to propose amendments has been improved by the +Senate until the prerogative of the House has been reduced to an empty +form. Any money bill may be made over by amendment in the Senate, +and when contests have followed, the Senate has been so successful in +imposing its will upon the House that the House has acquired the habit +of submission. Not long before the election of Cleveland, as has been +pointed out, this habitual deference of the House had enabled the Senate +to originate a voluminous tariff act in the form of an amendment to the +Internal Revenue Bill voted by the House. + +In addition to these extensions of power through superior address in +management, the ascendancy of the Senate was fortified by positive law. +In 1867, when President Johnson fell out with the Republican leaders in +Congress, a Tenure of Office Act was passed over his veto, which +took away from the President the power of making removals except by +permission of the Senate. In 1869, when Johnson's term had expired, a +bill for the unconditional repeal of this law passed the House with +only sixteen votes in the negative, but the Senate was able to force a +compromise act which perpetuated its authority over removals.* President +Grant complained of this act as "being inconsistent with a faithful and +efficient administration of the government," but with all his great +fame and popularity he was unable to induce the Senate to relinquish the +power it had gained. + + + * The Act of April 5, 1869, required the President, within thirty +days after the opening of the sessions, to nominate persons for all +vacant offices, whether temporarily filled or not, and in place of all +officers who may have been suspended during the recess of the Senate. + + +This law was now invoked by Republicans as a means of counteracting +the result of the election. Such was the feeling of the times that +partisanship could easily masquerade as patriotism. Republicans still +believed that as saviors of the Union they had a prescriptive right to +the government. During the campaign, Eugene Field, the famous Western +poet, had given a typical expression of this sentiment in some scornful +verses concluding with this defiant notice: + +These quondam rebels come today In penitential form, And hypocritically +say The country needs "Reform!" Out on reformers such as these; By +Freedom's sacred powers, We'll run the country as we please; We saved +it, and it's ours. + +Although the Democratic party had won the Presidency and the House, the +Republicans still retained control of the Senate, and they were expected +as a matter of course to use their powers for party advantage. Some +memorable struggles, rich in constitutional precedents, issued from +these conditions. + + + +CHAPTER IV. A CONSTITUTIONAL CRISIS + +As soon as Cleveland was seated in the presidential chair, he had to +deal with a tremendous onslaught of office seekers. In ordinary business +affairs, a man responsible for general policy and management would +never be expected to fritter away his time and strength in receiving +applicants for employment. The fact that such servitude is imposed +upon the President of the United States shows that American political +arrangements are still rather barbaric, for such usages are more +suitable to some kinglet seated under a tree to receive the petitions of +his tribesmen than they are to a republican magistrate charged with the +welfare of millions of people distributed over a vast continent. Office +seekers apparently regard themselves as a privileged class with a right +of personal access to the President, and any appearances of aloofness or +reserve on his part gives sharp offense. The exceptional force of +such claims of privilege in the United States may be attributed to the +participation which members of Congress have acquired in the appointing +power. The system thus created imposes upon the President the duties +of an employment agent, and at the same time engages Congressmen in +continual occupation as office brokers. The President cannot deny +himself to Congressmen, since he is dependent upon their favor for +opportunity to get legislative consideration for his measures. + +It was inevitable that numerous changes in office should take place +when the Democratic party came into power, after being excluded for +twenty-four years. It may be admitted that, in a sound constitutional +system, a change of management in the public business would not vacate +all offices any more than in private business, but would affect only +such leading positions as are responsible for policy and discipline. +Such a sensible system, however, had existed only in the early days of +the republic and at the time of Cleveland's accession to office federal +offices were generally used as party barracks. The situation which +confronted President Cleveland he thus described in later years: + +"In numerous instances the post-offices were made headquarters for local +party committees and organizations and the centers of partisan scheming. +Party literature favorable to the postmaster's party, that never passed +regularly through the mails, was distributed through the post-offices as +an item of party service; and matter of a political character, passing +through the mails in the usual course and addressed to patrons belonging +to the opposite party, was withheld; disgusting and irritating placards +were prominently displayed in many post-offices, and the attention of +Democratic inquirers for mail matter was tauntingly directed to them +by the postmaster; and in various other ways postmasters and similar +officials annoyed and vexed those holding opposite political opinions, +who, in common with all having business at public offices, were entitled +to considerate and obliging treatment. In some quarters, official +incumbents neglected public duty to do political work and especially in +Southern States, they frequently were not only inordinately active in +questionable political work, but sought to do party service by secret +and sinister manipulation of colored votes, and by other practices +inviting avoidable and dangerous collisions between the white and +colored population."* + + + * Cleveland, "Presidential Problems," pp. 42-43. + + +The Administration began its career in March, 1885. The Senate did not +convene until December. Meanwhile, removals and appointments went on +in the public service, the total for ten months being six hundred and +forty-three which was thirty-seven less than the number of removals made +by President Grant in seven weeks, in 1869. + +In obedience to the statute of 1869, President Cleveland sent in all the +recess appointments within thirty days after the opening of the +session. They were referred to various committees according to the long +established custom of the Senate, but the Senate moved so slowly +that three months after the opening of the session, only seventeen +nominations had been considered, fifteen of which the Senate confirmed. + +Meanwhile, the Senate had raised an issue which the President met with +a force and a directness probably unexpected. Among the recess +appointments was one to the office of District Attorney for the Southern +District of Alabama, in place of an officer who had been suspended in +July 1885, but whose term of office expired by limitation on December +20, 1885. Therefore, at the time the Senate took up the case, the Tenure +of Office Act did not apply to it, and the only question actually +open was whether the acting officer should be confirmed or rejected. +Nevertheless, the disposition to assert control over executive action +was so strong that the Senate drifted into a constitutional struggle +over a case that did not then involve the question of the President's +discretionary power of removal from office, which was really the point +at issue. + +On December 26, 1885, the Judiciary Committee notified the +Attorney-General to transmit "all papers and information in the +possession of the Department" regarding both the nomination and "the +suspension and proposed removal from office" of the former incumbent. On +January 11, 1886, the Attorney-General sent to the Committee the papers +bearing upon the nomination, but withheld those touching the removal +on the ground that he had "received no direction from the President in +relation to their transmission." The matter was debated by the Senate +in executive session and on January 25, 1886, a resolution was +adopted which was authoritative in its tone and which directed the +Attorney-General to transmit copies of all documents and papers in +relation to the conduct of the office of District Attorney for the +Southern District of Alabama since January 1, 1885. Within three days, +Attorney-General Garland responded that he had already transmitted all +papers relating to the nomination; but with regard to the demand for +papers exclusively relating to the suspension of the former incumbent he +was directed by the President to say "that it is not considered that the +public interests will be promoted by a compliance." + +The response of the Attorney-General was referred to the Judiciary +Committee which, on the 18th of February, made an elaborate report +exhibiting the issue as one which involved the right of Congress to +obtain information. It urged that "the important question, then, is +whether it is within the constitutional competence of either House of +Congress to have access to the official papers and documents in the +various public offices of the United States, created by laws enacted by +themselves." The report, which was signed only by the Republican +members of the Committee, was an adroit partisan performance, invoking +traditional constitutional principles in behalf of congressional +privilege. A distinct and emphatic assertion of the prerogative of the +Senate was made, however, in resolutions recommended to the Senate for +adoption. Those resolutions censured the Attorney-General and declared +it to be the duty of the Senate "to refuse its advice and consent +to proposed removals of officers" when papers relating to them "are +withheld by the Executive or any head of a department." + +On the 2nd of March, a minority report was submitted, making the point +of which the cogency was obvious, that inasmuch as the term of the +official concerning whose suspension the Senate undertook to inquire had +already expired by legal limitation, the only object in pressing for the +papers in his case must be to review an act of the President which +was no longer within the jurisdiction of the Senate, even if the +constitutionality of the Tenure of Office Act should be granted. +The report also showed that of the precedents cited in behalf of the +majority's contention, the applicability could be maintained only of +those which were supplied by cases arising since 1867, before which time +the right of the President to remove officers at his own discretion was +fully conceded. + +The controversy had so far followed the ordinary lines of partisan +contention in Congress, which public opinion was accustomed to regard +with contemptuous indifference as mere sparring for points in the +electioneering game. President Cleveland now intervened in a way which +riveted the attention of the nation upon the issue. Ever since the +memorable struggle which began when the Senate censured President +Jackson and did not end until that censure was expunged, the Senate +had been chary of a direct encounter with the President. Although the +response of the Attorney-General stated that he was acting under the +direction of the President, the pending resolutions avoided any mention +of the President but expressed "condemnation of the refusal of the +Attorney-General under whatever influence, to send to the Senate" the +required papers. The logical implication was that, when the orders +of the President and the Senate conflicted, it was the duty of the +Attorney-General to obey the Senate. This raised an issue which +President Cleveland met by sending to the Senate his message of March +1, 1886, which has taken a high rank among American constitutional +documents. It is strong in its logic, dignified in its tone, terse, +direct, and forceful in its diction. + +Cleveland's message opened with the statement that "ever since the +beginning of the present session of the Senate, the different heads of +the departments attached to the executive branch of the government have +been plied with various requests and documents from committees of the +Senate, from members of such committees, and at last from the Senate +itself, requiring the transmission of reasons for the suspension of +certain officials during the recess of that body, or for papers touching +the conduct of such officials." The President then observed that "though +these suspensions are my executive acts, based upon considerations +addressed to me alone and for which I am wholly responsible, I have had +no invitation from the Senate to state the position which I have felt +constrained to assume." Further on, he clinched this admission of full +responsibility by declaring that "the letter of the Attorney-General in +response to the resolution of the Senate... was written at my suggestion +and by my direction." + +This statement made clear in the sight of the nation that the true issue +was between the President and the Senate. The strength of the Senate's +position lay in its claim to the right of access to the records +of public offices "created by laws enacted by themselves." The +counterstroke of the President was one of the most effective passages +of his message in its effect upon public opinion. "I do not suppose," +he said, "that the public offices of the United States are regulated or +controlled in their relations to either House of Congress by the fact +that they were 'created by laws enacted by themselves.' It must be that +these instrumentalities were enacted for the benefit of the people and +to answer the general purposes of government under the Constitution and +the laws, and that they are unencumbered by any lien in favor of either +branch of Congress growing out of their construction, and unembarrassed +by any obligation to the Senate as the price of their creation." + +The President asserted that, as a matter of fact, no official papers +on file in the departments had been withheld. "While it is by no means +conceded that the Senate has the right, in any case, to review the +act of the Executive in removing or suspending a public officer upon +official documents or otherwise, it is considered that documents and +papers of that nature should, because they are official, be freely +transmitted to the Senate upon its demand, trusting the use of the same, +for proper and legitimate purposes, to the good faith of that body; and +though no such paper or document has been especially demanded in any +of the numerous requests and demands made upon the departments, yet as +often as they were found in the public offices they have been furnished +in answer to such applications." The point made by the President, with +sharp emphasis, was that there was nothing in his action which could be +construed as a refusal of access to official records; what he did refuse +to acknowledge was the right of the Senate to inquire into his motives +and to exact from him a disclosure of the facts, circumstances, and +sources of information that prompted his action. The materials upon +which his judgment was formed were of a varied character. "They consist +of letters and representations addressed to the Executive or intended +for his inspection; they are voluntarily written and presented by +private citizens who are not in the least instigated thereto by any +official invitation or at all subject to official control. While some +of them are entitled to Executive consideration, many of them are so +irrelevant or in the light of other facts so worthless, that they have +not been given the least weight in determining the question to which +they are supposed to relate." If such matter were to be considered +public records and subject to the inspection of the Senate, the +President would thereby incur "the risk of being charged with making a +suspension from office upon evidence which was not even considered." + +Issue as to the status of such documents was joined by the President +in the sharpest possible way by the declaration: "I consider them in no +proper sense as upon the files of the department but as deposited there +for my convenience, remaining still completely under my control. I +suppose if I desired to take them into my custody I might do so +with entire propriety, and if I saw fit to destroy them no one could +complain." + +Moreover, there were cases in which action was prompted by oral +communications which did not go on record in any form. As to this, +Cleveland observed, "It will not be denied, I suppose, that the +President may suspend a public officer in the entire absence of any +papers or documents to aid his official judgment and discretion; and +I am quite prepared to avow that the cases are not few in which +suspensions from office have depended more upon oral representations +made to me by citizens of known good repute and by members of the House +of Representatives and Senators of the United States than upon any +letters and documents presented for my examination." Nor were such +representations confined to members of his own party for, said he, "I +recall a few suspensions which bear the approval of individual members +identified politically with the majority in the Senate." The message +then reviewed the legislative history of the Tenure of Office Act and +questioned its constitutionality. The position which the President had +taken and would maintain was exactly defined by this vigorous statement +in his message: + +"The requests and demands which by the score have for nearly three +months been presented to the different Departments of the government, +whatever may be their form, have but one complexion. They assume +the right of the Senate to sit in judgement upon the exercise of my +exclusive discretion and executive function, for which I am solely +responsible to the people from whom I have so lately received the sacred +trust of office. My oath to support and defend the Constitution, my duty +to the people who have chosen me to execute the powers of their great +office and not relinquish them, and my duty to the chief magistracy +which I must preserve unimpaired in all its dignity and vigor, compel me +to refuse compliance with these demands." + +There is a ringing quality in the style of this message not generally +characteristic of President Cleveland's state papers. It evoked as +ringing a response from public opinion, and this effect was heightened +by a tactless allusion to the message made at this time in the Senate. +In moving a reference of the message to the Judiciary Committee, its +chairman, Senator Edmunds of Vermont, remarked that the presidential +message brought vividly to his mind "the communication of King Charles I +to the Parliament, telling them what, in conducting their affairs, they +ought to do and ought not to do." The historical reference, however, had +an application which Senator Edmunds did not foresee. It brought vividly +to mind what the people of England had endured from a factional tyranny +so relentless that the nation was delighted when Oliver Cromwell turned +Parliament out of doors. It is an interesting coincidence that the +Cleveland era was marked by what in the book trade was known as the +Cromwell boom. Another unfortunate remark made by Senator Edmunds was +that it was the first time "that any President of the United States +has undertaken to interfere with the deliberations of either House of +Congress on questions pending before them, otherwise than by message on +the state of the Union which the Constitution commands him to make from +time to time." The effect of this statement, however, was to stir up +recollections of President Jackson's message of protest against the +censure of the Senate. The principle laid down by Jackson in his message +of April 15, 1834, was that "the President is the direct representative +of the American people," whereas the Senate is "a body not directly +amenable to the people." However assailable this statement may be +from the standpoint of traditional legal theory, it is indubitably the +principle to which American politics conform in practice. The people +instinctively expect the President to guard their interests against +congressional machinations. + +There was a prevalent belief that the Senate's profession of motives, +of constitutional propriety, was insincere and that the position it had +assumed would never have been thought of had the Republican candidate +for President been elected. A feeling that the Senate was not playing +the game fairly to refuse the Democrats their innings was felt even +among Senator Edmunds' own adherents. A spirit of comity traversing +party lines is very noticeable in the intercourse of professional +politicians. Their willingness to help each other out is often +manifested, particularly in struggles involving control of party +machinery. Indeed, a system of ring rule in a governing party seems to +have for its natural concomitant the formation of a similar ring in the +regular opposition, and the two rings maintain friendly relations behind +the forms of party antagonism. The situation is very similar to that +which exists between opposing counsel in suits at law, where the +contentions at the trial table may seem to be full of animosity and may +indeed at times really develop personal enmity, but which as a general +rule are merely for effect and do not at all hinder cooperation in +matters pertaining to their common professional interest. + +The attitude taken by the Senate in its opposition to President +Cleveland jarred upon this sense of professional comity, and it was +very noticeable that in the midst of the struggle some questionable +nominations of notorious machine politicians were confirmed by +the Senate. It may have been that a desire to discredit the reform +professions of the Administration contributed to this result, but the +effect was disadvantageous to the Senate. "The Nation" on March 11, +1886, in a powerful article reviewing the controversy observed: "There +is not the smallest reason for believing that, if the Senate won, it +would use its victory in any way for the maintenance or promotion of +reform. In truth, in the very midst of the controversy, it confirmed the +nomination of one of Baltimore's political scamps." It is certainly true +that the advising power of the Senate has never exerted a corrective +influence upon appointments to office; its constant tendency is towards +a system of apportionment which concedes the right of the President +to certain personal appointments and asserts the reciprocal right of +Congressmen to their individual quotas. + +As a result of these various influences, the position assumed by the +Republicans under the lead of Senator Edmunds was seriously weakened. +When the resolutions of censure were put to the vote on the 26th of +March, that condemning the refusal of the Attorney-General to produce +the papers was adopted by thirty-two ayes to twenty-six nays--a strict +party vote; but the resolution declaring it to be the duty of the +Senate in all such cases to refuse its consent to removals of suspended +officials was adopted by a majority of only one vote, and two Republican +Senators voted with the Democrats. The result was, in effect, a defeat +for the Republican leaders, and they wisely decided to withdraw from the +position which they had been holding. Shortly after the passage of the +resolutions, the Senate confirmed the nomination over which the contest +started, and thereafter the right of the President to make removals at +his own discretion was not questioned. + +This retreat of the Republican leaders was accompanied, however, by a +new development in political tactics, which from the standpoint of party +advantage, was ingeniously conceived. It was now held that, inasmuch as +the President had avowed attachment to the principle of tenure of +office during good behavior, his action in suspending officers therefore +implied delinquency in their character or conduct from which they should +be exonerated in case the removal was really on partisan grounds. In +reporting upon nominations, therefore, Senate committees adopted the +practice of noting that there were no charges of misconduct against the +previous incumbents and that the suspension was on account of "political +reasons." As these proceedings took place in executive session, which is +held behind closed doors, reports of this character would not ordinarily +reach the public, but the Senate now voted to remove the injunction of +secrecy, and the reports were published. The manifest object of these +maneuvers was to exhibit the President as acting upon the "spoils +system" of distributing offices. The President's position was that he +was not accountable to the Senate in such matters. In his message of the +1st of March he said: "The pledges I have made were made to the people, +and to them I am responsible for the manner in which they have been +redeemed. I am not responsible to the Senate, and I am unwilling to +submit my actions and official conduct to them for judgement." + +While this contest was still going on, President Cleveland had to +encounter another attempt of the Senate to take his authority out of his +hands. The history of American diplomacy during this period belongs to +another volume in this series,* but a diplomatic question was drawn into +the struggle between the President and the Senate in such a way that it +requires mention here. Shortly after President Cleveland took office, +the fishery articles of the Treaty of Washington had terminated. In his +first annual message to Congress, on December 8, 1885, he recommended +the appointment of a commission to settle with a similar commission +from Great Britain "the entire question of the fishery rights of the two +governments and their respective citizens on the coasts of the United +States and British North America." But this sensible advice was +denounced as weak and cowardly. Oratory of the kind known as "twisting +the lion's tail" resounded in Congress. Claims were made of natural +right to the use of Canadian waters which would not have been indulged +for a moment in respect of the territorial waters of the United States. +For instance, it was held that a bay over six miles between headlands +gave free ingress so long as vessels kept three miles from shore--a +doctrine which, if applied to Long Island Sound, Delaware Bay, or +Chesapeake Bay, would have impaired our national jurisdiction over those +waters. Senator Frye of Maine took the lead in a rub-a-dub agitation in +the presence of which some Democratic Senators showed marked timidity. +The administration of public services by congressional committees has +the incurable defect that it reflects the particular interests and +attachments of the committeemen. Presidential administration is +so circumstanced that it tends to be nationally minded; committee +administration, just as naturally, tends to be locally minded. Hence, +Senator Frye was able to report from the committee on foreign relations +a resolution declaring that a commission "charged with the consideration +and settlement of the fishery rights... ought not to be provided for by +Congress." Such was the attitude of the Senate towards the President +on this question, that on April 13, 1886, this arrogant resolution was +adopted by thirty-five ayes to 10 nays. A group of Eastern Democrats who +were in a position to be affected by the longshore vote, joined with the +Republicans in voting for the resolution, and among them Senator Gorman +of Maryland, national chairman of the Democratic party. + + + * See "The Path of Empire," by Carl Russell Fish (in "The +Chronicles of America"). + + +President Cleveland was no more affected by this Senate resolution than +he had been by their other resolutions attacking his authority. He went +ahead with his negotiations and concluded treaty arrangements which the +Senate, of course, rejected; but, as that result had been anticipated, +a modus vivendi which had been arranged by executive agreements between +the two countries went into effect, regardless of the Senate's +attitude. The case is a signal instance of the substitution of executive +arrangements for treaty engagements which has since then been such a +marked tendency in the conduct of the foreign relations of the United +States. + +A consideration which worked steadily against the Senate in its attacks +upon the President, was the prevalent belief that the Tenure of Office +Act was unconstitutional in its nature and mischievous in its effects. +Although Senator Edmunds had been able to obtain a show of solid party +support, it eventually became known that he stood almost alone in +the Judiciary Committee in his approval of that act. The case is an +instructive revelation of the arbitrary power conferred by the committee +system. Members are loath to antagonize a party chairman to whom their +own bills must go for approval. Finally, Senator Hoar dared to take +the risk, and with such success that on June 21, 1886, the committee +reported a bill for the complete repeal of the Tenure of Office Act, the +chairman--Senator Edmunds--alone dissenting. When the bill was taken up +for consideration, Senator Hoar remarked that he did not believe there +were five members of the Senate who really believed in the propriety of +that act. "It did not seem to me to be quite becoming," he explained, +"to ask the Senate to deal with this general question, while the +question which arose between the President and the Senate as to the +interpretation and administration of the existing law was pending. I +thought, as a party man, that I had hardly the right to interfere with +the matter which was under the special charge of my honorable friend +from Vermont, by challenging a debate upon the general subject from a +different point of view." + +Although delicately put, this statement was in effect a repudiation of +the party leadership of Edmunds and in the debate which ensued, not +a single Senator came to his support. He stood alone in upholding +the propriety of the Tenure of Office Act, arguing that without its +restraint "the whole real power and patronage of this government was +vested solely in the hands of a President of the United States and +his will was the law." He held that the consent of the Senate to +appointments was an insufficient check if the President were allowed to +remove at his own will and pleasure. He was answered by his own party +colleagues and committee associates, Hoar and Evarts. Senator Hoar went +so far as to say that in his opinion there was not a single person in +this country, in Congress or out of Congress, with the exception of the +Senator from Vermont, who did not believe that a necessary step towards +reform "must be to impose the responsibility of the Civil Service +upon the Executive." Senator Evarts argued that the existing law was +incompatible with executive responsibility, for "it placed the Executive +power in a strait-jacket." He then pointed out that the President had +not the legal right to remove a member of his own Cabinet and asked, "Is +not the President imprisoned if his Cabinet are to be his masters by +the will of the Senate?" The debate was almost wholly confined to the +Republican side of the Senate, for only one Democrat took any part in +it. Senator Edmunds was the sole spokesman on his side, but he fought +hard against defeat and delivered several elaborate arguments of the +"check and balance" type. When the final vote took place, only three +Republicans actually voted for the repealing bill, but there were +absentees whose votes would have been cast the same way had they been +needed to pass the bill.* + + + * The bill was passed by thirty yeas and twenty-two nays, and +among the nays were several Senators who while members of the House had +voted for repeal. The repeal bill passed the House by a vote of 172 to +67, and became law on March 3, 1887 + + +President Cleveland had achieved a brilliant victory. In the joust +between him and Edmunds, in lists of his adversary's own contriving, +he had held victoriously to his course while his opponent had been +unhorsed. The granite composure of Senator Edmunds' habitual mien did +not permit any sign of disturbance to break through, but his position in +the Senate was never again what it had been, and eventually he resigned +his seat before the expiration of his term. He retired from public life +in 1891, at the age of sixty-three. + +From the standpoint of the public welfare, it is to be noted that +the issue turned on the maintenance of privilege rather than on the +discharge of responsibility. President Cleveland contended that he was +not responsible to the Senate but to the people for the way in which he +exercised his trusteeship. But the phrase "the people" is an abstraction +which has no force save as it receives concrete form in appropriate +institutions. It is the essential characteristic of a sound +constitutional system that it supplies such institutions, so as to +put executive authority on its good behavior by steady pressure of +responsibility through full publicity and detailed criticism. This +result, the Senate fails to secure because it keeps trying to invade +executive authority, and to seize the appointing power instead of +seeking to enforce executive responsibility. This point was forcibly +put by "The Nation" when it said: "There is only one way of securing +the presentation to the Senate of all the papers and documents which +influence the President in making either removals or appointments, and +that is a simple way, and one wholly within the reach of the Senators. +They have only to alter their rules, and make executive sessions as +public as legislative sessions, in order to drive the President not only +into making no nominations for which he cannot give creditable reasons, +but into furnishing every creditable reason for the nomination which he +may have in his possession."* + + + * "The Nation," March 11, 1888. + + +During the struggle, an effort was made to bring about this very reform, +under the lead of a Republican Senator, Orville H. Platt of Connecticut. +On April 13, 1886, he delivered a carefully prepared speech, based upon +much research, in which he showed that the rule of secrecy in executive +sessions could not claim the sanction of the founders of the government. +It is true that the Senate originally sat with closed doors for all +sorts of business, but it discontinued the practice after a few years. +It was not until 1800, six years after the practice of public sessions +had been adopted, that any rule of secrecy was applied to business +transacted in executive sessions. Senator Platt's motion to repeal +this rule met with determined opposition on both sides of the chamber, +coupled with an indisposition to discuss the matter. When it came up for +consideration on the 15th of December, Senator Hoar moved to lay it on +the table, which was done by a vote of thirty-three to twenty-one. Such +prominent Democratic leaders as Gorman of Maryland and Vest of Missouri +voted with Republican leaders like Evarts, Edmunds, Allison, and +Harrison, in favor of Hoar's motion, while Hoar's own colleague, Senator +Dawes, together with such eminent Republicans as Frye of Maine, Hawley +of Connecticut, and Sherman of Ohio voted with Platt. Thus, any party +responsibility for the result was successfully avoided, and an issue of +great constitutional importance was laid away without any apparent stir +of popular sentiment. + + + +CHAPTER V. PARTY POLICY IN CONGRESS + +While President Cleveland was successfully asserting his executive +authority, the House of Representatives, too, was trying to assert its +authority; but its choice of means was such that it was badly beaten and +was reduced to a state of humble subordination from which it has never +emerged. Its traditional procedure was arranged on the theory that +Congress ought to propose as well as to enact legislation, and to +receive recommendations from all quarters without preference or +discrimination. Although the Constitution makes it the right and duty of +the President to "recommend to their consideration such measures as +he shall judge necessary and expedient," measures proposed by the +Administration stand on the same footing under the rules as those +proposed by the humblest citizen of the United States. In both cases, +they are allowed to reach Congress only in the form of a bill or +resolution introduced by a member of Congress, and they go on the files +without any distinction as to rank and position except such as pertains +to them from the time and order in which they are introduced. Under +the rules, all measures are distributed among numerous committees, each +having charge of a particular class, with power to report favorably +or adversely. Each committee is constituted as a section of the whole +House, with a distribution of party representation corresponding to that +which exists in the House. + +Viewed as an ideal polity, the scheme has attractive features. In +practice, however, it is attended with great disadvantages. Although the +system was originally introduced with the idea that it would give the +House of Representatives control over legislative business, the actual +result has been to reduce this body to an impotence unparalleled among +national representative assemblies in countries having constitutional +government. In a speech delivered on December 10, 1885, William M. +Springer of Illinois complained: "We find ourselves bound hand and foot, +the majority delivering themselves over to the power of the minority +that might oppose any particular measures, so that nothing could be done +in the way of legislation except by unanimous consent or by a two-thirds +vote." As an instance of legislative paralysis, he related that +"during the last Congress a very important bill, that providing for the +presidential succession... was reported from a committee of which I had +the honor to be a member, and was placed on the calendar of the House on +the 21st day of April, 1884; and that bill, which was favored by nearly +the entire House, was permitted to die on the calendar because there +never was a moment, when under the rules as they then existed, the bill +could be reached and passed by the House." During the whole of that +session of Congress, the regular calendar was never reached. "Owing +to the fact that we could not transact business under the rules, all +business was done under unanimous consent or under propositions +to suspend the rules upon the two Mondays in each month on which +suspensions were allowed." As a two-thirds majority was necessary to +suspend the rules, any considerable minority had a veto power. + +The standing committees, whose ostensible purpose was to prepare +business for consideration, were characterized as legislative +cemeteries. Charles B. Lore of Delaware, referring to the situation +during the previous session, said: "The committees were formed, they +met in their respective committee rooms day after day, week after week, +working up the business which was committed to them by this House, and +they reported to this House 8290 bills. They came from the respective +committees, and they were consigned to the calendars of this House, +which became for them the tomb of the Capulets; most of them were never +heard of afterward. From the Senate there were 2700 bills.... Nine +tenths of the time of the committees of the Forty-eighth Congress was +wasted. We met week after week, month after month, and labored over the +cases prepared, and reported bills to the House. They were put upon the +calendars and there were buried, to be brought in again and again in +succeeding Congresses." + +William D. Kelley of Pennsylvania bluntly declared: "No legislation +can be effectually originated outside the Committee on Appropriations, +unless it be a bill which will command unanimous consent or a stray bill +that may get a two-thirds vote, or a pension bill." He explained that +he excepted pension bills "because we have for several years by special +order remitted the whole subject of pensions to a committee who bring in +their bills at sessions held one night in each week, when ten or fifteen +gentlemen decide what soldiers may have pensions and what soldiers may +not." + +The Democratic party found this situation extremely irritating when it +came into power in the House. It was unable to do anything of importance +or even to define its own party policy, and in the session of Congress +beginning in December, 1885, it sought to correct the situation by +amending the rules. In this undertaking it had sympathy and support +on the Republican side. The duress under which the House labored was +pungently described by Thomas B. Reed, who was just about that time +revealing the ability that gained for him the Republican leadership. +In a speech, delivered on December 16, 1885, he declared: "For the last +three Congresses the representatives of the people of the United +States have been in irons. They have been allowed to transact no public +business except at the dictation and by the permission of a small +coterie of gentlemen, who, while they possessed individually more +wisdom than any of the rest of us, did not possess all the wisdom in the +world." + +The coterie alluded to by Mr. Reed was that which controlled the +committee on appropriations. Under the system created by the rules of +the House, bills pour in by tens of thousands. A member of the House, of +a statistical turn of mind, once submitted figures to the House showing +that it would take over sixty-six years to go through the calendars of +one session in regular order, allowing an average of one minute for each +member to debate each bill. To get anything done, the House must proceed +by special order, and as it is essential to pass the appropriations to +keep up the government, a precedence was allowed to business reported +by that committee which in effect gave it a position of mastery. O. R. +Singleton of Mississippi, in the course of the same debate, declared +that there was a "grievance which towers above all others as the Alps +tower above the surrounding hills. It is the power resting with said +committee, and oftentimes employed by it, to arrest any legislation +upon any subject which does not meet its approval. A motion to go into +committee of the whole to consider appropriation bills is always in +order, and takes precedence of all other motions as to the order of +business." The practical effect of the rules was that, instead of +remaining the servant of the House, the committee became its master. Not +only could the committee shut off from any consideration any measure to +which it was opposed, but it could also dictate to the House the +shape in which its own bills should be enacted. While the form of full +consideration and amendment is preserved, the terms of a bill are +really decided by a conference committee appointed to adjust differences +between the House and the Senate. John H. Reagan of Texas stated that +"a conference committee, made up of three members of the appropriations +committee, acting in conjunction with a similar conference committee +on the part of the Senate, does substantially our legislation upon this +subject of appropriations." In theory, the House was free to accept or +reject the conference committee's report. Practically the choice lay +between the bill as fixed by the conference committee or no bill at all +during that session. Mr. Reagan stated the case exactly when he said +that it meant "letting six men settle what the terms are to be, +beyond our power of control, unless we consent to a called session of +Congress." + +To deal with this situation, the House had refused to adopt the rules of +the preceding Congress; and after electing John G. Carlisle as Speaker +and authorizing the appointment of a committee on rules, it deferred the +appointment of the usual legislative committees until after a new set +of rules had been adopted. The action of the Speaker in constituting the +Rules Committee was scrupulously fair to the contending interests. It +consisted of himself, Samuel J. Randall of Pennsylvania, and William +R. Morrison of Illinois from the Democratic side of the House; and +of Thomas B. Reed of Maine and Frank Hiscock of New York from the +Republican side. On the 14th of December, the committee made two +reports: a majority report presented by Mr. Morrison and a minority +report presented by Mr. Randall and signed by him alone. + +These reports and the debates which followed are most disappointing. +What was needed was a penetrating discussion of the means by which +the House could establish its authority and perform its constitutional +functions. But it is a remarkable circumstance that at no time was any +reference made to the only way in which the House can regain freedom of +action--namely, by having the Administration submit its budget demands +and its legislative proposals directly to the committee of the whole +House. The preparatory stages could then be completed before the opening +of the legislative session. Congress would thus save the months of time +that are now consumed in committee incubation and would almost +certainly be assured of opportunity of considering the public business. +Discrimination in legislative privilege among members of the House would +then be abolished, for every member would belong to the committee on +appropriations. It is universally true in constitutional governments +that power over appropriations involves power over legislation, and the +only possibility of a square deal is to open that power to the entire +membership of the assembly, which is the regular practice in Switzerland +and in all English commonwealths. The House could not have been ignorant +of the existence of this alternative, for the whole subject had been +luminously discussed in the Senate Report of February 4, 1881. It was, +therein, clearly pointed out that such an arrangement would prevent +paralysis or inaction in Congress. With the Administration proposing +its measures directly to Congress, discussion of them and decisions upon +them could not be avoided. + +But such a public forum could not be established without sweeping away +many intrenchments of factional interest and private opportunity, and +this was not at all the purpose of the committee on rules. It took its +character and direction from an old feud between Morrison and Randall. +Morrison, as chairman of the Ways and Means Committee in 1876, had +reported a tariff reform measure which was defeated by Randall's +influence. Then Randall, who had succeeded to the Speakership, +transferred Morrison from the chairmanship of the Ways and Means +Committee to the chairmanship of the committee on public lands. But +Morrison was a man who would not submit to defeat. He was a veteran of +the Civil War, and had been severely wounded in leading his regiment at +Fort Donelson. After the war, he figured in Illinois politics and served +as Speaker of the State Legislature. He entered Congress in 1873 and +devoted himself to the study of the tariff with such intelligence and +thoroughness that his speeches are still an indispensable part of the +history of tariff legislation. His habitual manner was so mild +and unassuming that it gave little indication of the force of his +personality, which was full of energy and perseverance. + +Randall was more imperious in his mien. He was a party leader of +established renown which he had gained in the struggles over force bills +at the close of the reconstruction period. His position on the tariff +was that of a Pennsylvania protectionist, and upon the tariff reform +issue in 1883, he was defeated for the Speakership. At that time, John +G. Carlisle of Kentucky was raised to that post, while Morrison again +became chairman of the Ways and Means Committee. But Randall, now +appointed chairman of the Appropriations Committee, had so great an +influence that he was able to turn about forty Democratic votes against +the tariff bill reported by the Ways and Means Committee, thus enabling +the Republicans to kill the bill by striking out the enacting clause. + +Only this practical aim, then, was in view in the reports presented by +the committee on rules. The principal feature of the majority report was +a proposal to curtail the jurisdiction of the Appropriations Committee +by transferring to other committees five of the eleven regular +appropriation bills. What, from the constitutional point of view, would +appear to be the main question--the recovery by the House of its freedom +of action--was hardly noticed in the report or in the debates which +followed. Heretofore, the rules had allotted certain periods to general +business; now, the majority report somewhat enlarged these periods and +stipulated that no committee should bring more than one proposal before +the House until all other committees had had their turn. This provision +might have been somewhat more effective had it been accompanied by a +revision of the list of committees such as was proposed by William M. +Springer. He pointed out that there were a number of committees "that +have no business to transact or business so trifling and unimportant as +to make it unnecessary to have standing committees upon such subjects"; +he proposed to abolish twenty-one of these committees and to create four +new ones to take their place; he showed that "if we allow these twenty +useless committees to be again put on our list, to be called regularly +in the morning hour... forty-two days will be consumed in calling these +committees"; and, finally, he pointed out that the change would effect a +saving since it would "do away with sixteen committee clerkships." + +This saving was, in fact, fatal to the success of Springer's proposal, +since it meant the extinction of so many sinecures bestowed through +congressional favor. In the end, Springer reduced his proposed change to +the creation of one general committee on public expenditures to take the +place of eight committees on departmental expenditures. It was notorious +that such committees did nothing and could do nothing, and their +futility, save as dispensers of patronage, had been demonstrated in a +startling manner by the effect of the Acts of July 12, 1870, and June +20, 1874, requiring all unused appropriations to be paid into the +Treasury. The amounts thus turned into the Treasury aggregated +$174,000,000 and in a single bureau there was an unexpended balance of +$36,000,000, which had accumulated for a quarter of a century because +Congress had not been advised that no appropriation was needed. Mr. +Springer remarked that, during the ten years in which he had been a +member of Congress, he had observed with regard to these committees +"that in nearly all cases, after their appointment, organization, and +the election of a clerk, the committee practically ceased to exist, and +nothing further is done." William R. Morrison at once came to the +rescue of the endangered sinecures and argued that even although these +committees had been inactive in the past they "constituted the eyes, the +ears, and the hands of the House." In consequence, after a short debate +Mr. Springer's motion was rejected without a division. + +The arrangements subsequently made to provide time and opportunity +for general legislation, turned out in practice to be quite futile and +indeed they were never more than a mere formal pretense. It was quite +obvious, therefore, that the new rules tended only to make the situation +worse than before. Thomas Ryan of Kansas told the plain truth when he +said: "You do not propose to remedy any of those things of which you +complain by any of the rules you have brought forward. You propose to +clothe eight committees with the same power, with the same temptation +and capacity to abuse it. You multiply eightfold the very evils of which +you complain." James H. Blount of Georgia sought to mitigate the +evils of the situation by giving a number of other committees the same +privilege as the appropriation committees, but this proposal at once +raised a storm, for appropriation committees had leave to report at any +time, and to extend the privilege would prevent expeditious handling +of appropriation bills. Mr. Blount's motion was, therefore, voted down +without a division. + +While in the debate, the pretense of facilitating routine business was +ordinarily kept up; occasional intimations of actual ulterior purpose +leaked out, as when John B. Storm of Pennsylvania remarked that it was a +valuable feature of the rules that they did hamper action and "that +the country which is least governed is the best governed, is a maxim in +strict accord with the idea of true civil liberty." William McKinley was +also of the opinion that barriers were needed "against the wild projects +and visionary schemes which will find advocates in this House." Some +years later, when the subject was again up for discussion, Thomas B. +Reed went to the heart of the situation when he declared that the rules +had been devised not to facilitate action but to obstruct it, for "the +whole system of business here for years has been to seek methods of +shirking, not of meeting, the questions which the people present for +the consideration of their representatives. Peculiar circumstances +have caused this. For a long time, one section of the country largely +dominated the other. That section of the country was constantly +apprehensive of danger which might happen at any time by reason of an +institution it was maintaining. Very naturally, all the rules of the +House were bent for the obstruction of action on the part of Congress." +It may be added that these observations apply even more forcibly, to +the rules of the Senate. The privilege of unrestricted debate was not +originally granted by those rules but was introduced as a means +of strengthening the power of sectional resistance to obnoxious +legislation. + +The revision of the rules in 1885, then, was not designed really to +facilitate action by the House, but rather to effect a transfer of the +power to rule the House. It was at least clear that under the proposed +changes the chairman of the committee on appropriations would no longer +retain such complete mastery as Randall had wielded, and this was enough +to insure the adoption of the majority report. The minority report +opposed this weakening of control on the ground that it would be +destructive of orderly and responsible management of the public funds. +Everything which Randall said on that point has since been amply +confirmed by much sad experience. Although some leading Republicans, +among whom was Joseph G. Cannon of Illinois, argued strongly in support +of Randall's views, the temper of the House was such that the majority +in favor of the change was overwhelming, and on December 18, 1885, the +Morrison plan was finally adopted without a roll call. + +The hope that the change in organization would expedite action on +appropriation bills, was promptly disappointed. Only one of the fourteen +regular appropriation bills became law before the last day of the fiscal +year. The duress to which the House was subject became tighter and +harder than before, and the Speakership entered upon a development +unparalleled in constitutional history. The Speaker was practically in a +position to determine what business the House might consider and what it +might not, and the circumstances were such as to breed a belief that it +was his duty to use his discretion where a choice presented itself. It +is obvious that, when on the floor of the House there are a number of +applicants for recognition, the Speaker must choose between them. All +cannot be allowed to speak at once. There is no chance to apply the shop +rule, "first come first served," for numerous applications for the floor +come at the same time. Shall the Speaker choose at random or according +to some definite principle of selection? In view of the Speaker's +interest in the welfare of the party which raised him to the office, he +would naturally inquire in advance the purpose for which the recognition +of the chair was desired. It was a manifest step towards orderly +procedure in session, however, when instead of crowding around the +clerk's desk bawling for recognition, members applied to the Speaker in +advance. In Speaker Blaine's time, this had become a regular practice +and ever since then, a throng of members at the Speaker's office trying +to arrange with him for recognition has been a daily occurrence during +a legislative session. Samuel W. McCall, in his work on "The Business of +Congress," says that the Speaker "usually scrutinizes the bill and the +committee's report upon it, and in case of doubt he sometimes refers +them to a member in whom he has confidence, for a more careful +examination than he himself has time to give." + +Under Speaker Carlisle, this power to censor proposals was made +conspicuous through the factional war in the Democratic party. For +several sessions of Congress, a bill had been pending to repeal the +internal revenue taxes upon tobacco, and it had such support that it +might have passed if it could have been reached for consideration. On +February 5, 1887, a letter was addressed to Speaker Carlisle by three +prominent Democrats: Samuel J. Randall of Pennsylvania, George D. Wise +of Virginia, and John S. Henderson of North Carolina, saying: "At the +instance of many Democratic members of the House, we appeal to you +earnestly to recognize on Monday next, some Democrat who will move to +suspend the rules for the purpose of giving the House an opportunity +of considering the question of the total repeal of the internal revenue +taxes on tobacco." The letter went on to argue that it would be bad +policy to let a Republican have credit for a proposal, which it was +declared "will command more votes than any other measure pending before +the House looking towards a reduction in taxation; and favorable action +on this proposition will not interfere with other efforts that are being +made to reduce the burden of the people." + +Speaker Carlisle, however, refused to allow the House to consider the +matter on the ground that negotiations with Randall and his friends for +concerted party action had so far been fruitless. "Among other things," +he wrote, "we proposed to submit the entire subject to a caucus of our +political friends, with the understanding that all parties would abide +by the result of its action.... We have received no response to that +communication, and I consider that it would not be proper under the +circumstances for me to agree to a course of action which would present +to the House a simple proposition for the repeal of the internal revenue +tax on tobacco, snuff and cigars, to the exclusion of all other measures +for the reduction of taxation." The letter closed by "sincerely hoping +that some plan may yet be devised which will enable the House to +consider the whole subject of revenue reduction." + +No one was less of an autocrat in temper and habit of thought than +Speaker Carlisle, and he assumed this position in deference to +a recognized function of his office, supported by a long line of +precedents. The case was, therefore, a signal illustration of the way +in which the House has impaired its ability to consider legislation by +claiming the exclusive privilege of proposing legislation. If the rules +had allowed the President to propose his measures directly to the House, +then the way would have been opened for a substitute or an amendment. As +it was, the House was able to act only upon matters within the control +of a few persons advantageously posted, and none of the changes of rules +that have been made from time to time have seriously disturbed this +fundamental situation. + +Notwithstanding the new rules adopted in December, 1885, nothing of +importance was accomplished by the House. On February 15, 1886, William +R. Morrison introduced a tariff bill making a moderate reduction in +rates of duty, which, after considerable amendment in the committee of +ways and means, was reported to the House on the 12th of April; but no +further action was taken until the 17th of June, when Morrison moved +that the House go into committee of the whole to consider the bill. +Thirty-five Democrats voted with the Republicans against the motion, +which was defeated by 157 nays to 140 yeas. No further attempt was +made to take up the bill during that session, and in the ensuing fall +Morrison was defeated as a candidate for reelection. Before leaving +Congress he tried once more to obtain consideration of his bill but in +vain. Just as that Congress was expiring, John S. Henderson of North +Carolina was at last allowed to move a suspension of the rules in order +to take a vote on a bill to reduce internal revenue taxes, but he failed +to obtain the two-thirds vote required for suspension of the rules. + +That the proceedings of the Forty-ninth Congress were not entirely +fruitless, was mainly due to the initiative and address of the Senate. +Some important measures were thus pushed through, among them the +act regulating the presidential succession and the act creating the +Interstate Commerce Commission. The first of these provided for the +succession of the heads of departments in turn, in case of the +removal, death, resignation, or inability of both the President and the +Vice-President. + +The most marked legislative achievement of the House was an act +regulating the manufacture and sale of oleomargarine, to which +the Senate assented with some amendment, and which was signed with +reluctance by the President, after a special message to the House +sharply criticizing some of the provisions of the act. A bill providing +for arbitration of differences between common carriers and their +employees was passed by the Senate without a division, but it did not +reach the President until the closing days of the session and failed of +enactment because he did not sign it before the final adjournment. Taken +as a whole, then, the record of the Congress elected in 1884 showed +that while the Democratic party had the Presidency and the House of +Representatives, the Republican party, although defeated at the polls, +still controlled public policy through the agency of the Senate. + + + +CHAPTER VI. PRESIDENTIAL KNIGHT-ERRANTRY + +Although President Cleveland decisively repelled the Senate's attempted +invasion of the power of removal belonging to his office, he was still +left in a deplorable state of servitude through the operation of old +laws based upon the principle of rotation in office. The Acts of 1820 +and 1836, limiting commissions to the term of four years, forced him +to make numerous appointments which provoked controversy and made +large demands upon his time and thought. In the first year of his +administration, he sent about two thousand nominations to the Senate, +an average of over six a day, assuming that he was allowed to rest on +Sunday. His freedom of action was further curtailed by an Act of 1863, +prohibiting the payment of a salary to any person appointed to fill a +vacancy existing while the Senate was in session, until the appointment +had been confirmed by the Senate. The President was thus placed under a +strict compulsion to act as a party employment agent. + +If it is the prime duty of a President to act in the spirit of a +reformer, Cleveland is entitled to high praise for the stanchness with +which he adhered to his principles under most trying circumstances. Upon +November 27, 1885, he approved rules confirming and extending the civil +service regulations. Charges that Collector Hedden of the New York +Customs House was violating the spirit of the Civil Service Act, and +was making a party machine of his office, caused the Civil Service +Commission to make an investigation which resulted in his resignation +in July, 1886. On the 10th of August, Daniel Magone of Ogdensburg, New +York, a widely known lawyer, was personally chosen by the President with +a view to enforcing the civil service law in the New York Customs House. +Before making this appointment, President Cleveland issued an order to +all heads of departments warning all officeholders against the use of +their positions to control political movements in their localities. +"Officeholders," he declared, "are the agents of the people, not their +masters. They have no right, as officeholders, to dictate the political +action of their associates, or to throttle freedom of action within +party lines by methods and practices which prevent every useful and +justifiable purpose of party organization." In August, President +Cleveland gave signal evidence of his devotion to civil service reform +by appointing a Republican, because of his special qualifications, to be +chief examiner for the Civil Service Commission. + +Democratic party workers were so angered and disgusted by the +President's policy that any mention of his name was enough to start a +flow of coarse denunciation. Strong hostility to his course of action +was manifested in Congress. Chairman Randall, of the committee on +appropriations, threatened to cut off the appropriation for office room +for the commission. A "rider" to the legislative appropriation bill, +striking at the civil service law, caused a vigorous debate in the House +in which leading Democrats assailed the Administration, but eventually +the "rider" was ruled out on a point of order. In the Senate, such party +leaders as Vance of North Carolina, Saulsbury of Delaware, and Voorhees +of Indiana, openly ridiculed the civil service law, and various attempts +to cripple it were made but were defeated. Senator Vance introduced a +bill to repeal the law, but it was indefinitely postponed by a vote of +33 to 6, the affirmative vote being cast mainly by Republicans; and in +general the strongest support for the law now came from the Republican +side. Early in June, 1887, an estimate was made that nine thousand civil +offices outside the scope of the civil service rules were still held by +Republicans. The Republican party press gloated over the situation and +was fond of dwelling upon the way in which old-line Democrats were being +snubbed while the Mugwumps were favored. At the same time, civil +service reformers found much to condemn in the character of Cleveland's +appointments. A special committee of the National Civil Service Reform +League, on March 30, 1887, published a report in which they asserted +that, "tried by the standard of absolute fidelity to the reform as it +is understood by this League, it is not to be denied that this +Administration has left much to be desired." At a subsequent session of +the League, its President, George William Curtis, proclaimed that the +League did not regard the Administration as "in any strict sense of +the words a civil service reform administration." Thus while President +Cleveland was alienating his regular party support, he was not getting +in return any dependable support from the reformers. He seemed to be +sitting down between two stools, both tilting to let him fall. + +Meanwhile, he went on imperturbably doing his duty as he saw it. Like +many of his predecessors, he would rise early to get some time to attend +to public business before the rush of office seekers began, but the bulk +of his day's work lay in the discharge of his compulsory duties as an +employment agent. Many difficult situations were created by contentions +among Congressmen over appointments. It was Cleveland's habit to +deal with these cases by homely expostulation and by pleas for mutual +concessions. Such incidents do not of course go upon record, and it is +only as memoirs and reminiscences of public men are published that this +personal side of history becomes known. Senator Cullom of Illinois in +his "Fifty Years of Public Service" gives an account that doubtless +fairly displays Cleveland's way of handling his vexatious problems. "I +happened to be at the White House one day, and Mr. Cleveland said to +me, 'I wish you would take up Lamar's nomination and dispose of it. I am +between hay and grass with reference to the Interior Department. Nothing +is being done there; I ought to have some one on duty, and I cannot do +anything until you dispose of Lamar.'" Mr. Lamar, who had entered +the Cabinet as Secretary of the Interior, was nominated for associate +justice of the Supreme Court on December 6, 1887. He had been an eminent +member of the Senate, with previous distinguished service in the House, +so that the Senate must have had abundant knowledge of his character +and attainments. It is impossible to assign the delay that ensued +to reasonable need of time for inquiry as to his qualifications, but +Senator Cullom relates that "the nomination pended before the Judiciary +Committee for a long time." Soon after the personal appeal, which +was made by the President to every Senator he could reach, action was +finally taken and the appointment was confirmed January 16, 1888. + +Senator Cullom's reminiscences also throw light upon the process by +which judges are appointed. President Cleveland had selected Melville W. +Fuller of Illinois for the office of chief justice of the Supreme Court. +According to Senator Cullom, Senator Edmunds "was very much out of humor +with the President because he had fully expected that Judge Phelps, of +his own State, was to receive the honor.... The result was that Senator +Edmunds held the nomination, without any action, in the Judiciary +Committee for some three months." Senator Cullom, although a party +associate of Edmunds, was pleased that the President had selected an +Illinois jurist and he was determined that, if he could help it, Edmunds +should not have the New Hampshire candidate appointed. He therefore +appealed to the committee to do something about the nomination, either +one way or the other. The committee finally reported the nomination to +the Senate without recommendation. When the matter came up in executive +session, "Senator Edmunds at once took the floor and attacked Judge +Fuller most viciously as having sympathized with the rebellion." But +Cullom was primed to meet that argument. He had been furnished with a +copy of a speech attacking President Lincoln which Phelps had delivered +during the war, and he now read it to the Senate, "much to the chagrin +and mortification of Senator Edmunds." Cullom relates that the Democrats +in the Senate enjoyed the scene. "Naturally, it appeared to them a very +funny performance, two Republicans quarreling over the confirmation of +a Democrat. They sat silent, however, and took no part at all in the +debate, leaving us Republicans to settle it among ourselves." The result +of the Republican split was that the nomination of Fuller was confirmed +"by a substantial majority." + +Another nomination which caused much agitation at the time was that of +James C. Matthews of New York, to be Recorder of Deeds in the District +of Columbia. The office had been previously held by Frederick Douglass, +a distinguished leader of the colored race; and in filling the vacancy +the President believed it would be an exercise of wise and kindly +consideration to choose a member of the same race. But in the Washington +community, there was such a strong antipathy to the importation of +a negro politician from New York to fill a local office that a great +clamor was raised, in which Democrats joined. The Senate rejected the +nomination, but meanwhile Mr. Matthews had entered upon the duties of +his office and he showed such tact and ability as gradually to soften +the opposition. On December 21, 1886, President Cleveland renominated +him, pointing out that he had been in actual occupation of the office +for four months, managing its affairs with such ability as to remove +"much of the opposition to his appointment which has heretofore +existed." In conclusion, the President confessed "a desire to cooperate +in tendering to our colored fellow-citizens just recognition." This was +a shrewd argument. The Republican majority in the Senate shrank from +what might seem to be drawing the color line, and the appointment was +eventually confirmed; but this did not remove the sense of grievance in +Washington over the use of local offices for national party purposes. +Local sentiment in the District of Columbia is, however, politically +unimportant, as the community has no means of positive action.* + + + * It is a singular fact, which contains matter for deep +consideration, that the District of Columbia, the national capital, +is the only populated area in the civilized world without any sort of +suffrage rights. + + +In the same month in which President Cleveland issued his memorable +special message to the Senate on the Tenure of Office Act, he began +another struggle against congressional practice in which he was not +so fortunate. On March 10, 1886, he sent to Congress the first of his +pension vetoes. Although liberal provision for granting pensions had +been made by general laws, numerous special applications were made +directly to Congress, and congressmen were solicited to secure favorable +consideration for them. That it was the duty of a representative to +support an application from a resident of his district, was a doctrine +enforced by claim agents with a pertinacity from which there was no +escape. To attempt to assume a judicial attitude in the matter was +politically dangerous, and to yield assent was a matter of practical +convenience. Senator Cullom relates that when he first became a member +of the committee on pensions he was "a little uneasy" lest he "might +be too liberal." But he was guided by the advice of an old, experienced +Congressman, Senator Sawyer of Wisconsin, who told him: "You need not +worry, you cannot very well make a mistake allowing liberal pensions to +the soldier boys. The money will get back into the Treasury very soon." + +The feeling that anything that the old soldiers wanted should be granted +was even stronger in the House, where about the only opportunity of +distinction allowed by the procedure was to champion these local demands +upon the public treasury. It was indeed this privilege of passing +pension bills which partially reconciled members of the House to +the actual control of legislative opportunity by the Speaker and +the chairmen of a few dominating committees. It was a congressional +perquisite to be allowed to move the passage of so many bills; enactment +followed as a matter of course. President Cleveland made a pointed +reference to this process in a veto message of June 21, 1886. He +observed that the pension bills had only "an apparent Congressional +sanction" for the fact was that "a large proportion of these bills have +never been submitted to a majority of either branch of Congress, but are +the results of nominal sessions held for the express purpose of their +consideration and attended by a small minority of the members of the +respective houses of the legislative branch of government." + +Obviously, the whole system of pension legislation was faulty. Mere +individual effort on the part of the President to screen the output of +the system was scarcely practicable, even if it were congruous with +the nature of the President's own duties; but nevertheless Cleveland +attempted it, and kept at it with stout perseverance. One of his veto +messages remarks that in a single day nearly 240 special pension bills +were presented to him. He referred them to the Pension Bureau for +examination and the labor involved was so great that they could not +be returned to him until within a few hours of the limit fixed by the +Constitution for the President's assent. + +There could be no more signal proof of President Cleveland's constancy +of soul than the fact that he was working hard at his veto forge, with +the sparks falling thickly around, right in his honeymoon. He married +Miss Frances Folsom of Buffalo on June 2, 1886. The ceremony took place +in the White House, and immediately thereafter, the President and his +charming bride went to Deer Park, Maryland, a mountain resort. The +respite from official cares was brief; on June 8th, the couple returned +to Washington and some of the most pugnacious of the pension vetoes +were sent to Congress soon after. The rest of his public life was passed +under continual storm, but the peace and happiness of his domestic life +provided a secure refuge. + +On the other hand, the rebuffs which Democratic Congressmen received in +the matter of pension legislation were, it must be admitted, peculiarly +exasperating. Reviewing the work of the Forty-ninth Congress, "The +Nation" mentioned three enactments which it characterized as great +achievements that should be placed to the credit of Congress. Those were +the act regulating the presidential succession, approved January 18, +1886; the act regulating the counting of the electoral votes, approved +February 3, 1887; and the repeal of the Tenure of Office Act, approved +March 3, 1887. But all three measures originated in the Senate, and +the main credit for their enactment might be claimed by the Republican +party. There was some ground for the statement that they would have +been enacted sooner but for the disturbance of legislative routine by +political upheavals in the House; and certainly no one could pretend +that it was to get these particular measures passed that the Democratic +party was raised to power. The main cause of the political revolution of +1884 had been the continuance of war taxes, producing revenues that were +not only not needed but were positively embarrassing to the Government. +Popular feeling over the matter was so strong that even the Republican +party had felt bound to put into its national platform, in 1884, a +pledge "to correct the irregularities of the tariff and to reduce the +surplus." The people, however, believed that the Republican party had +already been given sufficient opportunity, and they now turned to +the Democratic party for relief. The rank and file of this party felt +acutely, therefore, that they were not accomplishing what the people +expected. Members arrived in Washington full of good intentions. They +found themselves subject to a system which allowed them to introduce all +the bills they wanted, but not to obtain action upon them. Action +was the prerogative of a group of old hands who managed the important +committees and who were divided among themselves on tariff policy. And +now, the little bills which, by dint of persuasion and bargaining, they +had first put through the committees, and then through both Houses of +Congress, were cut down by executive veto, turning to their injury what +they had counted upon to help them in their districts. + +During the campaign, Democratic candidates had everywhere contended that +they were just as good friends of the old soldiers as the Republicans. +Now, they felt that to make good this position they must do something to +offset the effect of President Cleveland's vetoes. In his messages, he +had favored "the most generous treatment to the disabled, aged and needy +among our veterans"; but he had argued that it should be done by general +laws, and not by special acts for the benefit of particular claimants. +The Pension Committee of the House responded by reporting a bill "for +the relief of dependent parents and honorably discharged soldiers and +sailors who are now disabled and dependent upon their own labor for +support." It passed the House by a vote of 180 to 76, with 63 not +voting, and it passed the Senate without a division. On the 11th of +February, President Cleveland sent in his veto, accompanied by a message +pointing out in the language of the act defects and ambiguities which he +believed would "but put a further premium on dishonesty and mendacity." +He reiterated his desire that provision should be made "for those who, +having served their country long and well, are reduced to destitution +and dependence," but he did not think that the bill was a proper means +of attaining that object. On the 19th of February, the House committee +on pensions submitted an elaborate report on the veto in which they +recited the history of the bill and the reasons actuating the committee. +Extracts from Cleveland's messages were quoted, and the committee +declared that, in "hearty accord with these views of the President and +largely in accordance with his suggestions, they framed a bill which +they then thought, and still continue to think, will best accomplish the +ends proposed." A motion to pass the bill over the veto on the 24th of +February received 175 votes to 125, but two-thirds not having voted in +the affirmative the bill failed to pass. The Republicans voted solidly +in support of the bill, together with a large group of Democrats. +The negative vote came wholly from the Democratic side. Such a fiasco +amounted to a demonstration of the lack of intelligent leadership. +If the President and his party in Congress were cooperating for the +furtherance of the same objects, as both averred, it was discreditable +all around that there should have been such a complete misunderstanding +as to the procedure. + +Meanwhile, the President was making a unique record by his vetoes. +During the period of ninety-six years, from the foundation of the +Government down to the beginning of Cleveland's administration, the +entire number of veto messages was 132. In four years, Cleveland sent +in 301 veto messages, and in addition he practically vetoed 109 bills +by inaction. Of 2042 private pension bills passed by Congress, 1518 +were approved and 284 became laws by lapse of time without approval. The +positive results of the President's activity were thus inconsiderable, +unless incidentally he had managed to correct the system which he had +opposed. That claim, indeed, was made in his behalf when "The Nation" +mentioned "the arrest of the pension craze" as a "positive achievement +of the first order.'" But far from being arrested, "the pension craze" +was made the more furious, and it soon advanced to extremes unknown +before.* + + + * March 19, 1887. + + +The Democratic politicians naturally viewed with dismay the approach +of the national election of 1888. Any one could see that the party was +drifting on to the rocks and nobody deemed to be at the helm. According +to William R. Morrison, who certainly had been in a position to know, +President Cleveland had "up to this time taken no decided ground one way +or the other on the question of tariff." He had included the subject +in the long dissertation on the state of the Union, which ever since +Jefferson's time the President has been wont to send to Congress at +the opening of a session, but he had not singled it out as having +precedence. He now surprised the country, roused his party, and gave +fresh animation to national politics on December 6, 1887, by devoting +his third annual message wholly to the subject of taxation and +revenue. He pointed out that the treasury surplus was mounting up to +$140,000,000; that the redemption of bonds which had afforded a means +for disbursement of excess revenues had stopped because there were no +more bonds that the Government had a right to redeem; and that, hence, +the Treasury "idly holds money uselessly subtracted from the channels +of trade," a situation from which monetary derangement and business +distress would naturally ensue. He strongly urged that the "present +tariff laws, the vicious, inequitable and illogical source of +unnecessary taxation, ought to be at once revised and amended." +Cleveland gave a detailed analysis of the injurious effects which the +existing tariff had upon trade and industry, and went on to remark that +"progress toward a wise conclusion will not be improved by dwelling +upon the theories of protection and free trade. This savors too much of +bandying epithets. It is a condition which confronts us, not a theory." +The effect of the message was very marked both upon public opinion and +party activity. Mr. Morrison correctly summed up the party effect +in saying that "Mr. Mills, obtaining the substantial support of the +Administration, was enabled to press through the House a bill differing +in a very few essential measures from, and combining the general details +and purposes of, the several measures of which I have been the author, +and which had been voted against by many of those who contributed to the +success of the Mills Bill." + +An incident which attracted great notice because it was thought to have +a bearing on the President's policy of tariff revision, was the veto of +the Allentown Public Building Bill. This bill was of a type which is one +of the rankest growths of the Congressional system--the grant of +money not for the needs of public service but as a district favor. It +appropriated $100,000 to put up a post-office building at Allentown, +Pennsylvania, where adequate quarters were being occupied by the +post-office at an annual rent of $1300. President Cleveland vetoed the +bill simply on the ground that it proposed an unnecessary expenditure, +but the fact was at once noted that the bill had been fathered by +Congressman Snowden, an active adherent of Randall in opposition to +the tariff reform policy of the Administration. The word went through +Congress and reverberated through the press that "there is an Allentown +for every Snowden." Mr. Morrison said in more polite phrase what came +to the same thing when he observed that "when Mr. Cleveland took decided +ground in favor of revision and reduction, he represented the patronage +of the Administration, in consequence of which he was enabled to enforce +party discipline, so that a man could no longer be a good Democrat and +favor anything but reform of the tariff." + +After the Mills Bill had passed the House* and had been sent to the +Senate, it was held in committee until October 3, 1888. When it emerged +it carried an amendment which was in effect a complete substitute, +but it was not taken up for consideration until after the presidential +election, and it was meant simply as a Republican alternative to the +Mills Bill for campaign use. Consideration of the bill began on the +5th of December and lasted until the 22nd of January, when the bill was +returned to the House transformed into a new measure. It was referred to +the Ways and Means Committee, and Chairman Mills reported it back with a +resolution setting forth that "the substitution by the Senate under the +form of an amendment.... of another and different bill," is in conflict +with the section of the Constitution which "vests in the House of +Representatives the sole power to originate such a measure." The House +refused to consider the resolution, a number of Democrats led by Mr. +Randall voting with the Republicans in the negative. No further action +was taken on the bill and since that day the House has never ventured +to question the right of the Senate to amend tax bills in any way and +to any extent. As Senator Cullom remarks in his memoirs, the Democrats, +although they had long held the House and had also gained, the +Presidency, "were just as powerless to enact legislation as they had +been before." + + * The Mills Bill was passed July 21, 1888, yeas 162, nays 149, +not voting 14. Randall, Snowden, and two other Democrats joined the +Republicans in voting against the bill. + + + +CHAPTER VII. THE PUBLIC DISCONTENTS + +While President and Congress were passing the time in mutual +obstruction, the public discontents were becoming hot and bitter to +a degree unknown before. A marked feature of the situation was the +disturbance of public convenience involving loss, trouble, and distress +which were vast in extent but not easily expressed in statistical form. +The first three months of 1886 saw an outbreak of labor troubles far +beyond any previous record in their variety and extent. In 1885, the +number of strikes reported was 645 affecting 2284 establishments, a +marked increase over preceding years. In 1886, the number of strikes +rose to 1411, affecting 9861 establishments and directly involving +499,489 persons. The most numerous strikes were in the building trades, +but there were severe struggles in many other industries. There was, for +example, an interruption of business on the New York elevated railway +and on the street railways of New York, Brooklyn, and other cities. + +But the greatest public anxiety was caused by the behavior of the +Knights of Labor, an organization then growing so rapidly that it gave +promise of uniting under one control the active and energetic elements +of the working classes of the country. It started in a humble way, in +December, 1869, among certain garment cutters in Philadelphia, and for +some years spread slowly from that center. The organization remained +strictly secret until 1878, in which year it held a national convention +of its fifteen district assemblies at Reading, Pennsylvania. The object +and principles of the order were now made public and, thereafter, it +spread with startling rapidity, so that in 1886 it pitted its strength +against public authority with a membership estimated at from, 500,000 +to 800,000. Had this body been an army obedient to its leaders, it +would have wielded great power; but it turned out to be only a mob. Its +members took part in demonstrations which were as much mutinies against +the authority of their own executive board as they were strikes against +their employers. The result of lack of organization soon began to be +evident. In March 1886, the receiver of the Texas Pacific Railroad +discharged an employee prominent in the Knights of Labor and thus +precipitated a strike which was promptly extended to the Missouri +Pacific. There were riots at various points in Missouri and Kansas, and +railroad traffic at St. Louis was completely suspended for some days, +but the strike was eventually broken. The Knights of Labor, however, +had received a blow from which it never recovered, and as a result its +membership declined. The order has since been almost wholly superseded +by the American Federation of Labor, established in 1886 through shrewd +management by an association of labor unions which had been maintained +since 1881. The Knights had been organized by localities with the aim of +merging all classes of working men into one body. The Federation, on +the other hand, is composed of trades unions retaining their autonomy--a +principle of organization which has proved to be more solid and durable. + +To these signs of popular discontent the Government could not be blind. +A congressional committee investigated the railroad strikes, and both +parties in Congress busied themselves with labor legislation. But in +spite of this apparent willingness to cope with the situation, there now +followed another display of those cross purposes which occurred so often +during the Cleveland administration. The House had already passed a +bill providing means of submitting to arbitration controversies between +railroads engaged in interstate commerce and their employees. President +Cleveland now sent a special message recommending that "instead of +arbitrators chosen in the heat of conflicting claims and after each +dispute shall arise, there be created a Commission of Labor, consisting +of three members, who shall be regular officers of the government, +charged among other duties with the consideration and settlement when +possible, of all controversies between labor and capital." In spite of +the urgency of the situation, the Senate seized this occasion for a new +display of party tactics, and it allowed the bill already passed by the +House to lie without action while it proceeded to consider various labor +measures of its own. For example, by June 1, 1886, the Senate had +passed a bill providing that eight hours should be a day's work for +letter-carriers; soon afterwards, it passed a bill legalizing the +incorporation of national trades unions, to which the House promptly +assented without a division; and the House then continued its labor +record by passing on the 15th of July a bill against the importation of +contract labor. This last bill was not passed by the Senate until after +the fall elections. It was approved by the President on February 23, +1887. + +The Senate also delayed action on the House bill, which proposed +arbitration in labor disputes, until the close of the session; and +then the President, in view of his disregarded suggestion, withheld +his assent. It was not until the following year that the legislation +recommended by the President was enacted. By the Act of June 13, 1888, +the Department of Labor was established, and by the Act of October +1, 1888, in addition to provision for voluntary arbitration between +railroad corporations and their employees, the President was authorized +to appoint a commission to investigate labor conflicts, with power to +act as a board of conciliation. During the ten years in which the act +remained on the statute books, it was actually put to use only in 1894, +when a commission was appointed to investigate the Pullman strike at +Chicago, but this body took no action towards settling the dispute. + +Thus far, then, the efforts of the Government to deal with the labor +problem had not been entirely successful. It is true that the labor +conflicts arose over differences which only indirectly involved +constitutional questions. The aims of both the Knights of Labor and of +the American Federation were primarily economic and both organizations +were opposed to agitation of a distinctively political character. But +parallel with the labor agitation, and in communication with it, there +were radical reform movements of a type unknown before. There was now to +arise a socialistic movement opposed to traditional constitutionalism, +and therefore viewed with alarm in many parts of the country. Veneration +of the Constitution of 1787 was practically a national sentiment which +had lasted from the time the Union was successfully established until +the Cleveland era. However violent political differences in regard to +public policy might be, it was the invariable rule that proposals must +claim a constitutional sanction. In the Civil War, both sides felt +themselves to be fighting in defense of the traditional Constitution. + +The appeal to antiquity--even such a moderate degree of antiquity as +may be claimed for American institutions--has always been the staple +argument in American political controversy. The views and intentions +of the Fathers of the Constitution are exhibited not so much +for instruction as for imitation, and by means of glosses and +interpretations conclusions may be reached which would have surprised +the Fathers to whom they are imputed. Those who examine the records of +the formative period of American institutions, not to obtain material +for a case but simply to ascertain the facts, will readily observe that +what is known as the principle of strict construction dates only from +the organization of national parties under the Constitution. It was an +invention of the opposition to Federalist rule and was not held by the +makers of the Constitution themselves. The main concern of the framers +was to get power for the National Government, and they went as far as +they could with such success that striking instances may be culled from +the writings of the Fathers showing that the scope they contemplated has +yet to be attained. Strict construction affords a short and easy way +of avoiding troublesome issues--always involved in unforeseen national +developments--by substituting the question of constitutional power for a +question of public propriety. But this method has the disadvantage, +that it belittles the Constitution by making it an obstacle to progress. +Running through much political controversy in the United States is the +argument that, even granting that a proposal has all the merit claimed +for it, nevertheless it cannot be adopted because the Constitution is +against it. By strict logical inference the rejoinder then comes +that, if so, the Constitution is no longer an instrument of national +advantage. The traditional attachment of the American people to the +Constitution has indeed been so strong that they have been loath to +accept the inference that the Constitution is out of date, although the +quality of legislation at Washington kept persistently suggesting that +view of the case. + +The failures and disappointments resulting from the series of national +elections from 1874 to 1884, at last, made an opening for party +movements voicing the popular discontent and openly antagonistic to +the traditional Constitution. The Socialist Labor party held its first +national convention in 1877. Its membership was mostly foreign; of +twenty-four periodical publications then carried on in the party +interest, only eight were in the English language; and this polyglot +press gave justification to the remark that the movement was in the +hands of people who proposed to remodel the institutions of the country +before they had acquired its language. The alien origin of the movement +was emphasized by the appearance of two Socialist members of the German +Reichstag, who made a tour of this country in 1881 to stir up interest +in the cause. It was soon apparent that the growth of the Socialist +party organization was hindered by the fact that its methods were too +studious and its discussions too abstract to suit the energetic temper +of the times. Many Socialists broke away to join revolutionary clubs +which were now organized in a number of cities without any clearly +defined principle save to fight the existing system of government. + +At this critical moment in the process of social disorganization, the +influence of foreign destructive thought made itself felt. The +arrival of Johann Most from Europe, in the fall of 1882, supplied this +revolutionary movement with a leader who made anarchy its principle. +Originally a German Socialist aiming to make the State the sole landlord +and capitalist, he had gone over to anarchism and proposed to dissolve +the State altogether, trusting to voluntary association to supply +all genuine social needs. Driven from Germany, he had taken refuge in +England, but even the habitual British tolerance had given way under +his praise of the assassination of the Czar Alexander in 1881 and his +proposal to treat other rulers in the same way. He had just completed +a term of imprisonment before coming to the United States. Here, he was +received as a hero; a great mass meeting in his honor was held in Cooper +Union, New York, in December, 1882; and when he toured the country he +everywhere addressed large meetings. + +In October 1883, a convention of social revolutionists and anarchists +was held in Chicago, at which a national organization was formed called +the International Working People's Association. The new organization +grew much faster than the Socialist party itself, which now almost +disappeared. Two years later, the International had a party press +consisting of seven German, two Bohemian, and only two English papers. +Like the Socialist party, it was, therefore, mainly foreign in its +membership. It was strongest in and about Chicago, where it included +twenty groups with three thousand enrolled members. The anarchist +papers exhorted their adherents to provide themselves with arms and even +published instructions for the use of dynamite. + +Political and industrial conditions thus supplied material for an +explosion which came with shocking violence. On May 4, 1885, towards the +close of an anarchist meeting held in Chicago, a dynamite bomb thrown +among a force of policemen killed one and wounded many. Fire was at +once opened on both sides, and, although the battle lasted only a few +minutes, seven policemen were killed and about sixty wounded; while +on the side of the anarchists, four were killed and about fifty were +wounded. Ten of the anarchist leaders were promptly indicted, of whom +one made his escape and another turned State's evidence. The trial of +the remaining eight began on June 21, 1886, and two months later the +death sentence was imposed upon seven and a penitentiary term of fifteen +years upon one. The sentences of two of the seven were commuted to life +imprisonment; one committed suicide in his cell by exploding a cartridge +in his mouth; and four met death on the scaffold. While awaiting +their fate they were to a startling extent regarded as heroes and +bore themselves as martyrs to a noble cause. Six years later, Illinois +elected as governor John P. Altgeld, one of whose first steps was to +issue a pardon to the three who were serving terms of imprisonment and +to criticize sharply the conduct of the trial which had resulted in the +conviction of the anarchists. + +The Chicago outbreak and its result stopped the open spread of +anarchism. Organized labor now withdrew from any sort of association +with it. This cleared the field for a revival of the Socialist movement +as the agency of social and political reconstruction. So rapidly did +it gain in membership and influence that by 1892 it was able to present +itself as an organized national party appealing to public opinion for +confidence and support, submitting its claims to public discussion, and +stating its case upon reasonable grounds. Although its membership was +small in comparison with that of the old parties, the disparity was +not so great as it seemed, since the Socialists represented active +intelligence while the other parties represented political inertia. From +this time on, Socialist views spread among college students, artists, +and men of letters, and the academic Socialist became a familiar figure +in American society. + +Probably more significant than the Socialist movement, as an indication +of the popular demand for radical reform in the government of the +country, was the New York campaign of Henry George in 1886. He was a San +Francisco printer and journalist when he published the work on "Progress +and Poverty" which made him famous. Upon the petition of over thirty +thousand citizens, he became the Labor candidate for mayor of New York +City. The movement in support of George developed so much strength that +the regular parties felt compelled to put forward exceptionally strong +candidates. The Democrats nominated Abram S. Hewitt, a man of the +highest type of character, a fact which was not perhaps so influential +in getting him the nomination as that he was the son-in-law of Peter +Cooper, a philanthropist justly beloved by the working classes. The +Republicans nominated Theodore Roosevelt, who had already distinguished +himself by his energy of character and zeal for reform. Hewitt was +elected, but George received 68,110 votes out of a total of 219,679, and +stood second in the poll. His supporters contended that he had really +been elected but had been counted out, and this belief turned their +attention to the subject of ballot reform. To the agitation which +Henry George began, may be fairly ascribed the general adoption of the +Australian ballot in the United States. + +The Socialist propaganda carried on in large cities and in factory towns +hardly touched the great mass of the people of the United States, who +belonged to the farm rather than to the workshop. The great agricultural +class, which had more weight at the polls than any other class of +citizens, was much interested in the redress of particular grievances +and very little in any general reform of the governmental system. It +is a class that is conservative in disposition but distrustful of +authority, impatient of what is theoretical and abstract, and bent upon +the quick practical solution of problems by the nearest and simplest +means. While the Socialists in the towns were interested in labor +questions, the farmers more than any other class were affected by the +defective system of currency supply. The national banking system had not +been devised to meet industrial needs but as a war measure to provide +a market for government bonds, deposits of which had to be made as the +basis of note issues. As holdings of government bonds were amassed in +the East, financial operations tended to confine themselves to that +part of the country, and banking facilities seemed to be in danger +of becoming a sectional monopoly, and such, indeed, was the case to a +marked extent. This situation inspired among the farmers, especially +in the agricultural West, a hatred of Wall Street and a belief in the +existence of a malign money power which provided an inexhaustible fund +of sectional feeling for demagogic exploitation. + +For lack of proper machinery of credit for carrying on the process of +exchange, there seemed to be an absolute shortage in the amount of money +in circulation, and it was this circumstance that had given such force +to the Greenback Movement. Although that movement was defeated, its +supporters urged that, if the Government could not supply additional +note issues, it should at least permit an increase in the stock of +coined money. This feeling was so strong that as early as 1877 the House +had passed a bill for the free coinage of silver. For this, the +Senate substituted a measure requiring the purchase and coinage by the +Government of from two to four million dollars' worth of silver monthly, +and this compromise was accepted by the House. As a result, in February, +1878, it was passed over President Hayes's veto. + +The operation of this act naturally tended to cause the hoarding of +gold as the cheaper silver was equally a legal tender, and meanwhile the +silver dollars did not tend to pass into circulation. In 1885, in his +first annual message to Congress, President Cleveland mentioned the fact +that, although 215,759,431 silver dollars had been coined, only about +fifty million had found their way into circulation, and that "every +month two millions of gold in the public Treasury are paid out for two +millions or more of silver dollars to be added to the idle mass already +accumulated." The process was draining the stock of gold in the Treasury +and forcing the country to a silver basis without really increasing +the amount of money in actual circulation or removing any of the +difficulties in the way of obtaining supplies of currency for business +transactions. President Cleveland recommended the repeal of the Silver +Coinage Act, but he had no plan to offer by which the genuine complaints +of the people against the existing monetary system could be removed. +Free silver thus was allowed to stand before the people as the only +practical proposal for their relief, and upon this issue a conflict soon +began between Congress and the Administration. + +At a convention of the American Bankers' Association in September, 1885, +a New York bank president described the methods by which the Treasury +Department was restricting the operation of the Silver Coinage Act so +as to avoid a displacement of the gold standard. On February 3, 1886, +Chairman Bland of the House committee on coinage reported a resolution +reciting statements made in that address, and calling upon the Secretary +of the Treasury for a detailed account of his administration of the +Silver Coinage Act. Secretary Manning's reply was a long and weighty +argument against continuing the coinage of silver. He contended that +there was no hope of maintaining a fixed ratio between gold and silver +except by international concert of action, but "the step is one which +no European nation... will consent to take while the direct or +indirect substitution of European silver for United States gold seems a +possibility." While strong as to what not to do, his reply, like most of +the state papers of this period, was weak as to what to do and how to do +it. The outlook of the Secretary of the Treasury was so narrow that he +was led to remark that "a delusion has spread that the Government has +authority to fix the amount of the people's currency, and the power, +and the duty." The Government certainly has the power and the duty of +providing adequate currency supply through a sound banking system. The +instinct of the people on that point was sounder than the view of their +rulers. + +Secretary Manning's plea had so little effect that the House promptly +voted to suspend the rules in order to make a free coinage bill the +special order of business until it was disposed of. But the influence of +the Administration was strong enough to defeat the bill when it came +to a vote. Though for a time, the legislative advance of the silver +movement was successfully resisted, the Treasury Department was left in +a difficult situation, and the expedients to which it resorted to guard +the gold supply added to the troubles of the people in the matter of +obtaining currency. The quick way of getting gold from the Treasury was +to present legal tender notes for redemption. To keep this process in +check, legal tender notes were impounded as they came in, and silver +certificates were substituted in disbursements. But under the law of +1878, silver certificates could not be issued in denominations of less +than ten dollars. A scarcity of small notes resulted, which oppressed +retail trade until, in August, 1886, Congress authorized the issue of +silver certificates in one and two and five dollar bills. + +A more difficult problem was presented by the Treasury surplus which, by +old regulations savoring more of barbarism than of civilized polity, had +to be kept idle in the Treasury vaults. The only apparent means by which +the Secretary of the Treasury could return his surplus funds to the +channels of trade was by redeeming government bonds; but as these were +the basis of bank note issues, the effect of any such action was to +produce a sharp contraction in this class of currency. Between 1882 +and 1889, national bank notes declined in amount from $356,060,348 +to $199,779,011. In the same period, the issue of silver certificates +increased from $63,204,780 to $276,619,715, and the total amount +of currency of all sorts nominally increased from $1,188,752,363 to +$1,405,018,000; but of this, $375,947,715 was in gold coin which was +being hoarded, and national bank notes were almost equally scarce since +they were virtually government bonds in a liquid form. + +As the inefficiency of the monetary system came home to the people +in practical experience, it seemed as if they were being plagued and +inconvenienced in every possible way. The conditions were just such as +would spread disaffection among the farmers, and their discontent sought +an outlet. The growth of political agitation in the agricultural +class, accompanied by a thorough-going disapproval of existing party +leadership, gave rise to numerous new party movements. Delegates +from the Agricultural Wheel, the Corn-Planters, the Anti-Monopolists, +Farmers' Alliance, and Grangers, attended a convention in February, +1887, and joined the Knights of Labor and the Greenbackers to form the +United Labor party. In the country, at this time, there were numerous +other labor parties of local origin and composition, with trade +unionists predominating in some places and Socialists in others. +Very early, however, these parties showed a tendency to division that +indicated a clash of incompatible elements. Single taxers, greenbackers, +labor leaders, grangers, and socialists were agreed only in condemning +existing public policy. When they came to consider the question of what +new policy should be adopted, they immediately manifested irreconcilable +differences. In 1888, rival national conventions were held in +Cincinnati, one designating itself as the Union Labor party, the other +as the United Labor party. One made a schedule of particular demands; +the other insisted on the single tax as the consummation of their +purpose in seeking reform. Both put presidential tickets in the field, +but of the two, the Union Labor party made by far the better showing at +the polls though, even so, it polled fewer votes than did the National +Prohibition party. Although making no very considerable showing at the +polls, these new movements were very significant as evidences of popular +unrest. The fact that the heaviest vote of the Union Labor party was +polled in the agricultural States of Kansas, Missouri, and Texas, was a +portent of the sweep of the populist movement which virtually captured +the Democratic party organization during President Cleveland's second +term. + +The withdrawal of Blaine from the list of presidential candidates in +1888 left the Republican Convention at Chicago to choose from a score +of "favorite sons." Even his repeated statement that he would not accept +the nomination did not prevent his enthusiastic followers from hoping +that the convention might be "stampeded." But on the first ballot, +Blaine received only thirty-five votes while John Sherman led with 229. +It was anybody's race until the eighth ballot, when General Benjamin +Harrison, grandson of "Tippecanoe," suddenly forged ahead and received +the nomination. + +The defeat of the Democratic party at the polls in the presidential +election of 1888 was less emphatic than might have been expected from +its sorry record. Indeed, it is quite possible that an indiscretion in +which Lord Sackville-West, the British Ambassador, was caught may have +turned the scale. An adroitly worded letter was sent to him, purporting +to come from Charles Murchison, a California voter of English birth, +asking confidential advice which might enable the writer "to assure many +of our countrymen that they would do England a service by voting +for Cleveland and against the Republican system of tariff." With an +astonishing lack of astuteness, the British minister fell into the trap +and sent a reply which, while noncommittal on particulars, exhibited +friendly interest in the reelection of President Cleveland. This +correspondence, when published late in the campaign, caused the +Administration to demand his recall. A spirited statement of the case +was laid before the public by Thomas Francis Bayard, Secretary of State, +a few days before the election, but this was not enough to undo the harm +that had been done, and the Murchison letter takes rank with the Morey +letter attributed to General Garfield as specimens of the value of the +campaign lie as a weapon in American party politics. + +President Cleveland received a slight plurality in the total popular +vote; but by small pluralities Harrison carried the big States, thus +obtaining a heavy majority in the electoral vote. At the same time, +the Republicans obtained nearly as large a majority in the House as the +Democrats had had before. + + + +CHAPTER VIII. THE REPUBLICAN OPPORTUNITY + +The Republican party had the inestimable advantage in the year 1889 of +being able to act. It controlled the Senate which had become the seat +of legislative authority; it controlled the House; and it had placed its +candidate in the presidential chair. All branches of the Government +were now in party accord. The leaders in both Houses were able +men, experienced in the diplomacy which, far more than argument or +conviction, produces congressional action. Benjamin Harrison himself +had been a member of the ruling group of Senators, and as he was fully +imbued with their ideas as to the proper place of the President he was +careful to avoid interference with legislative procedure. Such was the +party harmony that an extensive program of legislation was put through +without serious difficulty, after obstruction had been overcome in the +House by an amendment of the rules. + +In the House of Representatives, the quorum is a majority of the whole +membership. This rule enabled the minority to stop business at any +time when the majority party was not present in sufficient strength to +maintain the quorum by its own vote. On several occasions, the Democrats +left the House nominally without a quorum by the subterfuge of refusing +to answer to their names on the roll call. Speaker Reed determined to +end this practice by counting as present any members actually in the +chamber. To the wrath of the minority, he assumed this authority while +a revision of the rules was pending. The absurdity of the Democratic +position was naively exposed when a member arose with a law book in his +hand and said, "I deny your right, Mr. Speaker, to count me as present, +and I desire to read from the parliamentary law on the subject." Speaker +Reed, with the nasal drawl that was his habit, replied, "The Chair is +making a statement of fact that the gentleman from Kentucky is present? +Does he deny it?" The rejoinder was so apposite that the House broke +into a roar of laughter, and the Speaker carried his point. + +Undoubtedly, Speaker Reed was violating all precedents. Facilities of +obstruction had been cherished by both parties, and nothing short of +Reed's earnestness and determination could have effected this salutary +reform. The fact has since been disclosed that he had made up his mind +to resign the Speakership and retire from public life had his party +failed to support him. For three days, the House was a bedlam, but the +Speaker bore himself throughout with unflinching courage and unruffled +composure. Eventually he had his way. New rules were adopted, and the +power to count a quorum was established.* When in later Congresses a +Democratic majority returned to the former practice, Reed gave them such +a dose of their own medicine that for weeks the House was unable to keep +a quorum. Finally, the House was forced to return to the "Reed rules" +which have since then been permanently retained. As a result of +congressional example, they have been generally adopted by American +legislative bodies, with a marked improvement in their capacity to do +business. + + + * The rule that "no dilatory motion shall be entertained by the +Speaker" was also adopted at this time. + + +With the facilities of action which they now possessed, the Republican +leaders had no difficulty in getting rid of the surplus in the Treasury. +Indeed, in this particular they could count on Democratic aid. The +main conduit which they used was an increase of pension expenditures. +President Harrison encouraged a spirit of broad liberality toward +veterans of the Civil War. During the campaign he said that it "was +no time to be weighing the claims of old soldiers with apothecary's +scales," and he put this principle of generous recognition into effect +by appointing as commissioner of pensions a robust partisan known as +"Corporal" Tanner. The report went abroad that on taking office he had +gleefully declared, "God help the surplus," and upon that maxim he acted +with unflinching vigor. It seemed, indeed, as if any claim could count +upon being allowed so long as it purported to come from an old soldier. +But Tanner's ambition was not satisfied with an indulgent consideration +of applications pending during his time; he reopened old cases, +rerated a large number of pensioners, and increased the amount of their +allowance. In some cases, large sums were granted as arrears due on the +basis of the new rate. A number of officers of the pension bureau +were thus favored, for a man might receive a pension on the score of +disability though still able to hold office and draw its salary and +emoluments. For example, the sum of $4300 in arrears was declared to +be due to a member of the United States Senate, Charles F. Manderson of +Nebraska. Finally, "Corporal" Tanner's extravagant management became +so intolerable to the Secretary of the Interior that he confronted +President Harrison with the choice of accepting his resignation or +dismissing Tanner. Tanner therefore had to go, and with him his system +of reratings. + +A pension bill for dependents, such as Cleveland had vetoed, now went +triumphantly through Congress.* It granted pensions of from six to +twelve dollars a month to all persons who had served for ninety days +in the Civil War and had thereby been incapacitated for manual labor to +such a degree as to be unable to support themselves. Pensions were +also granted to widows, minor children, and dependent parents. This law +brought in an enormous flood of claims in passing, upon which it was +the policy of the Pension Bureau to practice great indulgence. In one +instance, a pension was granted to a claimant who had enlisted but never +really served in the army as he had deserted soon after entering the +camp. He thereupon had been sentenced to hard labor for one year and +made to forfeit all pay and allowances. After the war, he had been +convicted of horse stealing and sent to the state penitentiary in +Wisconsin. While serving his term, he presented a pension claim +supported by forged testimony to the effect that he had been wounded in +the battle of Franklin. The fraud was discovered by a special examiner +of the pension office, and the claimant and some of his witnesses were +tried for perjury, convicted, and sent to the state penitentiary at +Joliet, Illinois. After serving his time there, he posed as a neglected +old soldier and succeeded in obtaining letters from sympathetic +Congressmen commending his case to the attention of the pension office, +but without avail until the Act of 1890 was passed. He then put in a +claim which was twice rejected by the pension office examiners, but +each time the decision was overruled, and in the end he was put upon the +pension roll. This case is only one of many made possible by lax methods +of investigating pension claims. Senator Gallinger of New Hampshire +eventually said of the effect of pension policy, as shaped by his own +party with his own aid: + +"If there was any soldier on the Union side during the Civil War who was +not a good soldier, who has not received a pension, I do not know who +he is. He can always find men of his own type, equally poor soldiers who +would swear that they knew he had been in a hospital at a certain time, +whether he was or not--the records did not state it, but they knew it +was so--and who would also swear that they knew he had received a shock +which affected his hearing during a certain battle, or that something +else had happened to him; and so all those pension claims, many of which +are worthless, have been allowed by the Government, because they were +'proved.'" + + + * June 27, 1890. + + +The increase in the expenditure for pensions, which rose from +$88,000,000 in 1889 to $159,000,000 in 1893, swept away much of the +surplus in the Treasury. Further inroads were made by the enactment of +the largest river and harbor appropriation bill in the history of the +country up to this time. Moreover, a new tariff bill was contrived in +such a way as to impose protective duties without producing so much +revenue that it would cause popular complaint about unnecessary +taxation. A large source of revenue was cut off by abolishing the +sugar duties and by substituting a system of bounties to encourage home +production. Upon this bill as a whole, Senator Cullom remarks in +his memoirs that "it was a high protective tariff, dictated by the +manufacturers of the country" who have "insisted upon higher duties than +they really ought to have." The bill was, indeed, made up wholly +with the view of protecting American manufactures from any foreign +competition in the home market. + +As passed by the House, not only did the bill ignore American commerce +with other countries but it left American consumers exposed to the +manipulation of prices on the part of other countries. Practically all +the products of tropical America, except tobacco, had been placed upon +the free list without any precaution lest the revenue thus surrendered +might not be appropriated by other countries by means of export taxes. +Blaine, who was once more Secretary of State, began a vigorous agitation +in favor of adding reciprocity provisions to the bill. When the Senate +showed a disposition to resent his interference, Blaine addressed to +Senator Frye of Maine a letter which was in effect an appeal to the +people, and which greatly stirred the farmers by its statement that +"there is not a section or a line in the entire bill that will open +the market for another bushel of wheat or another barrel of pork." The +effect was so marked that the Senate yielded, and the Tariff Bill, as +finally enacted, gave the President power to impose certain duties +on sugar, molasses, coffee, tea, and hides imported from any country +imposing on American goods duties, which, in the opinion of the +President, were "reciprocally unequal and unreasonable." This more +equitable result is to be ascribed wholly to Blaine's energetic and +capable leadership. + +Pending the passage of the Tariff Bill, the Senate had been wrestling +with the trust problem which was making a mockery of a favorite theory +of the Republicans. They had held that tariff protection benefited +the consumer by the stimulus which it gave to home production and by +ensuring a supply of articles on as cheap terms as American labor +could afford. There were, however, notorious facts showing that certain +corporations had taken advantage of the situation to impose high prices, +especially upon the American consumer. It was a campaign taunt that the +tariff held the people down while the trusts went through their +pockets, and to this charge the Republicans found it difficult to make a +satisfactory reply. + +The existence of such economic injustice was continually urged in +support of popular demands for the control of corporations by the +Government. Though the Republican leaders were much averse to providing +such control, they found inaction so dangerous that on January 14, 1890, +Senator John Sherman reported from the Finance Committee a vague but +peremptory statute to make trade competition compulsory. This was the +origin of the AntiTrust Law which has since gone by his name, although +the law actually passed was framed by the Senate judiciary committee. +The first section declared that "every contract, combination in the form +of trust or otherwise, or conspiracy, in restraint of trade or commerce +among the several States, or with foreign nations, is hereby declared to +be illegal." The law made no attempt to define the offenses it penalized +and created no machinery for enforcing its provisions, but it gave +jurisdiction over alleged violations to the courts--a favorite +congressional mode of getting rid of troublesome responsibilities. As a +result, the courts have been struggling with the application of the law +ever since, without being able to develop a clear or consistent rule +for discriminating between legal and illegal combinations in trade and +commerce. Even upon the financial question, the Republicans succeeded +in maintaining party harmony, notwithstanding a sharp conflict between +factions. William Windom, the Secretary of the Treasury, had prepared a +bill of the type known as a "straddle." It offered the advocates of free +coinage the right to send to the mint silver bullion in any quantity +and to receive in return the net market value of the bullion in treasury +notes redeemable in gold or silver coin at the option of the Government. +The monthly purchase of not less than $2,000,000 worth of bullion was, +however, no longer to be required by law. When the advocates of silver +insisted that the provision for bullion purchase was too vague, a +substitute was prepared which definitely required the Secretary of the +Treasury to purchase 4,500,000 ounces of silver bullion in one month. +The bill, as thus amended, was put through the House under special rule +by a strict party vote. But when the bill reached the Senate, the +former party agreement could no longer be maintained, and the Republican +leaders lost control of the situation. The free silver Republicans +combined with most of the Democrats to substitute a free coinage bill, +which passed the Senate by forty-three yeas to twenty-four nays, all the +negative votes save three coming from the Republican side. + +It took all the influence the party leaders could exert to prevent a +silver stampede in the House when the Senate substitute bill was brought +forward; but by dexterous management, a vote of non-concurrence was +passed and a committee of conference was appointed. The Republican +leaders now found themselves in a situation in which presidential +non-interference ceased to be desirable, but president Harrison could +not be stirred to action. He would not even state his views. As Senator +Sherman remarked in his "Recollections," "The situation at that time was +critical. A large majority of the Senate favored free silver, and it was +feared that the small majority against it in the other House might yield +and agree to it. The silence of the President on the matter gave rise to +an apprehension that if a free coinage bill should pass both Houses, he +would not feel at liberty to veto it." + +In this emergency, the Republican leaders appealed to their free silver +party associates to be content with compelling the Treasury to purchase +4,500,000 ounces of silver per month, which it was wrongly calculated +would cover the entire output of American mines. The force of party +discipline eventually prevailed, and the Republican party got together +on this compromise. The bill was adopted in both Houses by a strict +party vote, with the Democrats solidly opposed, and was finally enacted +on July 14, 1890. + +Thus by relying upon political tactics, the managers of the Republican +party were able to reconcile conflicting interests, maintain party +harmony, and present a record of achievement which they hoped to make +available in the fall elections. But while they had placated the party +factions, they had done nothing to satisfy the people as a whole or to +redress their grievances. The slowness of congressional procedure +in matters of legislative reform allowed the amplest opportunity to +unscrupulous business men to engage, in the meantime, in profiteering at +the public expense. They were able to lay in stocks of goods at the +old rates so that an increase of customs rates, for example, became +an enormous tax upon consumers without a corresponding gain to the +Treasury; for the yield was largely intercepted on private accounts by +an advance in prices. The Tariff Bill, which William McKinley reported +on April 16, 1890, became law only on the 1st of October, so there were +over five months during which profiteers could stock at old rates +for sales at the new rates and thus reap a rich harvest. The public, +however, was infuriated, and popular sentiment was so stirred by the +methods of retail trade that the politicians were both angered and +dismayed. Whenever purchasers complained of an increase of price, they +received the apparently plausible explanation, "Oh, the McKinley Bill +did it." To silence this popular discontent, the customary arts and +cajoleries of the politicians proved for once quite ineffectual. + +At the next election, the Republicans carried only eighty-eight seats in +the House out of 332--the most crushing defeat they had yet sustained. +By their new lease of power in the House, however, the Democratic +party could not accomplish any legislation, as the Republicans still +controlled the Senate. The Democratic leaders, therefore, adopted the +policy of passing a series of bills attacking the tariff at what were +supposed to be particularly vulnerable points. These measures, the +Republicans derided as "pop-gun bills," and in the Senate they turned +them over to the committee on finance for burial. Both parties were rent +by the silver issue, but it was noticeable that in the House which was +closest to the people the opposition to the silver movement was stronger +and more effective than in the Senate. + +Notwithstanding the popular revolt against the Republican policy which +was disclosed by the fall elections of 1890, President Harrison's annual +message of December 9, 1891, was marked by extreme complacency. Great +things, he assured the people, were being accomplished under his +administration. The results of the McKinley Bill "have disappointed +the evil prophecies of its opponents and in large measure realized the +hopeful predictions of its friends." Rarely had the country been so +prosperous. The foreign commerce of the United States had reached the +largest total in the history of the country. The prophecies made by the +antisilver men regarding disasters to result from the Silver Bullion +Purchase Act, had not been realized. The President remarked "that the +increased volume of currency thus supplied for the use of the people was +needed and that beneficial results upon trade and prices have followed +this legislation I think must be clear to every one." He held that the +free coinage of silver would be disastrous, as it would contract the +currency by the withdrawal of gold, whereas "the business of the world +requires the use of both metals." While "the producers of silver +are entitled to just consideration," it should be remembered that +"bimetallism is the desired end, and the true friends of silver will be +careful not to overrun the goal." In conclusion, the President expressed +his great joy over "many evidences of the increased unification of the +people and of the revived national spirit. The vista that now opens to +us is wider and more glorious than before. Gratification and amazement +struggle for supremacy as we contemplate the population, wealth, and +moral strength of our country." + +Though the course of events has yet to be fully explained, President +Harrison's dull pomposity may have been the underlying reason of the +aversion which Blaine now began to manifest. Although on Harrison's side +and against Blaine, Senator Cullom remarks in his memoirs that Harrison +had "a very cold, distant temperament," and that "he was probably the +most unsatisfactory President we ever had in the White House to those +who must necessarily come into personal contact with him." Cullom is +of the opinion that "jealousy was probably at the bottom of their +disaffection," but it appears to be certain that at this time Blaine had +renounced all ambition to be President and energetically discouraged any +movement in favor of his candidacy. On February 6, 1892, he wrote to +the chairman of the Republican National Committee that he was not +a candidate and that his name would not go before the convention. +President Harrison went ahead with his arrangements for renomination, +with no sign of opposition from Blaine. Then suddenly, on the eve of +the convention, something happened--exactly what has yet to be +discovered--which caused Blaine to resign the office of Secretary of +State. It soon became known that Blaine's name would be presented, +although he had not announced himself as a candidate. Blaine's health +was then broken, and it was impossible that he could have imagined that +his action would defeat Harrison. It could not have been meant for more +than a protest. Harrison was renominated on the first ballot with Blaine +a poor second in the poll. + +In the Democratic convention, Cleveland, too, was renominated on the +first ballot, in the face of a bitter and outspoken opposition. The +solid vote of his own State, New York, was polled against him under the +unit rule, and went in favor of David B. Hill. But even with this large +block of votes to stand upon, Hill was able to get only 113 votes in +all, while Cleveland received 616. Genuine acceptance of his leadership, +however, did not at all correspond with this vote. Cleveland had come +out squarely against free silver, and at least eight of the Democratic +state conventions--in Colorado, Florida, Georgia, Idaho, Kansas, Nevada, +South Carolina, and Texas--came out just as definitely in favor of +free silver. But even delegates who were opposed to Cleveland, and who +listened with glee to excoriating speeches against him forthwith, voted +for him as the candidate of greatest popular strength. They then solaced +their feelings by nominating a free silver man for Vice-President, who +was made the more acceptable by his opposition to civil service reform. +The ticket thus straddled the main issue; and the platform was +similarly ambiguous. It denounced the Silver Purchase Act as "a cowardly +makeshift" which should be repealed, and it declared in favor of "the +coinage of both gold and silver without discrimination," with the +provision that "the dollar unit of coinage of both metals must be of +equal intrinsic and exchangeable value." The Prohibition party in that +year came out for the "free and unlimited coinage of silver and gold." A +more significant sign of the times was the organization of the "People's +party," which held its first convention and nominated the old Greenback +leader, James B. Weaver of Iowa, on a free silver platform. + +The campaign was accompanied by labor disturbances of unusual extent +and violence. Shortly after the meeting of the national conventions, a +contest began between the powerful Amalgamated Association of Steel +and Iron Workers, the strongest of the trade-unions, and the Carnegie +Company over a new wage scale introduced in the Homestead mills. The +strike began on June 29, 1892, and local authority at once succumbed +to the strikers. In anticipation of this eventuality, the company had +arranged to have three hundred Pinkerton men act as guards. They arrived +in Pittsburgh during the night of the 5th of July and embarked on barges +which were towed up the river to Homestead. As they approached, the +strikers turned out to meet them, and an engagement ensued in which men +were killed or wounded on both sides and the Pinkerton men were defeated +and driven away. For a short time, the strikers were in complete +possession of the town and of the company's property. They preserved +order fairly well but kept a strict watch that no strike breakers should +approach or attempt to resume work. The government of Pennsylvania was, +for a time, completely superseded in that region by the power of the +Amalgamated Association, until a large force of troops entered Homestead +on the 12th of July and remained in possession of the place for several +months. The contest between the strikers and the company caused great +excitement throughout the country, and a foreign anarchist from New +York attempted to assassinate Mr. Frick, the managing director of the +company. Though this strike was caused by narrow differences concerning +only the most highly paid classes of workers, it continued for some +months and then ended in the complete defeat of the union. + +On the same day that the militia arrived at Homestead, a more bloody and +destructive conflict occurred in the Coeur d'Alene district of Idaho, +where the workers in the silver mines were on strike. Nonunion men were +imported and put into some of the mines. The strikers, armed with rifles +and dynamite, thereupon attacked the nonunion men and drove them +off, but many lives were lost in the struggle and much property was +destroyed. The strikers proved too strong for any force which state +authority could muster, but upon the call of the Governor, President +Harrison ordered federal troops to the scene and under martial law order +was soon restored. + +Further evidence of popular unrest was given in August by a strike of +the switchmen in the Buffalo railway yards, which paralyzed traffic +until several thousand state troops were put on guard. About the same +time, there were outbreaks in the Tennessee coal districts in protest +against the employment of convict labor in the mines. Bands of strikers +seized the mines, and in some places turned loose the convicts and +in other places escorted them back to prison. As a result of this +disturbance, during 1892 state troops were permanently stationed in the +mining districts, and eventually the convicts were put back at labor in +the mines. + +Such occurrences infused bitterness into the campaign of 1892 and +strongly affected the election returns. Weaver carried Colorado, Idaho, +Kansas, and Nevada, and he got one electoral vote in Oregon and in +North Dakota; but even if these twenty-two electoral votes had gone to +Harrison, he would still have been far behind Cleveland, who received +277 electoral votes out of a total of 444. Harrison ran only about +381,000 behind Cleveland in the popular vote, but in four States, the +Democrats had nominated no electors and their votes had contributed to +the poll of over a million for Weaver. The Democratic victory was so +sweeping that it gained the Senate as well as the House, and now for the +first time a Democratic President was in accord with both branches of +Congress. It was soon to appear, however, that this party accord was +merely nominal. + + + +CHAPTER IX. THE FREE SILVER REVOLT + +The avenging consequences of the Silver Purchase Act moved so rapidly +that when John Griffin Carlisle took office as Secretary of the Treasury +in 1893, the gold reserve had fallen to $100,982,410--only $982,410 +above the limit indicated by the Act of 1882--and the public credit was +shaken by the fact that it was an open question whether the government +obligation to pay a dollar was worth so much or only one half so much. +The latter interpretation, indeed, seemed impending. The new Secretary's +first step was to adopt the makeshift expedient of his predecessors. He +appealed to the banks for gold and backed up by patriotic exhortation +from the press, he did obtain almost twenty-five millions in gold in +exchange for notes. But as even more notes drawing out the gold +were presented for redemption, the Secretary's efforts were no more +successful than carrying water in a sieve. + +Of the notes presented for redemption during March and April, nearly +one-half were treasury notes of 1890, which by law the Secretary might +redeem "in gold or silver coin at his discretion." The public was now +alarmed by a rumor that Secretary Carlisle, who while in Congress had +voted for free silver, would resort to silver payments on this class of +notes, and regarded his statements as being noncommittal on the point. +Popular alarm was, to some extent, dispelled by a statement from +President Cleveland, on the 23rd of April, declaring flatly and +unmistakably that redemption in gold would be maintained. But the +financial situation throughout the country was such that nothing could +stave off the impending panic. Failures were increasing in number, some +large firms broke under the strain, and the final stroke came on the 5th +of May when the National Cordage Company went into bankruptcy. As often +happens in the history of panics, the event was trivial in comparison +with the consequences. This company was of a type that is the reproach +of American jurisprudence--the marauding corporation. In the very month +in which it failed, it declared a large cash dividend. Its stock, which +had sold at 147 in January, fell in May to below ten dollars a share. +Though the Philadelphia and Reading Railway Company, which failed +in February, had a capital of $40,000,000 and a debt of more than +$125,000,000, the market did not break completely under that strain. The +National Cordage had a capital of $20,000,000 and liabilities of only +$10,000,000, but its collapse brought down with it the whole structure +of credit. A general movement of liquidation set in, which throughout +the West was so violent as to threaten general bankruptcy. Nearly all +of the national bank failures were in the West and South, and still more +extensive was the wreck of state banks and private banks. It had been +the practice of country banks, while firmly maintaining local rates, to +keep the bulk of their resources on deposit with city banks at two +per cent. This practice now proved to be a fatal entanglement to many +institutions. There were instances in which country banks were forced +to suspend, though cash resources were actually on the way to them from +depository centers.* + + + * Out of 158 national bank failures during the year, 153 were in +the West and South. In addition there went down 172 state banks, 177 +private banks, 47 savings banks, 13 loan and trust companies, and 6 +mortgage companies. + +Even worse than the effect of these numerous failures on the business +situation was the derangement which occurred in the currency supply. The +circulating medium was almost wholly composed of bank notes, treasury +notes, and treasury certificates issued against gold and silver in the +Treasury, coin being little in use except as fractional currency. Bank +notes were essentially treasury certificates issued upon deposits of +government bonds. In effect, the circulating medium was composed of +government securities reduced to handy bits. Usually, a bank panic tends +to bring note issues into rapid circulation for what they will fetch, +but in this new situation, people preferred to impound the notes, which +they knew to be good whatever happened so long as the Government +held out. Private hoarding became so general that currency tended to +disappear. Between September 30, 1892 and October 31, 1893, the amount +of deposits in the national banks shrank over $496,000,000. Trade was +reduced to making use of the methods of primitive barter, though the +emergency was met to some extent by the use of checks and clearinghouse +certificates. In many New England manufacturing towns, for example, +checks for use in trade were drawn in denominations from one dollar +up to twenty. In some cases, corporations paid off their employees in +checks drawn on their own treasurers which served as local currency. In +some Southern cities, clearing-house certificates in small denominations +were issued for general circulation--in Birmingham, Alabama, for sums as +small as twenty-five cents. It is worth noting that a premium was +paid as readily for notes as for gold; indeed, the New York "Financial +Chronicle" reported that the premium on currency was from two to three +per cent, while the premium on gold was only one and one half per cent. +Before the panic had ended, the extraordinary spectacle was presented of +gold coins serving as a medium of trade because treasury notes and bank +notes were still hoarded. These peculiarities of the situation had a +deep effect upon the popular attitude towards the measures recommended +by the Administration. + +While this devastating panic was raging over all the country, President +Cleveland was beset by troubles that were both public and personal. He +was under heavy pressure from the office seekers. They came singly or in +groups and under the escort of Congressmen, some of whom performed such +service several times a day. The situation became so intolerable that +on the 8th of May President Cleveland issued an executive order setting +forth that "a due regard for public duty, which must be neglected if +present conditions continue, and an observance of the limitations placed +upon human endurance, oblige me to decline, from and after this date, +all personal interviews with those seeking office." + +According to the Washington papers, this sensible decision was received +with a tremendous outburst of indignation. The President was denounced +for shutting his doors upon the people who had elected him, and he was +especially severely criticized for the closing sentence of his order +stating that "applicants for office will only prejudice their prospects +by repeated importunity and by remaining at Washington to await +results." This order was branded as an arbitrary exercise of power +compelling free American citizens to choose exile or punishment, and +was featured in the newspapers all over the country. The hubbub became +sufficient to extract from Cleveland's private secretary an explanatory +statement pointing out that in the President's day a regular allotment +of time was made for congressional and business callers other than the +office seekers, for whom a personal interview was of no value since the +details of their cases could not be remembered. "What was said in behalf +of one man was driven out of mind by the remarks of the next man in +line," whereas testimonials sent through the mails went on file and +received due consideration. "So many hours a day having been given up +to the reception of visitors, it has been necessary, in order to keep up +with the current work, for the President to keep at his desk from early +in the morning into the small hours of the next morning. Now that may +do for a week or for a month, but there is a limit to human physical +endurance, and it has about been reached." + +Such were the distracting conditions under which President Cleveland had +to deal with the tremendous difficulties of national import which beset +him. There were allusions in his inaugural address which showed how +keenly he felt the weight of his many responsibilities, and there is a +touch of pathos in his remark that he took "much comfort in remembering +that my countrymen are just and generous, and in the assurance that they +will not condemn those who by sincere devotion to their service deserve +their forbearance and approval." This hope of Cleveland's was eventually +justified, but not until after his public career had ended; meanwhile +he had to undergo a storm of censure so blasting that it was more like +a volcanic rain of fire and lava than any ordinary tempest, however +violent. + +On the 30th of June, President Cleveland called an extra session of +Congress for the 7th of August "to the end that the people may be +relieved through legislation from present and impending danger and +distress." In recent years, the fact has come to light that his health +was at that time in a condition so precarious that it would have caused +wild excitement had the truth become known, for only his life stood in +the way of a free silver President. On the same day on which he issued +his call for the extra session, President Cleveland left for New York +ostensibly for a yachting trip, but while the yacht was steaming slowly +up the East River, he was in the hands of surgeons who removed the +entire left upper jaw. On the 5th of July they performed another +operation in the same region for the removal of any tissues which +might possibly have been infected. These operations were so completely +successful that the President was fitted with an artificial jaw of +vulcanized rubber which enabled him to speak without any impairment of +the strength and clearness of his voice.* Immediately after this severe +trial, which he bore with calm fortitude, Cleveland had to battle with +the raging silver faction, strong in its legislative position through +its control of the Senate. + + + * For details, see New York "Times," Sept. 21, 1917. + + +When Congress met, the only legislation which the President had to +propose was the repeal of the Silver Purchase Act, although he remarked +that "tariff reform has lost nothing of its immediate and permanent +importance and must in the near future engage the attention +of Congress." It was a natural inference, therefore, that the +Administration had no financial policy beyond putting a stop to treasury +purchases of silver, and there was a vehement outcry against an action +which seemed to strike against the only visible source of additional +currency. President Cleveland was even denounced as a tool of Wall +Street, and the panic was declared to be the result of a plot of British +and American bankers against silver. + +Nevertheless, on the 28th of August, the House passed a repeal bill by a +vote of 240 to 110. There was a long and violent struggle in the +Senate, where such representative anomalies existed that Nevada with +a population of 45,761 had the same voting power as New York with +5,997,853. Hence, at first, it looked as if the passage of a repeal bill +might be impossible. Finally, the habit of compromise prevailed and a +majority agreement was reached postponing the date of repeal for twelve +or eighteen months during which the treasury stock of silver bullion +was to be turned into coin. Cleveland made it known that he would not +consent to such an arrangement, and the issue was thereafter narrowed +to that of unconditional repeal of the Silver Purchase Act. The Senators +from the silver-mining States carried on an obstinate filibuster and +refused to allow the question to come to a vote, until their arrogance +was gradually toned down by the discovery that the liberty to dump +silver on the Treasury had become a precarious mining asset. The law +provided for the purchase of 4,500,000 ounces a month, "or, so much +thereof as may be offered at the market price." Secretary Carlisle found +that offers were frequently higher in price than New York and London +quotations, and by rejecting them he made a considerable reduction in +the amount purchased. Moreover, the silver ranks began to divide on the +question of policy. The Democratic silver Senators wished to enlarge the +circulating medium by increasing the amount of coinage, and they did not +feel the same interest in the mere stacking of bullion in the Treasury +that possessed the mining camp Senators on the Republican side. +When these two elements separated on the question of policy, the +representatives of the mining interests recognized the hopelessness of +preventing a vote upon the proposed repeal of the silver purchase act. +On the 30th of October, the Senate passed the repeal with no essential +difference from the House bill, and the bill became law on November 1, +1893. + +But although the repeal bill stopped the silver drain upon the Treasury, +it did not relieve the empty condition to which the Treasury had +been reduced. It was manifest that, if the gold standard was to be +maintained, the Treasury stock of gold would have to be replenished. The +Specie Resumption Act of 1875 authorized the sale of bonds "to prepare +and provide for" redemption of notes in coin, but the only classes of +bonds which it authorized were those at four per cent payable after +thirty years, four and a half per cent payable after fifteen years, and +five per cent payable after ten years from date. For many years, the +Government had been able to borrow at lower rates but had in vain +besought Congress to grant the necessary authority. The Government now +appealed once more to Congress for authority to issue bonds at a lower +rate of interest. Carlisle, the Secretary of the Treasury, addressed +a letter to the Senate committee of finance, setting forth the +great saving that would be thus effected. Then ensued what must be +acknowledged to be a breakdown in constitutional government. Immediately +after a committee meeting on January 16, 1894, the Chairman, Senator +Voorhees, issued a public statement in which he said that "it would +be trifling with a very grave affair to pretend that new legislation +concerning the issue of bonds can be accomplished at this time, and +in the midst of present elements and parties in public life, with +elaborate, extensive, and practically indefinite debate." Therefore, +he held that "it will be wiser, safer and better for the financial +and business interests of the country to rely upon existing law." This +plainly amounted to a public confession that Congress was so organized +as to be incapable of providing for the public welfare. + +Carlisle decided to sell the ten-year class of bonds, compensating for +their high interest rate by exacting such a premium as would reduce +to three per cent the actual yield to holders. On January 17, 1894, +he offered bonds to the amount of fifty millions, but bids came in so +slowly that he found it necessary to visit New York to make a personal +appeal to a number of leading bankers to exert themselves to prevent the +failure of the sale. As a result of these efforts, the entire issue +was sold at a premium of $8,660,917, and the treasury stock of gold was +brought up to $107,440,802. + +Then followed what is probably the most curious chapter in the financial +history of modern times. Only gold was accepted by the Treasury in +payment of bonds; but gold could be obtained by offering treasury notes +for redemption. The Act of 1878 expressly provided that, when redeemed, +these notes "shall not be retired, canceled, or destroyed, but they +shall be reissued and paid out again and kept in circulation." The +Government, as President Cleveland pointed out, was "forced to redeem +without redemption and pay without acquittance." These conditions set up +against the Treasury an endless chain by which note redemptions drained +out the gold as fast as bond sales poured it in. In a message to +Congress on January 28, 1895, President Cleveland pointed out that the +Treasury had redeemed more than $300,000,000 of its notes in gold, +and yet these notes were all still outstanding. Appeals to Congress to +remedy the situation proved absolutely fruitless, and the only choice +left to the President was to continue pumping operations or abandon the +gold standard, as the silver faction in Congress desired. By February +8, 1895, the stock of gold in the Treasury was down to $41,340,181. The +Administration met this sharp emergency by a contract with a New York +banking syndicate which agreed to deliver 3,500,000 ounces of standard +gold coin, at least one half to be obtained in Europe. The syndicate +was, moreover, to "exert all financial influence and make all legitimate +efforts to protect the Treasury of the United States against the +withdrawals of gold pending the complete performance of the contract." + +The replenishing of the Treasury by this contract was, however, only +a temporary relief. By January 6, 1896, the gold reserve was down to +$61,251,710. The Treasury now offered $100,000,000 of the four per +cent bonds for sale and put forth special efforts to make subscription +popular. Blanks for bids were displayed in all post-offices, a circular +letter was sent to all national banks, the movement was featured in the +newspapers, and the result was that 4635 bids were received coming from +forty-seven States and Territories, and amounting to $526,970,000. +This great oversubscription powerfully upheld the public credit +and, thereafter, the position of the Treasury remained secure; but +altogether, $262,000,000 in bonds had been sold to maintain its +solvency. + +Consideration of the management of American foreign relations during +this period does not enter into the scope of this book, but the fact +should be noted that the anxieties of public finance were aggravated by +the menace of war.* In the boundary dispute between British Guiana +and Venezuela, President Cleveland proposed arbitration, but this was +refused by the British Government. President Cleveland, whose foreign +policy was always vigorous and decisive, then sent a message to Congress +on December 17, 1895, describing the British position as an infringement +of the Monroe Doctrine and recommending that a commission should be +appointed by the United States to conduct an independent inquiry to +determine the boundary line in dispute. He significantly remarked that +"in making these recommendations I am fully alive to the responsibility +incurred and keenly realize all the consequences that may follow." The +possibility of conflict, thus hinted, was averted when Great Britain +agreed to arbitration, but meanwhile, American securities in great +numbers were thrown upon the market through sales of European account +and added to the financial strain. + + + * See "The Path of Empire," by Carl Russell Fish (in "The +Chronicles of America"). + + +The invincible determination which President Cleveland showed in this +memorable struggle to maintain the gold standard will always remain his +securest title to renown, but the admiration due to his constancy of +soul cannot be extended to his handling of the financial problem. It +appears, from his own account, that he was not well advised as to the +extent and nature of his financial resources. He did not know until +February 7, 1895, when Mr. J. P. Morgan called his attention to the +fact, that among the general powers of the Secretary of the Treasury is +the provision that he "may purchase coin with any of the bonds or notes +of the United States authorized by law, at such rates and upon such +terms as he may deem most advantageous to the public interest." The +President was urged to proceed under this law to buy $100,000,000 in +gold at a fixed price, paying for it in bonds. This advice Cleveland did +not accept at the time, but in later years he said that it was "a wise +suggestion," and that he had "always regretted that it was not adopted." + +But apart from any particular error in the management of the Treasury, +the general policy of the Administration was much below the requirements +of the situation. The panic came to an end in the fall of 1893, much as +a great conflagration expires through having reached all the material on +which it can feed, but leaving a scene of desolation behind it. Thirteen +commercial houses out of every thousand doing business had failed. +Within two years, nearly one fourth of the total railway capitalization +of the country had gone into bankruptcy, involving an exposure of +falsified accounts sufficient to shatter public confidence in the +methods of corporations. Industrial stagnation and unemployment were +prevalent throughout the land. Meanwhile, the congressional situation +was plainly such that only a great uprising of public opinion could +break the hold of the silver faction. The standing committee system, +which controls the gateways of legislation, is made up on a system of +party apportionment whose effect is to give an insurgent faction of the +majority the balance of power, and this opportunity for mischief was +unsparingly used by the silver faction. + +Such a situation could not be successfully encountered save by a policy +aimed distinctly at accomplishing a redress of popular grievances. But +such a policy, President Cleveland failed to conceive. In his inaugural +address, he indicated in a general way the policy pursued throughout +his term when he said, "I shall to the best of my ability and within +my sphere of duty preserve the Constitution by loyally protecting every +grant of Federal power it contains, by defending all its restraints +when attacked by impatience and restlessness, and by enforcing its +limitations and reservations in favor of the states and the people." +This statement sets forth a low view of governmental function and +practically limits its sphere to the office of the policeman, whose +chief concern is to suppress disorder. Statesmanship should go deeper +and should labor in a constructive way to remove causes of disorder. + +An examination of President Cleveland's state papers show that his +first concern was always to relieve the Government from its financial +embarrassments; whereas the first concern of the people was naturally +and properly to find relief from their own embarrassments. In the +last analysis, the people were not made for the convenience of the +Government, but the Government was made for the convenience of the +people, and this truth was not sufficiently recognized in the policy +of Cleveland's administration. His guiding principle was stated, in the +annual message, December 3, 1894, as follows: "The absolute divorcement +of the Government from the business of banking is the ideal relationship +of the Government to the circulation of the currency of the country." +That ideal, however, is unattainable in any civilized country. The only +great state in which it has ever been actually adopted is China, and the +results were not such as to commend the system. The policy which yields +the greatest practical benefits is that which makes it the duty of the +Government to supervise and regulate the business of banking and to +attend to currency supply; and the currency troubles of the American +people were not removed until eventually their Government accepted and +acted upon this view. + +Not until his message of December 3, 1894, did President Cleveland make +any recommendation going to the root of the trouble, which was, after +all, the need of adequate provision for the currency supply. In that +message, he sketched a plan devised by Secretary Carlisle, allowing +national banks to issue notes up to seventy-five per cent of their +actual capital and providing also, under certain conditions, for the +issue of circulating notes by state banks without taxation. This plan, +he said, "furnishes a basis for a very great improvement in our present +banking and currency system." But in his subsequent messages, he kept +urging that "the day of sensible and sound financial methods will not +dawn upon us until our Government abandons the banking business." To +effect this aim, he urged that all treasury notes should be "withdrawn +from circulation and canceled," and he declared that he was "of opinion +that we have placed too much stress upon the danger of contracting +the currency." Such proposals addressed to a people agonized by actual +scarcity of currency were utterly impracticable, nor from any point of +view can they be pronounced to have been sound in the circumstances then +existing. Until the banking system was reformed, there was real danger +of contracting the currency by a withdrawal of treasury notes. President +Cleveland was making a mistake to which reformers are prone; he was +taking the second step before he had taken the first. The realization +on the part of others that his efforts were misdirected not only made +it impossible for him to obtain any financial legislation but actually +fortified the position of the free silver advocates by allowing them the +advantage of being the only political party with any positive plans +for the redress of popular grievances. Experts became convinced that +statesmen at Washington were as incompetent to deal with the banking +problems as they had been in dealing with reconstruction problems and +that, in like manner, the regulation of banking had better be abandoned +to the States. A leading organ of the business world pointed out that +some of the state systems of note issue had been better than the system +of issuing notes through national banks which had been substituted in +1862; and it urged that the gains would exceed all disadvantages if +state banks were again allowed to act as sources of currency supply by +a repeal of the government tax of ten per cent on their circulation. +But nothing came of this suggestion, which was, indeed, a counsel +of despair. It took many years of struggle and more experiences of +financial panic and industrial distress to produce a genuine reform in +the system of currency supply. + +President Cleveland's messages suggest that he made up his mind to do +what he conceived to be his own duty regardless of consequences, whereas +an alert consideration of possible consequences is an integral part of +the duties of statesmanship. He persevered in his pension vetoes without +making any movement towards a change of system, and the only permanent +effect of his crusade was an alteration of procedure on the part of +Congress in order to evade the veto power. Individual pension bills are +still introduced by the thousand at every session of Congress, but since +President Cleveland's time all those approved have been included in one +omnibus bill, known as a "pork barrel bill," which thus collects enough +votes from all quarters to ensure passage. + +President Cleveland found another topic for energetic remonstrance in +a system of privilege that had been built up at the expense of the +post-office department. Printed matter in the form of books was charged +eight cents a pound, but in periodical form only one cent a pound. This +discrimination against books has had marked effect upon the quality of +American literature, lowering its tone and encouraging the publication +of many cheap magazines. President Cleveland gave impressive statistics +showing the loss to the Government in transporting periodical +publications, "including trashy and even harmful literature." Letter +mails weighing 65,337,343 pounds yielded a revenue of $60,624,464. +Periodical publications weighing 348,988,648 pounds yielded a revenue of +$2,996,403. Cleveland's agitation of the subject under conditions then +existing could not, however, have any practical effect save to affront +an influential interest abundantly able to increase the President's +difficulties by abuse and misrepresentation. + + + +CHAPTER X. LAW AND ORDER UPHELD + +While President Cleveland was struggling with the difficult situation +in the Treasury, popular unrest was increasing in violence. Certain +startling political developments now gave fresh incitement to the +insurgent temper which was spreading among the masses. The relief +measure at the forefront of President Cleveland's policy was tariff +reform, and upon this the legislative influence of the Administration +was concentrated as soon as the repeal of the Silver Purchase Act had +been accomplished. + +The House leader in tariff legislation at that time was a man of +exceptionally high character and ability. William L. Wilson was +President of the University of West Virginia when he was elected to +Congress in 1882, and he had subsequently retained his seat more by the +personal respect he inspired than through the normal strength of his +party in his district. The ordinary rule of seniority was by consent set +aside to make him chairman of the Ways and Means Committee. He aimed +to produce a measure which would treat existing interests with some +consideration for their needs. In the opinion of F. W. Taussig, an +expert economist, the bill as passed by the House on February 1, +1894, "was simply a moderation of the protective duties" with the one +exception of the removal of the duty on wool. Ever since 1887, it had +been a settled Democratic policy to put wool on the free list, in order +to give American manufacturers the same advantage in the way of raw +material which those of every other country enjoyed, even in quarters +where a protective tariff was stiffly applied. + +The scenes that now ensued in the Senate showed that arbitrary rule +may be readily exercised under the forms of popular government. Senator +Matthew S. Quay of Pennsylvania, a genial, scholarly cynic who +sought his ends by any available means and who disdained hypocritical +pretenses, made it known that he was in a position to block all +legislation unless his demands were conceded. He prepared an everlasting +speech, which he proceeded to deliver by installments in an effort to +consume the time of the Senate until it would become necessary to yield +to him in order to proceed with the consideration of the bill. His +method was to read matter to the Senate until he was tired and then +to have some friend act for him while he rested. According to the +"Washington Star," Senator Gallinger was "his favorite helper in this, +for he has a good round voice that never tires, and he likes to read +aloud." The thousands of pages of material which Senator Quay had +collected for use, and the apparently inexhaustible stores upon which +he was drawing, were the subject of numerous descriptive articles in +the newspapers of the day. Senator Quay's tactics were so successful, +indeed, that he received numerous congratulatory telegrams from those +whose interests he was championing. They had been defeated at the polls +in their attempt to control legislation, and defeated in the House of +Representatives, but now they were victorious in the Senate. + +The methods of Senator Quay were tried by other Senators on both sides, +though they were less frank in their avowal. After the struggle was +over, Senator Vest of Missouri, who had been in charge of the bill, +declared: + +"I have not an enemy in the world whom I would place in the position +that I have occupied as a member of the Finance Committee under the +rules of the Senate. I would put no man where I have been, to be +blackmailed and driven in order to pass a bill that I believe is +necessary to the welfare of the country, by Senators who desired to +force amendments upon me against my better judgment and compel me to +decide the question whether I will take any bill at all or a bill which +had been distorted by their views and objects. Sir, the Senate 'lags +superfluous on the stage' today with the American people, because in an +age of progress, advance, and aggressive reform, we sit here day after +day and week after week, while copies of the census reports, almanacs, +and even novels are read to us, and under our rules there is no help for +the majority except to listen or leave the chamber." + +The passage of the bill in anything like the form in which it reached +the Senate was plainly impossible without a radical change in the rules, +and on neither side of the chamber was there any real desire for an +amendment of procedure. A number of the Democratic Senators who believed +that it was desirable to keep on good terms with business interests +were, in reality, opposed to the House bill. Their efforts to control +the situation were favored by the habitual disposition of the Senate, +when dealing with business interests, to decide questions by private +conference and personal agreements, while maintaining a surface show of +party controversy. Hence, Senator Gorman of Maryland was able to +make arrangements for the passage of what became known as the Gorman +Compromise Bill, which radically altered the character of the original +measure by the adoption of 634 amendments. It passed the Senate on the +3rd of July by a vote of thirty-nine to thirty-four. + +The next step was the appointment of a committee of conference between +the two Houses, but the members for the House showed an unusual +determination to resist the will of the Senate, and on the 19th of July, +the conferees reported that they had failed to reach an agreement. When +President Cleveland permitted the publication of a letter which he had +written to Chairman Wilson condemning the Senate bill, the fact was +disclosed that the influence of the Administration had been used to +stiffen the opposition of the House. Senator Gorman and other Democratic +Senators made sharp replies, and the party quarrel became so bitter that +it was soon evident that no sort of tariff bill could pass the Senate. + +The House leaders now reaped a great advantage from the Reed rules +to the adoption of which they had been so bitterly opposed. Availing +themselves of the effective means of crushing obstruction provided by +the powers of the Rules Committee, in one day they passed the Tariff +Bill as amended by the Senate, which eventually became law, and then +passed separate bills putting on the free list coal, barbed wire, and +sugar. These bills had no effect other than to put on record the opinion +of the House, as they were of course subsequently held up in the Senate. +This unwonted insubordination on the part of the House excited much +angry comment from dissatisfied Senators. President Cleveland was +accused of unconstitutional interference in the proceedings of Congress; +and the House was blamed for submitting to the Senate and passing the +amended bill without going through the usual form of conference and +adjustment of differences. Senator Sherman of Ohio remarked that "there +are many cases in the bill where enactment was not intended by the +Senate. For instance, innumerable amendments were put on by Senators +on both sides of the chamber... to give the Committee of Conference a +chance to think of the matter, and they are all adopted, whatever may be +their language or the incongruity with other parts of the bill." + +The bitter feeling, excited by the summary mode of enactment on the part +of the House, was intensified by President Cleveland's treatment of the +measure. While he did not veto it, he would not sign it but allowed it +to become law by expiration of the ten days in which he could reject +it. He set forth his reasons in a letter on August 27, 1894, to +Representative Catchings of Missouri, in which he sharply commented +upon the incidents accompanying the passage of the bill and in which he +declared: + +"I take my place with the rank and file of the Democratic party who +believe in tariff reform, and who know what it is; who refuse to accept +the result embodied in this bill as the close of the war; who are not +blinded to the fact that the livery of Democratic tariff reform has been +stolen and used in the service of Republican protection; and who have +marked the places where the deadly blight of treason has blasted the +counsels of the brave in their hour of might." + +The letter was written throughout with a fervor rare in President +Cleveland's papers, and it had a scorching effect. Senator Gorman and +some other Democratic Senators lost their seats as soon as the people +had a chance to express their will. + +The circumstances of the tariff struggle greatly increased popular +discontent with the way in which the government of the country was +being conducted at Washington. It became a common belief that the actual +system of government was that the trusts paid the campaign expenses +of the politicians and in return the politicians allowed the trusts +to frame the tariff schedules. Evidence in support of this view was +furnished by testimony taken in the investigation of the sugar scandal +in the summer of 1894. Charges had been made in the newspapers that some +Senators had speculated in sugar stocks during the time when they were +engaged in legislation affecting the value of those stocks. Some of them +admitted the fact of stock purchases, but denied that their legislative +action had been guided by their investments. In the course of the +investigation, H. O. Havemeyer, the head of the Sugar Trust, admitted +that it was the practice to subsidize party management. "It is my +impression," he said, "that whenever there is a dominant party, wherever +the majority is large, that is the party that gets the contribution +because that is the party which controls the local matters." He +explained that this system was carried on because the company had large +interests which needed protection, and he declared "every individual and +corporation and firm, trust, or whatever you call it, does these things +and we do them." + +During the tariff struggle, a movement took place which was an evidence +of popular discontent of another sort. At first it caused great +uneasiness, but eventually the manifestation became more grotesque than +alarming. Jacob S. Coxey of Massillon, Ohio, a smart specimen of the +American type of handy business man, announced that he intended to +send a petition to Washington wearing boots so that it could not be +conveniently shelved by being stuck away in a pigeonhole. He thereupon +proceeded to lead a march of the unemployed, which started from +Massillon on March 25, 1894, with about one hundred men in the ranks. +These crusaders Coxey described as the "Army of the Commonweal of +Christ," and their purpose was to proclaim the wants of the people on +the steps of the Capitol on the 1st of May. The leader of this band +called upon the honest working classes to join him, and he gained +recruits as he advanced. Similar movements started in the Western +States. "The United States Industrial Army," headed by one Frye, started +from Los Angeles and at one time numbered from six to eight hundred men; +they reached St. Louis by swarming on the freight trains of the Southern +Pacific road and thereafter continued on foot. A band under a leader +named Kelly started from San Francisco on the 4th of April and by +commandeering freight trains reached Council Bluffs, Iowa, whence they +marched to Des Moines. There, they went into camp with at one time as +many as twelve hundred men. They eventually obtained flatboats, on which +they floated down the Mississippi and then pushed up the Ohio to a point +in Kentucky whence they proceeded on foot. Attempts on the part of such +bands to seize trains brought them into conflict with the authorities +at some points. For instance, a detachment of regular troops in Montana +captured a band coming East on a stolen Northern Pacific train, and +militia had to be called out to rescue a train from a band at Mount +Sterling, Ohio. + +Coxey's own army never amounted to more than a few hundred, but it +was more in the public eye. It had a large escort of newspaper +correspondents who gave picturesque accounts of the march to Washington; +and Coxey himself took advantage of this gratuitous publicity to express +his views. Among other measures, he urged that since good roads and +money were both greatly needed by the country at large, the Government +should issue $500,000,000 in "non-interest bearing bonds" to be used +in employing workers in the improvement of the roads. After an orderly +march through parts of Ohio, Pennsylvania, and Maryland, in the course +of which his men received many donations of supplies from places through +which they passed, Coxey and his army arrived at Washington on the 1st +of May and were allowed to parade to the Capitol under police escort +along a designated route. When Coxey left the ranks, however, to cut +across the grass to the Capitol, he was arrested on the technical charge +of trespassing. The army went into camp, but on the 12th of May the +authorities forced the men to move out of the District. They thereupon +took up quarters in Maryland and shifted about from time to time. +Detachments from the Western bands arrived during June and July, but +the total number encamped about Washington probably never exceeded a +thousand. Difficulties in obtaining supplies and inevitable collisions +with the authorities caused the band gradually to disperse. Coxey, after +his short term in jail, traveled about the country trying to stir +up interest in his aims and to obtain supplies. The novelty of his +movement, however, had worn off, and results were so poor that on the +26th of July he issued a statement saying he could do no more and that +what was left of the army would have to shift for itself. In Maryland, +the authorities arrested a number of Coxey's "soldiers" as vagrants. On +the 11th of August, a detachment of Virginia militia drove across the +Potomac the remnants of the Kelly and Frye armies, which were then taken +in charge by the district authorities. They were eventually supplied by +the Government with free transportation to their homes. + +Of more serious import than these marchings and campings, as evidence of +popular unrest, were the activities of organized labor which now began +to attract public attention. The Knights of Labor were declining in +numbers and influence. The attempt, which their national officers made +in January, 1894, to get out an injunction to restrain the Secretary of +the Treasury from making bond sales really facilitated Carlisle's effort +by obtaining judicial sanction for the issue. Labor disturbances now +followed in quick succession. In April, there was a strike on the Great +Northern Railroad, which for a long time almost stopped traffic between +St. Paul and Seattle. Local strikes in the mining regions of West +Virginia and Colorado, and in the coke fields of Western Pennsylvania, +were attended by conflicts with the authorities and some loss of life. +A general strike of the bituminous coal miners of the whole country was +ordered by the United Mine Workers on the 21st of April, and called out +numbers variously estimated at from one hundred and twenty-five thousand +to two hundred thousand; but by the end of July the strike had ended in +a total failure. + +All the disturbances that abounded throughout the country were +overshadowed, however, by a tremendous struggle which centered in +Chicago and which brought about new and most impressive developments +of national authority. In June, 1893, Eugene V. Debs, the +secretary-treasurer of the Brotherhood of Locomotive Firemen, resigned +his office and set about organizing a new general union of railroad +employees in antagonism to the Brotherhoods, which were separate unions +of particular classes of workers. He formed the American Railway Union +and succeeded in instituting 465 local lodges which claimed a membership +of one hundred and fifty thousand. In March, 1894, Pullman Company +employees joined the new union. On the 11th of May, a class of workers +in this company's shops at Pullman, Illinois, struck for an increase +of wages, and on the 21st of June the officers of the American Railway +Union ordered its members to refuse to handle trains containing Pullman +cars unless the demands of the strikers were granted. Although neither +the American Federation of Labor nor the Brotherhoods endorsed this +sympathetic strike, it soon spread over a vast territory and was +accompanied by savage rioting and bloody conflicts. In the suburbs +of Chicago the mobs burned numerous cars and did much damage to other +property. The losses inflicted on property throughout the country by +this strike have been estimated at $80,000,000. + +The strikers were undoubtedly encouraged in resorting to force by the +sympathetic attitude which Governor Altgeld of Illinois showed towards +the cause of labor. The Knights of Labor and other organizations of +workingmen had passed resolutions complimenting the Governor on his +pardon of the Chicago anarchists, and the American Railway Union counted +unduly upon his support in obtaining their ends. The situation was such +as to cause the greatest consternation throughout the country, as there +was a widespread though erroneous belief that there was no way in which +national Government could take action to suppress disorder unless it was +called upon by the Legislature, if it happened to be in session, or by +the Governor. But at this critical moment, the Illinois Legislature +was not in session, and Governor Altgeld refused to call for aid. For +a time, it therefore seemed that the strikers were masters of the +situation and that law and order were powerless before the mob. + +There was an unusual feeling of relief throughout the country when word +came from Washington on the 1st of July that President Cleveland had +called out the regular troops. Governor Altgeld sent a long telegram +protesting against sending federal troops into Illinois without any +request from the authority of the State. But President Cleveland replied +briefly that the troops were not sent to interfere with state authority +but to enforce the laws of the United States, upon the demand of the +Post Office Department that obstruction to the mails be removed, and +upon the representations of judicial officers of the United States that +processes of federal courts could not be executed through the ordinary +means. In the face of what was regarded as federal interference, riot +for the moment blazed out more fiercely than ever, but the firm stand +taken by the President soon had its effect. On the 6th of July, Governor +Altgeld ordered out the state militia which soon engaged in some sharp +encounters with the strikers. On the next day, a force of regular troops +dispersed a mob at Hammond, Indiana, with some loss of life. On the +8th of July, President Cleveland issued a proclamation to the people of +Illinois and of Chicago in particular, notifying them that those "taking +part with a riotous mob in forcibly resisting and obstructing the +execution of the laws of the United States... cannot be regarded +otherwise than as public enemies," and that "while there will be no +hesitation or vacillation in the decisive treatment of the guilty, this +warning is especially intended to protect and save the innocent." +The next day, he issued as energetic a proclamation against "unlawful +obstructions, combinations and assemblages of persons" in North Dakota, +Montana, Idaho, Washington, Wyoming, Colorado, California, Utah, and New +Mexico. + +At the request of the American Railway Union, delegates from twenty-five +unions connected with the American Federation of Labor met in Chicago +on the 12th of July, and Debs made an ardent appeal to them to call a +general strike of all labor organizations. But the conference decided +that "it would be unwise and disastrous to the interests of labor to +extend the strike any further than it had already gone" and advised the +strikers to return to work. Thereafter, the strike rapidly collapsed, +although martial law had to be proclaimed and, before quiet was +restored, some sharp conflicts still took place between federal troops +and mobs at Sacramento and other points in California. On the 3rd of +August, the American Railway Union acknowledged its defeat and called +off the strike. Meanwhile, Debs and other leaders had been under +arrest for disobedience to injunctions issued by the federal courts. +Eventually, Debs was sentenced to jail for six months,* and the others +for three months. The cases were the occasion of much litigation in +which the authority of the courts to intervene in labor disputes by +issuing injunctions was on the whole sustained. The failure and collapse +of the American Railway Union appears to have ended the career of Debs +as a labor organizer, but he has since been active and prominent as a +Socialist party leader. + + + * Under Section IV of the Anti-Trust Law of 1890. + + +Public approval of the energy and decision which President Cleveland +displayed in handling the situation was so strong and general that it +momentarily quelled the factional spirit in Congress. Judge Thomas M. +Cooley, then, probably the most eminent authority on constitutional law, +wrote a letter expressing "unqualified satisfaction with every step" +taken by the President "in vindication of the national authority." Both +the Senate and the House adopted resolutions endorsing the prompt and +vigorous measures of the Administration. The newspapers, too, joined in +the chorus of approval. A newspaper ditty which was widely circulated +and was read by the President with pleasure and amusement ended a string +of verses with the lines: + +The railroad strike played merry hob, The land was set aflame; Could +Grover order out the troops To block the striker's game? One Altgeld +yelled excitedly, "Such tactics I forbid; You can't trot out those +soldiers," yet That's just what Grover did. + +In after years when people talk Of present stirring times, And of +the action needful to Sit down on public crimes, They'll all of them +acknowledge then (The fact cannot be hid) That whatever was the best to +do Is just what Grover did. + +This brief period of acclamation was, however, only a gleam of sunshine +through the clouds before the night set in with utter darkness. +Relations between President Cleveland and his party in the Senate had +long been disturbed by his refusal to submit to the Senate rule that +nominations to office should be subject to the approval of the Senators +from the State to which the nominees belonged. On January 15, 1894, +eleven Democrats voted with Senator David B. Hill to defeat a New York +nominee for justice of the Supreme Court. President Cleveland then +nominated another New York jurist against whom no objection could be +urged regarding reputation or experience; but as this candidate was not +Senator Hill's choice, the nomination was rejected, fourteen Democrats +voting with him against it. President Cleveland now availed himself of +a common Senate practice to discomfit Senator Hill. He nominated Senator +White of Louisiana, who was immediately confirmed as is the custom of +the Senate when one of its own members is nominated to office. Senator +Hill was thus left with the doubtful credit of having prevented the +appointment of a New Yorker to fill the vacancy in the Supreme Court. +But this incident did not seriously affect his control of the Democratic +party organization in New York. His adherents extolled him as a New York +candidate for the Presidency who would restore and maintain the regular +party system without which, it was contended, no administration could be +successful in framing and carrying out a definite policy. Hill's action, +in again presenting himself as a candidate for Governor in the fall of +1894, is intelligible only in the light of this ambition. He had already +served two terms as Governor and was now only midway in his senatorial +term; but if he again showed that he could carry New York he would +have demonstrated, so it was thought, that he was the most eligible +Democratic candidate for the Presidency. But he was defeated by a +plurality of about 156,000. + +The fall elections of 1894, indeed, made havoc in the Democratic party. +In twenty-four States, the Democrats failed to return a single member, +and in each of six others, only a single district failed to elect +a Republican. The Republican majority in the House was 140, and the +Republican party also gained control of the Senate. The Democrats who +had swept the country two years before were now completely routed. + +Under the peculiar American system which allows a defeated party to +carry on its work for another session of Congress as if nothing had +happened, the Democratic party remained in actual possession of Congress +for some months but could do nothing to better its record. The leading +occupation of its members now seemed to be the advocacy of free silver +and the denunciation of President Cleveland. William J. Bryan of +Nebraska was then displaying in the House the oratorical accomplishments +and dauntless energy of character which soon thereafter gained him the +party leadership. With prolific rhetoric, he likened President Cleveland +to a guardian who had squandered the estate of a confiding ward and to +a trainman who opened a switch and caused a wreck, and he declared +that the President in trying to inoculate the Democratic party with +Republican virus had poisoned its blood. + +Shortly after the last Democratic Congress--the last for many years--the +Supreme Court undid one of the few successful achievements of this party +when it was in power. The Tariff Bill contained a section imposing a +tax of two per cent on incomes in excess of $4000. A case was framed +attacking the constitutionality of the tax,* the parties on both sides +aiming to defeat the law and framing the issues with that purpose in +view. On April 8, 1895, the Supreme Court rendered a judgment which +showed that the Court was evenly divided on some points. A rehearing was +ordered and a final decision was rendered on the 20th of May. By a vote +of five to four it was held that the income tax was a direct tax, that +as such it could be imposed only by apportionment among the States +according to population, and that as the law made no such provision the +tax was therefore invalid. This reversed the previous position of the +Court** that an income tax was not a direct tax within the meaning +of the Constitution, but that it was an excise. This decision was the +subject of much bitter comment which, however, scarcely exceeded in +severity the expressions used by members of the Supreme Court who filed +dissenting opinions. Justice White was of the opinion that the effect of +this judgment was "to overthrow a long and consistent line of decisions +and to deny to the legislative department of the Government the +possession of a power conceded to it by universal consensus for one +hundred years." Justice Harlan declared that it struck "at the very +foundation of national authority" and that it gave "to certain kinds of +property a position of favoritism and advantage inconsistent with the +fundamental principles of our social organization." Justice Brown hoped +that "it may not prove the first step towards the submergence of the +liberties of the people in a sordid despotism of wealth." Justice +Jackson said it was "such as no free and enlightened people can ever +possibly sanction or approve." The comments of law journals were also +severe, and on the whole, the criticism of legal experts was more +outspoken than that of the politicians. + + + * Pollock vs. Farmers' Loan and Trust Company, 157 U.S. 429. + + + * * Springer vs. United States, 102 U.S. 586. + + +Public distrust of legislative procedure in the United States is so +great that powers of judicial interference are valued to a degree not +usual in any other country. The Democratic platform of 1896 did not +venture to go farther in the way of censure than to declare that "it is +the duty of Congress to use all the constitutional power which remains +after that decision, or which may come from its reversal by the court as +it may hereafter be constituted, so that the burdens of taxation may be +equally and impartially laid, to the end that wealth may bear its due +proportion of the expenses of the government." Even this suggestion of +possible future interference with the court turned out to be a heavy +party load in the campaign. + +With the elimination of the income tax, the revenues of the country +became insufficient to meet the demands upon the Treasury, and Carlisle +was obliged to report a deficit of $42,805,223 for 1895. The change of +party control in Congress brought no relief. The House, under the able +direction of Speaker Reed, passed a bill to augment the revenue by +increasing customs duties and also a bill authorizing the Secretary of +the Treasury to sell bonds or issue certificates of indebtedness bearing +interest at three per cent. Both measures, however, were held up in +the Senate, in which the silver faction held the balance of power.* +On February 1, 1896, a free silver substitute for the House bond +bill passed the Senate by a vote of forty-two to thirty-five, but the +minority represented over eight million more people than the majority. +The House refused, by 215 to 90, to concur in the Senate's amendment, +and the whole subject was then dropped. + + + * The distribution of party strength in the Senate was: +Republicans, 43; Democrats, 39; Populists, 6. Republicans made +concessions to the Populists which caused them to refrain from voting +when the question of organisation was pending, and the Republicans were +thus able to elect the officers and rearrange the committees, which +they did in such a way as to put the free silver men in control of the +committee on finance. The bills passed by the house were referred to +this committee, which thereupon substituted bills providing for free +coinage of silver. + + +President Cleveland had to carry on the battle to maintain the gold +standard and to sustain the public credit without any aid from Congress. +The one thing he did accomplish by his efforts, and it was at that +moment the thing of chief importance, was to put an end to party +duplicity on the silver question. On that point, at least, national +party platforms abandoned their customary practice of trickery and +deceit. Compelled to choose between the support of the commercial +centers and that of the mining camps, the Republican convention came +out squarely for the gold standard and nominated William McKinley for +President. Thirty-four members of the convention, including four United +States Senators and two Representatives, bolted. It was a year of bolts, +the only party convention that escaped being that of the Socialist Labor +party, which ignored the monetary issue save for a vague declaration +that "the United States have the exclusive right to issue money." The +silver men swept the Democratic convention, which then nominated William +Jennings Bryan for President. Later on, the Gold Democrats held a +convention and nominated John M. Palmer of Illinois. The Populists and +the National Silver party also nominated Bryan for President, but +each made its own separate nomination for Vice-President. Even the +Prohibitionists split on the issue, and a seceding faction organized the +National party and inserted a free silver plank in their platform. + +In the canvass which followed, calumny and misrepresentation were for +once discarded in favor of genuine discussion. This new attitude was +largely due to organizations for spreading information quite apart from +regular party management. In this way, many able pamphlets were issued +and widely circulated. The Republicans had ample campaign funds; but +though the Democrats were poorly supplied, this deficiency did not +abate the energy of Bryan's campaign. He traveled over eighteen thousand +miles, speaking at nearly every stopping place to great assemblages. +McKinley, on the contrary, stayed at home, although he delivered an +effective series of speeches to visiting delegations. The outcome seemed +doubtful, but the intense anxiety which was prevalent was promptly +dispelled when the election returns began to arrive. By going over to +free silver, the Democrats wrested from the Republicans all the mining +States, except California, together with Kansas and Nebraska, but the +electoral votes which they thus secured were a poor compensation for +losses elsewhere. Such old Democratic strongholds as Delaware, Maryland, +and West Virginia gave McKinley substantial majorities, and Kentucky +gave him twelve of her thirteen electoral votes. McKinley's popular +plurality was over six hundred thousand, and he had a majority of +ninety-five in the electoral college. + +The nation approved the position which Cleveland had maintained, but the +Republican party reaped the benefit by going over to that position while +the Democratic party was ruined by forsaking it. Party experience during +the Cleveland era contained many lessons, but none clearer than that +presidential leadership is essential both to legislative achievement and +to party success. + + + + +BIBLIOGRAPHICAL NOTE + +Among general histories dealing with this period, the leading authority +is D. R. Dewey, "National Problems," 1885-97 (1907) in "The American +Nation"; but suggestive accounts may be found in E. B. Andrews, "History +of the Last Quarter of a Century in the United States" (1896); in H. +T. Peck, "Twenty Years of the Republic" (1913); and in C. A. Beard, +"Contemporary American History" (1914). + +The following works dealing especially with party management and +congressional procedure will be found serviceable: E. Stanwood, "History +of the Presidency" (1898); M. P. Follett, "The Speaker of the House of +Representatives" (1896); H. J. Ford, "The Rise and Growth of American +Politics" (1898); H. J. Ford, "The Cost of our National Government" +(1910); S. W. McCall, "The Business of Congress" (1911); D. S. +Alexander, "History and Procedure of the House of Representatives" +(1916); C. R. Atkinson, "The Committee on Rules and the Overthrow of +Speaker" Cannon (1911). The debate of 1885-86 on revision of the rules +is contained in the "Congressional Record," 49th Congress, 1st session, +vol. 17, part I, pp. 39, 71, 87, 102 129, 182, 9,16, 216, 239, 304. + +Of special importance from the light they throw upon the springs +of action are the following works: Grover Cleveland, "Presidential +Problems" (1904); F. E. Goodrich, "The Life and Public Services of +Grover Cleveland" (1884); G. F. Parker, "The Writings and Speeches of +Grover Cleveland" (1890); J. L. Whittle, "Grover Cleveland" (1896); J. +G. Blaine, "Political Discussions" (1887); E. Stanwood, "James Gillespie +Blaine" (1905); A. R. Conkling, "Life and Letters of Roscoe Conkling" +(1889); John Sherman, "Recollections of Forty Years in the House, +Senate, and Cabinet" (1895); G. F. Hoar, "Autobiography of Seventy +Years" (1903); S. M. Cullom, "Fifty Years of Public Service" (1911); L. +A. Coolidge, "An Old-fashioned Senator: Orville H. Platt of Connecticut" +(1910); S. W. McCall, "The Life of Thomas Brackett Reed" (1914); A. E. +Stevenson, "Something of Men I Have Known" (1909). + +For the financial history of the period, see J. L. Laughlin, "The +History of Bimetallism in the United States" (1897); A. D. Noyes, "Forty +Years of American Finance" (1909); Horace White, "Money and Banking, +Illustrated by American History" (1904). + +The history of tariff legislation is recorded by F. W. Taussig, "The +Tariff History of the United States" (1914), and E. Stanwood, "American +Tariff Controversies in the Nineteenth Century" (1903). + +On the trust problem there is much valuable information in W. Z. Ripley, +"Trusts, Pools, and Corporations" (1905); K. Coman, "Industrial History +of the United States" (1905); J. W. Jenks, "The Trust Problem" (1905). + +The conditions which prompted the creation of the Interstate Commerce +Commission are exhibited in the report of the Senate Select Committee +on Interstate Commerce, "Senate Reports," No. 46, 49th Congress, 1st +session. + +Useful special treatises on the railroad problem are E. R. Johnson, +"American Railway Transportation" (1903); B. H. Meyer, "Railway +Legislation in the United States" (1903); and W. Z. Ripley, "Railway +Problems" (1907). + +The history of labor movements may be followed in J. R. Commons, +"History of Labor in the United States" (1918); M. Hillquit, "History +of Socialism in the United States" (1903); "Report of the Industrial +Commission," vol. XVII (1901); and in the Annual Reports of the United +States Commissioner of Labor. Congressional investigations of particular +disturbances produced the House Reports No. 4174, 49th Congress, 2d +session, 1887, on the Southwestern Railway Strike, and No. 2447, 52d +Congress, 2d session, 1893, on the Homestead Strike. + +On the subject of pensions the most comprehensive study is that by W. H. +Glasson, "History of Military Pension Legislation in the United States, +Columbia University Studies," vol. XII, No. 3 (1900). Of special +interest is the speech by J. H. Gallinger, "Congressional Record," 65th +Congress, 2d session, vol. 56, No. 42, p. 1937. + +Other public documents of special importance are "Senate Report," No. +606, 53d Congress, concerning the sugar scandal, and "Senate Documents," +No. 187, 54th Congress, 2d session, concerning the bond sales. "The +Congressional Record" is at all times a mine of information. Valuable +historical material is contained in the "New Princeton Review," vols. +I-VI (1886-88), the New York "Nation," the "Political Science Quarterly," +and other contemporary periodicals. + +A vivid picture of political conditions on the personal side is given in +Slason Thompson, "Eugene Field" (1901), vol. I, chap. 10; vol. II, chap. +8. + + + + + +End of the Project Gutenberg EBook of The Cleveland Era, by Henry Jones Ford + +*** END OF THIS PROJECT GUTENBERG EBOOK THE CLEVELAND ERA *** + +***** This file should be named 3041.txt or 3041.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/0/4/3041/ + +Produced by The James J. 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