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Full text of "Four aspects of civic duty"

UNIVERSITY 

OF CALIFORNIA 

LOS ANGELES 



SCHOOL OF LAW 
LIBRARY 



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£f/$oM 



IU. 



YALE LECTURES ON THE 
RESPONSIBILITIES OF CITIZENSHIP 



FOUR ASPECTS OF CIVIC DUTY 



IN THE SAME SERIES 



Four Aspects of Civic Duty. By William How- 
ard Taft, Secretary of War, First Civil Gov- 
ernor of the Philippine Islands. 12mo . net, $1.00 

Freedom and Responsibility. By Arthur Twin- 
ing Hadley, President of Yale University. 
12mo net, $1.00 

The Citizen in His Relation to the Industrial 
Situation. By Henry C. Potter, D.D., LL.D., 
Bishop of New York. 12mo .... net, $1.00 

American Citizenship. By David J. Brewer, Asso- 
ciate Justice, Supreme Court of the United States. 
12mo net, $0.75 



FOUR ASPECTS OF 
CIVIC DUTY 



BY 



WILLIAM HOWARD TAFT 

SECRETARY OF WAR 
FIRST CIVIL GOVERNOR OF THE PHILIPPINE ISLANDS 



NEW YORK 

CHARLES SCRIBNER'S SONS 

1906 



\ 



Copyright, 1906 
By Yale University 



Published, December, 1906 
|5H' 



^ 



TROW DIRECTORY 

PRINTING AND BOOKBINOINO COMPANY 

NEW YORK 



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CONTENTS 



PAGE 



I. The Duties of Citizenship Viewed from 
the Standpoint of a Recent Gradu- 
ate of a University 3 

II. The Duties of Citizenship Viewed from 
the Standpoint of a Judge on the 
Bench 35 

III. The Duties of Citizenship Viewed from 

the Standpoint of Colonial Admin- 
istration 61 

IV. The Duties of Citizenship Viewed from 

the Standpoint of the National 
Executive 20 



FOUR ASPECTS OF CIVIC DUTY 



THE DUTIES OP CITIZENSHIP VIEWED FROM 
THE STANDPOINT OF A RECENT GRADUATE 
OF A UNIVERSITY 

Mr. President, and Gentlemen of Yale: 

My occupations within the last month have been 
so numerous, various, and absorbing that it ha9 
been very difficult for me to give thought and 
proper time of preparation for the series of lec- 
tures which, more than a year ago, I was invited 
to deliver on the Dodge foundation by your 
alluring secretary — Mr. Stokes. Knowing as I did 
that it was foolish for me to accept Mr. Stokes's 
invitation, and knowing that whenever the time 
came for me to perform my promise it would cer- 
tainly be the most inconvenient time in the year, 
I nevertheless yielded weakly, and agreed to come 
and say something about the duties of citizenship. 
Of course I could not anticipate that an earthquake 
would throw additional responsibilities on the 

3 



4 FOUR ASPECTS OF CIVIC DUTY 

War Department; but previous experiences ought 
to have taught me that something would happen 
to make it altogether inconvenient and almost 
impossible for me to comply with a promise so 
easily given but with such difficulty performed. 
Still, here I am, and if what I have to say to you 
proves to be trite or for other reasons lacking in 
interest, I hope you will bear with me and at- 
tribute it to the lack of preparation. I have 
worried over these lectures a good deal, and have 
cast about to know what plan for the development 
of the subject I could properly pursue which might 
be of assistance to the young men who are about 
to enter upon what I hope will be useful lives in 
doing what they ought to do to make this country 
better and to vindicate its form of government 
and its capacity for progress and development 
toward higher civilization. I met President Had- 
ley in St. Louis, and he suggested that I look at 
the subject from the four standpoints from which, 
in my personal experience, I have had to look at 
public matters. He thought that this would give 
me the advantage of testifying as a witness quali- 
fied by opportunities for observation, whether the 
opportunities were improved or not. Acquies- 



A GRADUATE OF A UNIVERSITY 5 

cing, as I always do, in the wisdom of his sugges- 
tions, I have therefore taken for the four lectures 
which I am to deliver the following subjects: 

I. The duties of citizenship viewed from the 
standpoint of a recent graduate of a university. 

II. The duties of citizenship viewed from the 
standpoint of a judge on the bench. 

III. The duties of citizenship viewed from the 
standpoint of colonial administration. 

IV. The duties of citizenship viewed from the 
standpoint of the national executive. 

In taking up the first of these heads for dis- 
cussion I hope I may be pardoned for calling 
attention to a fact that has not escaped general 
observation, that there are few conditions of mind 
more exalted, more comforting, more complacent, 
than that of the members of the Senior class of 
a great university like this. The struggle upward 
from the humility of Freshman year, through the 
irresponsibility and audacity of Sophomore year, 
the budding sense of superiority of Junior year, 
to the beatific appreciation of his own importance 
in supporting the dignity of the university that 
every Senior has, are well-known phases in col- 
lege life. The step downward that has to be taken 



6 FOUR ASPECTS OF CIVIC DUTY 

from the altitude of Senior year to the sense of 
insignificance that comes quickly to the ordinary 
graduate in the year succeeding his college life, 
adds much to his usefulness as a member of the 
community which he is about to enter. It restores 
his sense of proportion as to the position that he 
fills in society, which, in the epitome of life that 
a four years' course at a university is, had some- 
what distorted his views of the extent of the de- 
mand which there would be for his presence and 
services in the community at large. 

Of course this humbling change from the esti- 
mate of the college world to the estimate of the 
world at large has a greater effect upon the men 
who, when they leave college, are thrown upon 
their own resources and are obliged to earn their 
own living, than upon those who have money 
enough and are not dependent upon the assistance 
of others, or upon the recognition of their ability 
by employers, by congregations, by clients, or by 
patients. This is one of the great disadvantages 
of being born wealthy. The truth is, the wealthy 
young man, in winning his way to a useful place 
in the community, has to struggle much more and 
has to exhibit a moral courage much greater than 



A GRADUATE OF A UNIVERSITY 7 

that of the poor man, if he would make a real 
success in life and justify his existence as a citi- 
zen. The young man most to be congratulated 
is he who has been given an education as thorough 
and as useful as he himself wishes to make it, 
and then under the spur of necessity enters upon 
a life of work without the temptation to lack 
of effort and idleness, or to dilettanteism, or to 
pure pleasure, which a competence always creates. 
The great accumulations of wealth that we have 
witnessed during the present generation are, of 
course, of much benefit to the community in the 
promotion of art, of music, of charity, and of 
great educational institutions, as well as in the 
good they do in the prosecution of industry, the 
cheapening of the cost of production, and the 
carrying on of the great enterprises that are 
needed to make real material and intellectual 
progress; but, in my judgment, in no one respect 
can wealth be made more useful from now on 
than in the support of young men who are will- 
ing to devote their attention to politics and public 
matters, to assume official responsibilities, to fol- 
low and preserve the public weal, and by reason 
of their independence of salaries or office to ex- 



8 FOUR ASPECTS OF CIVIC DUTY 

ercise the beneficent influence of disinterested 
patriotism and attention to public affairs. There 
is such a class in England, which has done won- 
ders for their politics and the high tone of their 
public men. When it comes to be understood in 
this country, and impressed on the persons to 
whom it applies, that the man who is wealthy 
enough to relieve him from any anxiety about 
supporting his family owes it to society to devote 
his attention to public affairs, and that one who 
does not do so is violating his duty, a great step 
will have been taken in elevating our politics. 
I think this influence has already shown itself 
in many directions ; but with the increased wealth 
of this generation the influence of this class ought 
to become greater and greater. Of course I would 
not eliminate from our community what I shall 
hereafter refer to at considerable length, to wit: 
the motive for gain and accumulation of money, 
which is the main-spring of nearly all the material 
improvement which has been so marked in this 
country ; but in such a hoped-for change of motive 
among the wealthy young men as I have de- 
scribed we are not likely so to reduce the motive 
for accumulation in the community at large as 



A GRADUATE OF A UNIVERSITY 9 

to affect injuriously our financial and material 
progress. 

So much for the wealthy young man. The poor 
young man has to earn his own living, but his 
attention to politics is likely to be much greater 
in the early years of his business or professional 
life, when he has only one to support, than when 
he takes unto himself a wife, and brings into 
the world a family which gradually absorbs all 
his energy and takes all his time in earning 
money enough to provide for its wants. There 
is a period of ten or fifteen years during which 
all college graduates, poor as well as rich, have 
time enough and energy enough and ought to 
have interest enough to attempt to make the poli- 
tics of the neighborhood in which they live better ; 
and it is to this period and its obligations that 
I wish particularly to direct my remarks this 
evening. 

The training in political economy and sociology, 
and other scientific studies likely to affect one's 
political views which are pursued in a university 
curriculum, tends to certainty and severity of 
view with respect to the issues of the day. As 
parties and public men fail to square with the 



10 FOUR ASPECTS OF CIVIC DUTY 

views thus formed, there develops in the mind 
of the young graduate a spirit of criticism and 
impatience that the Government is so stupidly 
run, and with so little understanding of the 
fundamental rules upon which all public affairs 
ought to be conducted. While I was in college 
it happened that my father was in the national 
administration, and I can remember with dis- 
tinctness my dissatisfaction with his views of 
public affairs and my impatience that he did not 
seem to value as fully as I thought he ought the 
importance of pursuing the up-to-date principles 
that should govern the policy to be pursued by 
public men. Now, the step down from Senior 
year to a struggle for a living, which I have 
already referred to, has a healthy tendency in 
moderating this certainty and severity of view 
formed in the lecture-room and in the abstract 
study of political science. In such view the 
graduate is apt to ignore the obstruction by reason 
of friction in the operation of natural laws. He 
is apt to ignore, as a negligible quantity, the 
necessary effect upon the political policies of the 
existence of popular prejudices and popular emo- 
tions. He is apt to treat man as a peculiarly 



A GRADUATE OF A UNIVERSITY 11 

intelligent animal, buying exactly where he can 
buy cheapest, and selling exactly where he can 
sell at the highest price; patronizing classes and 
nations without respect to personal feelings toward 
them, and moved by purely business considera- 
tions, and those which ought to influence him if 
he properly considers his welfare. Now, I do 
not mean to say that the professor who instructs, 
and who is a man of the world, does not know 
the lights and shadows that should be put into 
the picture of actual and real political and 
economic conditions, so as to modify the rigidity 
of the lines laid down by the strict and theoreti- 
cal rules which he teaches; but the students 
ordinarily are much better able to master the 
main principles than their complicated variation 
and modification, due to intervening causes. 
Those they must learn by actual experience. The 
tendency in my own case, and I think in that 
of most graduates of my time, was toward the 
laissez faire doctrine that the least interference 
by legislation with the operation of natural laws 
was, in the end, the best for the public; that the 
only proper object of legislation was to free 
the pathway of commerce and opportunity from 



12 FOUR ASPECTS OF CIVIC DUTY 

the effect of everything but competition and en- 
lightened selfishness; and that that being done, 
the Government had discharged all of its proper 
functions. When I graduated we looked upon 
the Post-office Department of the Government with 
great suspicion. X\e felt that it was a depart- 
ure from proper principles, and that it seemed 
to offer a pernicious example and suggestion of 
the extension of governmental interference and 
initiative into fields which ought to be covered 
altogether by private enterprise. I do not know 
what may be taught in this respect now, and 
I am bound to say that I think these principles, 
which I may seem to have spoken of in a light 
way, f are still orthodox and still sound, if only 
the application of them is not carried to such an 
extreme as really to interfere with the public 
welfare. Experience will show that there are 
fields of business action which the Government 
can better cover than private enterprise ; and there 
are also fields over which, because of probability 
of abuse by private enterprise, the Government 
should assume control, not by way of initiation 
and administration but by way of effective regu- 
lation. This topic, however, involves too many 



A GRADUATE OF A UNIVERSITY 13 

considerations to justify its discussion further to- 
night. 

On the other hand, there are, in addition to 
those of the laissez faire school, a few graduates of 
universities whose substratum of common sense 
and whose sense of proportion, with reference to 
things as they are, are so lacking, and whose poetic 
and emotional temperament is so overwrought, 
that they are led to contemplate only the injus- 
tice and the abuses that occur under the existing 
social order, and fail utterly to note the tre- 
mendous advance, the immense progress which has 
been made under the present guaranties of life, lib- 
erty, and property ; who yearn for an entirely dif- 
ferent system and radical change, in which men 
are to be governed solely by love and not by any 
motive of gain. In their eyes selfishness can 
never be enlightened, and they finally acquire a 
state of mind so morbid that the only happiness 
they have is the contemplation of human misery 
as an argument for the immediate abandonment 
of the principles lying at the basis of modern 
society. When such theories proceed from men 
who have really suffered, men to whom equality 
of opportunity seems to have been denied, men 



14 FOUR ASPECTS OF CIVIC DUTY 

who live under a weight of misfortune and pov- 
erty and disease and the other ills that flesh is 
heir to, there ought to be much sympathy with 
their feeling. It is entirely natural that they 
should be lacking in the sense of proportion which 
a man not so oppressed may have in respect to 
the advantages of our present social and economic 
system. ! But when one encounters a graduate of 
a university, of means and opportunity for public 
usefulness, who allows his emotional side to over- 
come his judgment so that he develops into a 
parlor socialist, without really understanding any- 
thing about the real springs of material and in- 
tellectual progress in this world, then we have 
a result with which it is difficult to be patient. 
I think this class is, for the time, on the in- 
crease, but I am glad to think that among edu- 
cated men the class is only that of faddists and 
will fade away as the Millerites did. The spec- 
tacle of men who enjoy all the luxuries of life, 
with trained servants and costly establishments of 
all kinds, declaiming against the social order and 
the injustice done to the poor and suffering in 
the community, is not one to attract the sympathy 
of sensible men. The truth is that an argument 



A GRADUATE OF A UNIVERSITY 15 

in favor of a first cause, or a divine plan of the 
universe, finds no better or stronger illustration 
than in the progress of the world under the 
impulse of men toward personal freedom and the 
right of property. The right of property has 
played quite as important a part in the develop- 
ment of the human race as the right of personal 
liberty. Indeed, the two rights are so associated 
in the struggle which man has had to make in 
taking himself out of the category of the lower 
animals and lifting himself to his present material 
and spiritual elevation that it is hard to separate 
them in a historical discussion. After man be- 
came his own master, the next step in his progress 
was the conception and establishment of the right 
of private property. When he began to live in a 
social state with his fellows, he recognized, dimly 
at first, but subsequently with greater clearness, 
that the laborer should have and enjoy that which 
his labor produced. As his industry and self- 
restraint grew, he made by his labor not only 
enough for his immediate necessities, but also a 
surplus which he was able to save for use in aid 
of future labor. By use of this surplus, the 
amount which each man's labor would produce 



16 FOUR ASPECTS OF CIVIC DUTY 

was thereafter increased. As the advantage of 
the principle that the laborer should enjoy his 
own product came to be recognized, so it came 
to be at a later time equally well recognized that 
he whose savings from his own labor increased 
the product of another's labor was entitled to 
enjoy and share in the joint result; and the ad- 
justment of their respective shares was the first 
settlement of the ever-recurring controversy be- 
tween labor and capital. What one had the full 
right to enjoy he had the right to give to an- 
other to enjoy; and so it happened that when a 
man was about to die he assumed, and was ac- 
corded, the privilege of giving to those whom he 
wished to enjoy it that which was his. As the 
natural parental instinct dictated provision for 
those whom he had brought into the world, it first 
became custom and then law that if he made no 
express disposition of that which he had the right 
to enjoy, it should become the property of those 
for whose existence he was responsible. In this 
way the capital saved in one generation was re- 
ceived by succeeding generations, and its accumu- 
lation for producing purposes was made much 
more probable. The certainty that a man could 



A GRADUATE OF A UNIVERSITY 17 

enjoy as his own that which he produced or saved, 
and that it could be enjoyed after his death by 
those to whom he was bound by ties of natural 
affection, furnished the strongest motive for in- 
dustry beyond what was merely adequate to obtain 
the bare necessities of life, and was the chief 
inducement to economy and self-control. The 
institution of private property with all its inci- 
dents is what has led to the accumulation of 
capital in the world. Capital represents and 
measures the difference between the present con- 
dition of society and that which prevailed when 
men lived by what their hands would produce 
without implements or other means of increasing 
the result of their labor; that is, between the 
utter barbarism of prehistoric ages and modern 
civilization. Without it the whole world would 
still be groping in the darkness of the tribe or 
commune stage of civilization, with alternating 
periods of starvation and plenty, and no happiness 
but that of gorging unrestrained appetite. Capi- 
tal increased the amount of production. The 
cheaper the cost of production, the less each one 
had to work to earn the absolute necessities of 
life, and the more time he had to earn its com- 



18 FOUR ASPECTS OF CIVIC DUTY 

forts. As the material comforts increased, the 
more possible became happiness, and the greater 
the opportunity for the cultivation of the higher 
instincts of the human mind and soul. This 
material progress in the human race, covering 
cycles of time in the slow process of evolving 
as an essential principle in the development of 
the race the right of private property,! was at- 
tended by violence and fraud and cruelty and 
oppression; but in the end it had a profound 
educational effect upon the human race and estab- 
lished in the human heart and soul the virtues 
that have made man the superior being that he is. 
The struggle implanted in the human breast the 
virtue of providence, the restraint of the appetite 
of the present, in order that there may be left 
that with which the future can be enjoyed; the 
lesson that the pains and thoroughness with which 
a work is done increase the product and enlarge 
the source of future supply ; and finally, the recog- 
nition of the fact that the only peaceable way 
by which a man can really enjoy the fruits of 
his own labor is to recognize this as a right of 
every other man. This struggle thus gave us the 
virtues of providence, of industry, and of honesty, 



A GRADUATE OF A UNIVERSITY 19 

and with these basic elements of character all 
the other traits and virtues that we admire in man 
have been developed. Of course, I would not 
ignore or minimize the influence of religion on 
the development and uplifting of human char- 
acter ; but the industrial virtues I have described, 
when instilled by hard experience, certainly offer 
a greater opportunity for the effective working of 
religious influences. | The whole human race has 
had to fight its way upward to modern civilization 
and its beneficent incidents by a struggle so 
arduous and so long continued that we can no 
more appreciate it than we can realize thejtime 
taken to create the geological formations. This 
operation of the natural laws, leading -to the won- 
derful development of modern society out of the 
prehistoric man, we are told that man must change 
by law ; that we must abolish the right of property 
and the motive for gain, divide up the wealth, 
and distribute it according to the sense of justice 
of the socialist committees of organization and 

control. j 

While we may find a few shining examples of 
such dreamers and impracticable and morbid 
thinkers among the graduates of universities of 



20 FOUR ASPECTS OF CIVIC DUTY 

this country, we may be confident that substan- 
tially all the sane graduates of our universities 
will set their faces like flint against the spirit of 
any such foolish doctrine ; and that they will find 
their chief reasons for discrediting the premises 
and the conclusions advanced in favor of socialism 
in the wholesome principles of political economy 
and sociology which they have imbibed at the most 
formative period of their lives and characters in 
the lecture and recitation rooms of their alma 
mater. 

But now, assuming the political and economic 
sanity of the recent college graduate — not, I think, 
a violent assumption — what should be expected of 
him politically ? Well, in the first place he ought 
to learn where the polling-place is in his ward 
and precinct where he can cast a ballot. I think 
it might be rather humiliating to some graduates 
of several years' standing if a close examination 
were made into their knowledge of this simple 
fact; and if the investigation were to proceed 
farther, to find out where the primaries and the 
preliminary political meetings for organization 
are held, the amount of ignorance in respect to 
these details on their part would be still more 



A GRADUATE OF A UNIVERSITY 21 

embarrassing. Perhaps, however, before they go 
either to the polls or to the primaries they ought 
to select a party. I know there is a disposition 
on the part of the free-born American graduate 
from an institution of learning, full of admira- 
tion for independence of thought and a desire to 
maintain his independence of action, to hold him- 
self aloof from party regularity and vote for the 
best men if he can find them, and thus teach 
the party organization that it must beware of 
the influence of the independent voter. I think 
this tendency on the part of the recent college 
graduate is much modified as he acquires ex- 
perience and a knowledge of conditions. Whether 
he will become a Republican or a Democrat or 
a Mugwump will depend on many circumstances. 
He may yield to the natural tendency to inherit 
his politics, and so become a Democrat or a Re- 
publican because his father was. lie may find that 
his views upon the main issue between the parties 
at the particular time when he comes first to 
exercise his franchise and discharge his electoral 
duty are such that on principle he selects one 
of the parties and thereafter identifies himself 
with it. He may find that his pecuniary interests 



22 FOUR ASPECTS OF CIVIC DUTY 

are affected by the success or defeat of a particu- 
lar party, and select the one or the other in 
accordance with those interests. Whatever turns 
him in the direction of one party or the other, 
he will after a while learn that there is much 
to he said in favor of party regularity if that be 
not carried to an extreme. The modern govern- 
ment of a people of 80,000,000, reaching from 
the Atlantic to the Pacific and from Canada to 
Mexico, is very complicated. It has long been a 
principle, enunciated, but " honored more in the 
breach than in the observance," that [the less gov- 
ernment has to do, the less government there is, 
the better for the people ; but in recent years there 
have been so many functions which it is impossible 
for private business to maintain and undertake 
that even the most orthodox of the laissez-faire 
school must admit that the legitimate functions of 
the modern government constitute it a very com- 
plex machine. The difficulties of its management 
are greatly increased if, instead of leaving the 
control to one man, as in Russia, or to a small 
group of men, as in the ancient aristocracy, we 
commit its control to all males over the age of 
twenty-one, and call it a popular government. The 



A GRADUATE OF A UNIVERSITY 23 

real advantage of a popular government, in se- 
curing the greatest good to the greatest number, 
is that experience has shown that individuals and 
classes of men of reasonable intelligence are better 
able to look after their own interests or those 
of their class, and secure equality of opportunity 
and equal protection for themselves or persons 
similarly situated, if they are given a voice in the 
government, than if this duty is left to some one 
else, however altruistic. How is it possible so to 
reduce the varying wishes and views of the entire 
population of 80,000,000 people, or 14,000,000 
adult males, to one resultant executive force, which 
shall carry on this complex machine of government 
effectively, as it should be carried on in the public 
interest and for the public weal ? The problem has 
been solved in the growth and the establishment of 
popular government by the institution of parties 
among the people. A useful party cannot be 
formed unless those who are members of it, with a 
sense of responsibility for the successful and unob- 
structed continuance of the administration by that 
party, yield their views on the less important and 
less essential principles, and unite with respect 
to the main policies for which the party is to 



24 FOUR ASPECTS OF CIVIC DUTY 

become responsible. The resultant solidarity of 
opinion is necessary to secure unity of action. 
The sense of responsibility for the successful 
operation of the Government must furnish a 
power of cohesion which shall prevent the break- 
ing off from the party of a sufficient number of 
its members to make its arm nerveless and to 
take away from it its power of initiative and 
action. That party is the more efficient party, 
therefore, in which the members are more nearly 
united on the great principles of governmental 
policy. I do not for a moment intend to de~ 
preciate the good effect of having in the com- 
munity persons not affiliated with parties, whose 
unbiased judgment will lead them to vote some- 
times for one party and sometimes for another; 
for it may well be that the power of cohesion in a 
party, growing out of its traditions or the desire 
for office or some other motive not the highest, 
shall lead it into apparent unanimity upon a course 
detrimental to the Government and from which 
nothing can save the Government but the with- 
drawal of support by the independent voter. Be 
this as it may, and however useful the inde- 
pendent voter may be, the existence of parties, 



A GRADUATE OF A UNIVERSITY 25 

their maintenance, and their discipline are essen- 
tial to the carrying on of any popular government. 
The difficulty with the politics of France has fre- 
quently been the inability of the leaders to form 
parties large enough to maintain a government. 
There are too many small groups, and the ad- 
ministration is thus likely continually to change. 
It is difficult to classify parties in this country 
as conservative and radical, because the facts do 
not always justify such a classification; but gener- 
ally it will be found that the more efficient party 
in administration is the more progressive and 
more affirmative — more radical, therefore, in its 
policies. The opposing party is usually negative, 
declining to initiate new reforms, looking back to 
a probably non-existent condition of simplicity 
and purity and honesty in public affairs, and 
offering in effect, when successful, a conservative 
and do-nothing administration. Now, young men 
will select their parties, other things being equal, 
according to the natural tendencies of their minds. 
Some men are in favor of progress, affirmative 
action, and radical reforms — a change of the exist- 
ing arrangements for something better. Other 
men naturally prefer the ills we have than to 



26 FOUR ASPECTS OF CIVIC DUTY 

fly to those we know not of, and with their con- 
servative tendencies they will find a home in the 
more conservative party. The independent, re- 
fusing to subordinate himself to the views of 
either party, first votes for one ticket and then for 
another, and thus seems to exercise a more de- 
cisive influence than the regular members of 
either party. Indeed, it is true that as a mass 
the independent voters are generally of great im- 
portance and influence for the betterment of po- 
litical and governmental conditions. As indi- 
viduals, in the exercise of individual influence and 
to accomplish useful purposes, they do not play 
so important a part. If a man goes into public 
life and wishes to secure an influence for good, 
he may properly be chary of breaking his political 
ties with the party of his affiliation, because the 
only real opportunity, the only real avenue that 
he can follow to accomplish permanently useful re- 
sults is by influencing the course and policy of his 
party. As this is a party government, and as 
measures are controlled by party decisions, the real 
progress must be made along party lines ; and if a 
man separates from his party he loses altogether 
any influence he may exert in determining those 



A GRADUATE OF A UNIVERSITY 27 

policies. I do not at all advocate that a man should 
adhere to party against high principle and con- 
viction, but this life is all a series of compromises 
by which little by little, and step by step, progress 
toward better things is made. All the good in 
the world cannot be attained at one breath. We 
must achieve what we can at the time we can, 
and must let other aims and objects of the highest 
good abide a different opportunity for their at- 
tainment. While, therefore, we may not agree 
with all the principles adopted into legislation or 
into executive policy by a party with which we are 
affiliated, we should ordinarily not destroy our 
usefulness and power for good in influencing the 
party in the right direction, by withdrawing from 
it on issues not the most important, if, on the 
whole, we believe that more good can come from 
its success than from that of its opponent. 

Having selected his party and found his poll- 
ing-place and the place for the meeting of the 
primaries, and having ascertained who are the 
men in the precinct and the ward who exercise 
influence over the people, the graduate of a uni- 
versity who takes life as seriously as he should, 
who appreciates his responsibility as a citizen, will 



28 FOUR ASPECTS OF CIVIC DUTY 

spend as much time as he can in learning the local 
situation; in becoming acquainted with the pre- 
cinct and ward leaders, in consulting them as far 
as he can, in making himself acquainted not only 
with the well-to-do and well-educated persons in 
his precinct and ward, but also with the laborers, 
the artisans, the store-keepers, the saloon-keepers, 
in order that he may understand what are the con- 
trolling influences in the primaries and elections 
of that precinct and ward. This will bring him, 
doubtless, into contact with some people whom he 
would not wish to have as permanent associates 
and companions. It is not generally elevating 
to associate with saloon-keepers, and yet there is 
a word to be said upon this subject and with 
respect to them. There are among them honest, 
hard-working men, rising early in the morning 
and staying up late; in the great cities they are 
the proprietors of the social clubs of the neigh- 
borhood for the poor people, and naturally they 
exercise a very considerable influence in the dis- 
cussion of public matters that go on among the 
wage-earners and persons of small means. The 
college graduate is not made of sugar, and he 
ought to be sufficiently strong to resist any evil 



A GRADUATE OF A UNIVERSITY 29 

influence which might some time arise from such 
political associations if they were to become per- 
manent. But if a college graduate is to exert 
any influence at all for good among the people, 
especially when as a young man he can exert his 
influence only or chiefly through personal con- 
tact, he must convince those whose votes he wishes 
to control and use for good purposes that he does 
not hold himself above them; that he is a real 
democrat and recognizes that he has only one vote, 
as they each have but one vote, and that he has 
no right to exercise influence over them except 
as his opportunities for information and his 
knowledge of public affairs justify him in speak- 
ing on such subjects. He must stand on an 
exact equality with men of less education and less 
advantages and must familiarize himself with the 
exact conditions that prevail in local municipal 
and broader politics. In many respects the col- 
lege graduate has as much to learn from the 
workingman and the business man who have not 
enjoyed a college education as they have to learn 
from him. It cannot but broaden his sympathies 
and make him understand his country and its 
needs with more certainty if he associates in po- 



30 FOUR ASPECTS OF CIVIC DUTY 

litical and other ways with those who make up 
the large body of our American citizens. He will 
cease by such association to assume the attitude 
of a dilettante closet critic, and will understand 
the motives and the emotions and the real feel- 
ings of the great mass of the American people. 
As I have already suggested, there is a tendency 
on the part of those having a college education, 
of the class known as " the scholar in politics," 
to ignore the element of sentiment, of patriotic 
emotion, and to assume that everything ought to 
be and will be ultimately determined by nicely 
reasoned processes like those which are often 
postulated in the class-room of the professor of 
economics and political economy. Now, without 
in the slightest minimizing the importance of 
straight thinking in accordance with the great 
principles of political economy and sociology, it 
seems to me wise to emphasize the necessity for 
college men who wish to be useful in political life 
to go into the humblest political movements and 
find out the views, the prejudices it may be, and 
the real needs of their less fortunate fellow-citi- 
zens. 

The tendency of recent years toward reorgan- 



A GRADUATE OF A UNIVERSITY 31 

ization and the economic use of means and in- 
strumentalities to secure efficiency, shown in the 
production of material things, has manifested 
itself in politics also, and has led to much more 
effective political machines, in municipal politics 
particularly, than ever existed before. There are | 
in the governments of many municipalities strik- 
ing examples of the use of official patronage to 
establish and maintain a machine from which it 
is impossible for the voters of the party to wrest 
its power, and which for a time seems to be able 
by the thoroughness of its organization even to 
defy the people at the polls. Every once in a 
while the people rise and defeat the machine 
ticket and then pat themselves upon the back and 
retire again, while the machine in a short time 
resumes its power. It is idle to hope that the 
people may be roused at every political contest 
and defeat machine slates unless there are counter 
organizations made up of younger men actuated 
by the disinterested patriotic desire to select only 
good candidates for office. Such young men, and 
among them certainly ought to be all university 
graduates, should maintain an organization the 
year round, so that they may keep in touch with 



32 FOUR ASPECTS OF CIVIC DUTY 

the continually changing local situation and call 
upon members for action when action is neces- 
sary. Eternal vigilance is the price of good 
government. The professional machine politician 
is always at work, and he can be defeated and 
discouraged only by an organization which can 
be called together like the Minute Men, and may 
know how and when to strike for good government. 
Politics ought to be neither distasteful nor de- 
grading, and men who enter them for the purpose 
of keeping them pure and making them better 
are engaged in the highest duty. "We must meet 
the conditions as they exist. In this country, where 
nearly every adult male has a vote and suffrage 
is exercised by all sorts and conditions of men, 
suitable and proper means must be used, adapted 
to reach the better nature of the electors and 
rouse them to their duty to secure good govern- 
ment by the exercise of their suffrages at the 
primary and at the polls. Organization by good 
men is one of the suitable and proper means for 
achieving this purpose. When the people know 
that agencies exist through which they can secure 
good government, they will be much more certain 
to take an interest and support such agencies. I 



A GRADUATE OF A UNIVERSITY 33 

would not, of course, exclude men of any age 
from the burden of carrying on this work of or- 
ganization, but young men must naturally be more 
active in it. 

It will be entirely natural, especially for those 
who are well-to-do and do not need to earn a 
livelihood, to become candidates for public office, 
and the more that such men offer themselves for 
office the better for good government. Of course, 
in the ideal condition of things the office should 
seek the man; but we do not have an ideal con- 
dition of things, and we never will have. Politics 
are practical, and while it may often occur that 
in an organization of good men, for the purpose of 
lifting politics out of the slough, a man may bo 
drafted for office against his will, it is exceptional. 
There is no real objection to a good man's seeking 
office when he feels himself competent to discharge 
its duties, has a high ideal as to how they ought 
to be discharged, and a commendable ambition 
to serve his country. Certainly, men less quali- 
fied and with less high ideals will seek it, and 
why should the public lose the benefit of a per- 
sonal motive on his part to gratify his desire to 
be of use? 



34 FOUR ASPECTS OF CIVIC DUTY 

But I have talked longer than I ought. I close 
by urging upon the men of Yale their duty, im- 
mediately upon leaving college, to take a deep 
interest in local politics, to learn what they are, 
to study the actual conditions that prevail with 
respect to the electorate, and to affiliate themselves 
with local political movements in order that they 
may find for themselves opportunities for useful- 
ness. If the country is not to avail itself of the 
intelligence, patriotism, and disinterestedness of 
its educated men, and especially of those who can 
devote a large part of their time to public matters, 
it will lose the benefit of the progress that we hope 
we are making by extended higher education. 



II 



THE DUTIES OF CITIZENSHIP VIEWED PROM THE 
STANDPOINT OF A JUDGE ON THE BENCH 

Mr. President, and Gentlemen of Yale: 

The subject for this evening is the second on 
the list — The Duties of Citizenship from the 
Standpoint of a Judge on the Bench. 

I went on the State bench when I was twenty- 
nine years old, and served three years; subse- 
quently, at thirty-two, I went upon the Federal 
bench, where I served for nine years. As I look 
back, I am sure that my knowledge of law when 
I went on the bench was very limited. I commend 
to those who have an opportunity a term on the 
bench as one of the best law schools I know. It 
is true that in this way one gets his legal educa- 
tion at the expense of the public, and tries his 
" 'prentice hand " on the litigants as victims ; but 
after a time, if he is at all apt and anxious and 
earnest, the public makes a good judge of him. 
If he can be kept on the bench after that, he 

35 



36 FOUR ASPECTS OF CIVIC DUTY 

sometimes makes a better judge than an older 
man, with much more experience at the bar; for 
there are men, and not a few, who succeed ad- 
mirably at the bar as counsel and advocates, but 
who, when elevated to the position of a judge, 
cannot drop the habits of a lifetime or forget 
that they are advocates. Still, I do not urge the 
appointment of young men to judicial positions, 
and do not favor a system by which judges are 
given their judicial learning after they are called 
to the bench. 

The first duty of a citizen which is impressed 
on the mind of the judge of first instance, who has 
to try the usual class of cases, is his duty to sit 
on the jury, and to spend the time necessary, 
when properly drawn, to make up the tribunal 
which the common law and the Constitution make 
necessary for the determination of issues of fact 
in common-law civil cases and criminal cases. 
Service on the jury is, of course, just as much 
a part of one's public duty as the obligation to 
pay taxes under the law, or the obligation to re- 
spond to the call of the Government to act in the 
posse of the sheriff, or to testify as a witness when 
duly summoned, or to shoulder a gun when drafted 



A JUDGE ON THE BENCH 37 

into the military service in an emergency. The 
success of a jury system is utterly impossible 
among a people who are not, on the average, intel- 
ligent and above undue influences. Hence a jury 
system must tend to failure if the intelligent and 
honest men of the community regard the service 
as such a burden that they evade it by excuses, 
and leave for selection only the unintelligent and 
those subject to venal motives. 

On a pure question of fact, controverted by wit- 
nesses on both sides and presented to the jury with 
full argument and the comment of the court, a jury 
of intelligent, conscientious men is a most satisfac- 
tory tribunal. Taken from different walks of life, 
containing within the panel men of experience in 
many directions, united they make up a tribunal 
of men of force, who are quite as well able as the 
judge to make their inferences from the evidence 
as it has been drawn out by examination and 
cross-examination, and reach a conclusion of fact, 
not necessarily unerring, but of very consider- 
able accuracy and certainty. But I beg to impress 
upon you the fact which seems frequently to have 
been lost sight of, especially in legislation with 
respect to the procedure of State courts, that the 



38 FOUR ASPECTS OF CIVIC DUTY 

tribunal contemplated by the common law was not 
the jury alone, but it was the court and jury, 
and that the ultimate decisions rested not on the 
verdict of the jury only, but on the verdict as 
approved by the judge holding the court. The 
method of reaching a conclusion at common law 
was after the hearing of the evidence and argu- 
ment of counsel, and after a charge by the court; 
in which the court did not hesitate to assist the 
jury in commenting on the evidence, even to the 
point of intimating an opinion as to the proper 
conclusion to be drawn from the evidence. Thus 
constituted, the jury and the court do make an 
admirable tribunal, if the intelligence of the jury 
is equal to the average intelligence of the com- 
munity at large. There has been a dangerous 
tendency in the legislation in the Southern and 
Western States in regard to the control which the 
judge in the court may exercise over the jury. 
His instructions to the jury are frequently lim- 
ited to a written charge, made before the argu- 
ment of counsel on the facts, in which he is not 
permitted to comment in any way on the facts or 
to assist the jury, except by laying down abstract 
and hypothetical questions of law. In other words, 



A JUDGE ON THE BENCH 39 

the legislation has tended to eliminate the judge 
as far as possible from the influence he was wont 
to exercise in the decision of the tribunal as it 
was when the Constitution made it an essential 
part of our judicial system. With this change 
from the old common-law use of a jury, much 
greater power is vested in the panel than ever 
before, and in many instances the power is abused, 
because the jury takes it into its head that it is 
not only a tribunal to arrive at a decision upon 
a sharp issue of facts presented by the evidence, 
but that it is, in a sense, a legislator to reach 
natural justice without much regard to the law; 
and in suits against corporations, and in many 
instances in spite of the absence of legal liability 
by the corporation, it will act as an almoner of 
its charity, and mulct it in a large sum to meet 
an alleged liability, which in fact and in law does 
not exist. Under such circumstances the obliga- 
tion of the good citizen to discharge his duty as a 
juror is even of higher importance than when the 
power of the jury was more subject to the con- 
trol of the experienced judge who presided over 
the trial of which it is a part. The truth is that 
the law is not so carefully followed, and property 



40 FOUR ASPECTS OF CIVIC DUTY 

rights and other rights are not so well safeguarded, 
and criminals are not punished with the same cer- 
tainty as formerly in communities in which the 
jury has had the reins thrown on its back, and 
practically been given a discretionary power in 
its decisions that was wholly wanting under the 
common-law system. 

The common-law system is preserved in its 
purity in the Federal courts. There the judge still 
maintains the power which he had at common law, 
and which he exercises in English courts to-day, 
not of controlling or directing the verdict, but of 
aiding and instructing the jury in respect to the 
decision which it should reach, in commenting on 
the evidence, and in taking much more complete 
control of the trial than a judge in a Western 
State is now permitted to exercise. And what is 
the result? It is seen that everybody in the 
South and West who is anxious to have a law 
enforced, and is anxious to have the guilty pun- 
ished under it, devises ways and means by which 
the offence can be denounced under a Federal 
statute and brought for trial into the Federal 
courts. There it is known that if a man is guilty 
he probably will be convicted. There it is under- 



A JUDGE ON THE BENCH 41 

stood that the wiles of the criminal lawyer, his 
dramatic resources, and the obstructing policy of 
delays can ordinarily not prevent the law from 
overtaking the offender. Of course this distinc- 
tion between State and Federal courts in the gen- 
eral estimation does not obtain in the older and 
more conservative States of the East, where there 
is usually less departure from the common-law 
system of trial than in the newer and more radical 
jurisdictions. The jury system ought never to be 
abolished in an Anglo-Saxon country in criminal 
cases or, indeed, in sharp and simple issues of 
fact in civil cases, though there are many compli- 
cated issues of fact involved in accounts and other 
matters (as, for instance, the question of inven- 
tion in a patent) with respect to which a jury trial 
is not at all useful. The great advantage of a 
jury trial in a popular government is that it gives 
the public confidence that in criminal cases which 
involve the liberty or life of a citizen and the 
public, he can be assured that there will intervene 
in the consideration of his cause twelve impartial 
and indifferent persons, selected by lot, as a tribu- 
nal to decide upon his guilt ; and that danger from 
prejudice against the accused whom the Govern- 



42 FOUR ASPECTS OF CIVIC DUTY 

ment is prosecuting, which might be suspected in 
a judiciary appointed by the Executive of the 
Government, will be eliminated. The jury sys- 
tem popularizes the court, and gives the people to 
understand that they have not only an interest, but 
also a part in the administration of justice. 

A jury system requires a panel of individuals 
who are able to assume a judicial attitude on the 
issue between two litigants, and to banish from 
their minds all influence of prejudice of any char- 
acter with respect to the parties or the subject 
matter. This judicial quality, this sense of fair 
play, has been developed in the Anglo-Saxon mind, 
more than in any other race perhaps, by long 
training in jury trials. Among the Latin people 
the power of suppressing one's prejudices and 
one's preconceived notions in sitting as judges to 
determine an issue of fact, even under the sanc- 
tion of an oath, seems not natural, and is hard to 
develop. This quality is, of course, better devel- 
oped, other things being equal, in a man of edu- 
cation than in one who has not enjoyed that ad- 
vantage ; and this suggests another reason why the 
obligation on the educated man is greater than it 
is in the case of his less fortunate fellow-citizens. 



A JUDGE ON THE BENCH 43 

One of the great reasons why jury duty is 
evaded by good men is because of the delay, and 
unnecessary delay, that arises in the disposition 
of causes in jury trials in our courts. In trying 
to understand what the common-law trial was, we 
may well look to the English method of disposing 
of cases. Under that system the lawyers are so 
well trained and the judge so skilled in pushing 
the trial that cases which take in this country three 
and four weeks are disposed of there in a day or 
a day and a half. Lawyers are not there per- 
mitted to introduce myriads of witnesses on the 
same point and to be guilty of great prolixity in 
their examinations or in their discussions before 
the jury. The main and substantial points are 
dwelt upon, both in the evidence of witnesses 
and in the argument of counsel, and the counsel 
are not permitted to divert the attention of the 
jury to irrelevant circumstances and to absurd 
theories. The judge retains control and pushes 
the trial, both because it usually results in a 
juster judgment and also because neither the time 
of the court nor the time of the jury ought to be 
taken up with the histrionic exhibitions of coun- 
sel for either side, or with the dragging, tedious, 



44 FOUR ASPECTS OF CIVIC DUTY 

and often irrelevant and unnecessary cross-exam- 
inations of supposedly important witnesses. A 
juryman sitting in a panel and listening to such 
drawn-out controversy, which as a business man 
he thinks ought to he settled in the course of a day 
or a day and a half, will, the next time he is called 
upon, naturally seek to avoid a duty which is not 
a pleasure, but a mere bore by reason of the pro- 
lixity of the hearing. 

A most important principle in the success of a 
judicial system and procedure is that the adminis- 
tration of justice should seem to the public and the 
litigants to be impartial and righteous, as well as 
that it should actually be so. Continued lack of 
public confidence in the courts will sap their foun- 
dations. A careful and conscientious judge will, 
therefore, strive to avoid every appearance from 
which the always suspicious litigants may suspect 
an undue leaning toward the other side. He will 
give patient hearing to counsel for each party, and 
however clear the case may be to him when stated, 
he will not betray his conclusion until he has heard 
in full from the party whose position cannot be 
supported. More than this, it not infrequently 
happens, however clear his mind in the outset, 



A JUDGE ON THE BENCH 45 

that argument, if he has not a pride of first opin- 
ion that is unjudicial, may lead him to change 
his view. 

This same principle is one that should lead 
judges not to accept courtesies like railroad passes 
from persons or companies frequently litigants in 
their courts. It is not that such courtesies would 
really influence them to decide a case in favor of 
such litigants when justice required a different 
result ; hut the possible evil is that if the defeated 
litigant learns of the extension of such courtesy to 
the judge or the court by his opponent he cannot 
be convinced that his cause was heard by an in- 
different tribunal, and it weakens the authority 
and the general standing of the court. 

I knew of one judge who indignantly declared 
that of course he accepted passes, because he would 
not admit, by declining them, that such a little 
consideration or favor would influence his de- 
cision. But in the view I have given above a 
different ground for declining them can be found 
than the suggestion that such a courtesy would 
really influence his judgment in a case in which 
the railroad company giving the courtesy was a 
party. 



46 FOUR ASPECTS OF CIVIC DUTY 

Another duty of citizenship which impresses 
itself on the mind of the judge is that of main- 
taining the supremacy of the law. Ours is a 
government by law; not by rule of thumb, but 
by rules of conduct which have equal applica- 
tion to all. Any exception to the equal operations 
of the law upon individuals is necessarily most 
injurious to the future operation of that law for 
the public good, because one exemption from its 
operation is certain to lead to others. The public 
detriment arising from violations of law, followed 
by immunity from prosecution or punishment, can 
hardly be overstated. It is ; of course, the duty of 
the legislator in the enactment of laws to con- 
sider the ease or difficulty with which, by rea- 
son of popular feeling or popular prejudice, laws 
after being enacted can be enforced. Nothing 
is more foolish, nothing more utterly at vari- 
ance with sound public policy than to enact a 
law which, by reason of the conditions surround- 
ing the community in which it is declared to be 
law, is incapable of enforcement. Such an in- 
stance is sometimes presented by sumptuary laws, 
by which the sale of intoxicating liquors is pro- 
hibited under penalty in localities where the 



A JUDGE ON THE BENCH 47 

public sentiment of the immediate community 
does not and will not sustain the enforcement of 
the law. In such cases the legislation is usually 
the result of agitation by people in the country 
who are determined to make their fellow-citizens 
in the city better. The enactment of the law 
comes through the country representatives, who 
form a majority of the legislature; but the en- 
forcement of the law is among the people who are 
generally opposed to its enactment, and under such 
circumstances the law is a dead letter. This re- 
sult is the great argument in favor of so-called 
local option, which is really an instrumentality 
for determining whether a law can be enforced 
before it is made operative. In cases where the 
sale of liquor cannot be prohibited in fact, it i9 
far better to regulate and diminish the evil than 
to attempt to stamp it out. By the enactment of 
a drastic law and the failure to enforce it there 
is injected into the public mind the idea that laws 
are to be observed or violated according to the will 
of those affected. I need not say how altogether 
pernicious such a loose theory is. General Grant 
said that the way to secure the repeal of a bad 
law was to enforce it. But when the part of the 



48 FOUR ASPECTS OF CIVIC DUTY 

community which enacts the law is not the part 
affected by its enforcement, this is not a prac- 
ticable method. The constant violation or neglect 
of any law leads to a demoralized view of all laws, 
and the choice of the laws to be enforced then 
becomes as uncertain as the guess of a political 
executive in respect to public opinion is likely to 
make it. Such a policy constantly enlarges in the 
community the class of men with whom the sacred- 
ness of law does not exist. 

Last June, in this very hall, I delivered an 
address on the administration of the criminal law, 
and attempted to point out its present inadequacy 
and to explain the reasons why there was such a 
discouraging failure to bring violators of the law 
to justice by reason of the defects of our criminal 
procedure. 

I observe in the public prints a report that a 
distinguished graduate of this university, in his 
well-founded indignation at the present malad- 
ministration or non-administration of the criminal 
law in this country, is represented as justifying, 
or at least as palliating, lynch law. I confess this 
seems to me to be a most dangerous doctrine. It 
is doubtless true that the instances of lynch law 



A JUDGE ON THE BENCH 49 

have been prompted and greatly increased by the 
defects and failures to punish malefactors under 
the lawful procedure in courts. But it is far bet- 
ter that violators of the law go free than that we 
should introduce such a barbarous and altogether 
demoralizing and uncontrollable practice; first, 
because it too often results in the punishment of 
innocent persons, and, second, because it makes 
chaos of our government by law. ^Nothing can be 
more detrimental to the public interest than for 
any part of the people to take the law into their 
own hands. Assembled in a mob, they soon lose 
their conscience; the spirit of the mob, different 
from that of any individual, enters the crowd ; 
and the desire for vengeance prompts it to acts 
of violence and of the most fiendish cruelty. 

The only way to remedy the evil in which lynch 
law is supposed to find a justification is by 
strengthening the hands of the court by repealing 
the absurd laws that give to every defendant too 
much chance to escape just punishment and make 
it as difficult as possible for the State to secure a 
conviction. It should be provided, as has been 
recommended a number of times, that no error in 
the record of a criminal case carried to the Court 



50 FOUR ASPECTS OF CIVIC DUTY 

of Appeals should lead to the reversal of the judg- 
ment, unless it affirmatively appears that but for 
the error a different verdict would have been 
reached. In the United States courts and in the 
courts of England for many years there never 
was an appeal allowed in a criminal case. In the 
trials in the Federal court and in England there 
is little opportunity for playing a game, pursued 
by counsel for the defence in all courts where the 
judge retains but little control of the trial. He 
is not permitted to befuddle the jury and defeat 
a verdict of conviction by a dramatic diversion of 
the minds of the jury from the real points at 
issue; nor is he permitted, after an adverse ver- 
dict, to reverse the judgment of the trial court by 
fine and technical points which it was impossible, 
in the hurry of the trial, for the court below to 
consider or properly to decide. The emotional 
r and untrue doctrine that it is better that ninety- 
nine guilty men should escape than that one inno- 
^ cent man should be punished has done much to 
make our criminal trials a farce. This has come 
about through popular demand, without a full 
understanding on the part of the legislatures and 
the people as to its logical effect. And now that 



A JUDGE ON THE BENCH 51 

the result has come, we find a popular tumult 
on the other side in favor of lynch law because 
the present criminal procedure is inadequate to 
punish men who should be punished. 

It is possible that a remedy for this evil may 
be worked out through a development of the pres- 
ent accumulation of wealth and the abuses which 
have followed the concentration of much wealth in 
comparatively few hands and corporations. The 
arrogance that this has produced on the part of 
some successful men has led them to a willingness 
to evade and escape the laws of the country in 
their pursuit of wealth. In what I had to say 
last night in regard to the right of property and 
the benefit to the world from the accumulation of 
capital, I hope I will not be thought to be blind 
to the abuses that grow out of the possession of 
great wealth by unscrupulous men. Such men are 
quite apt to think that laws are not made for the 
purpose of restraining them ; that they are, in a 
sense, above the law; that they can, by the em- 
ployment of able and acute counsel, who shall ad- 
vise just what the law is and just how its effects 
can be evaded, find some way to be exempt from 
its restrictions. 



52 FOUR ASPECTS OF CIVIC DUTY 

The Sherman anti-trust law was a law enacted 
for the purpose of preventing agreements in re- 
straint of interstate trade and preventing monop- 
oly of trade. It was directed to the restraint of 
the so-called trusts — associations of men who, by 
use of various instrumentalities, constituted a sys- 
tem of unfair and oppressive trade, and induced 
and finally compelled the public to deal with them 
rather than with their helpless competitors. The 
definition of the offences described in the statute, 
and the proof of the circumstances tending to 
make out the offence, are both difficult; and in 
meeting prosecutions against wealthy corporations 
and their managers under this law, as well as 
under the law with reference to interstate com- 
merce forbidding discriminations and secret re- 
bates in favor of certain shippers, the protection 
which has long been afforded to the ordinary 
criminal, and the leniency with which the law 
treats an accused, have inured greatly to the bene- 
fit of these wealthy and powerful violators of the 
law. With the immense fund at their disposal 
for the purpose of defence they are able to secure 
the most acute counsel and make every possible 
point that the looseness of the present criminal 



A JUDGE ON THE BENCH 53 

procedure affords. When this occurred in the 
prosecution of the ordinary criminal the public 
seemed incapable of being roused to the necessity 
for a change. But now that the defects in the 
procedure and administration of the criminal la-w- 
are becoming apparent in the case of the arrogant 
and wealthy violators of the law who seem to defy 
the public, we may hope that a full examination 
will be made into the reason why it is that, if a 
man has money enough to employ counsel, it is so 
difficult to bring him to justice under the system 
now in force. 

May the day be speeded in the reform of our 
administration of the criminal law ! If the escape 
of the ordinary criminal leads to lynch law, what 
may we expect from the escape of the wealthy 
malefactor in these days of unrest, when the com- 
plaints against accumulated wealth and its abuses 
are so many, if the administration of the criminal 
law fails as to them? 

I do not for a moment sympathize in the view 
that everything is corruption and that all the 
picture should be dark and black. I think that 
we have had during our last ten years a decade 
of prosperity never before known in the history 



54 FOUR ASPECTS OF CIVIC DUTY 

of the country; and in the immense sums which 
have been made for the benefit of all of us in the 
prosperity that we all have enjoyed, there are 
some who have taken a larger and an ill-gotten 
share, and who are attempting to maintain and 
increase this share by methods that should be 
reprobated and punished. It is impossible that 
such abuses should not have occurred in prosperity 
so unprecedented. But the abuses furnish but lit- 
tle reason for condemnation of the system unless 
it can be first shown that the prosperity has not 
been general, and unless it can be further shown 
that the abuses of the concentration of much 
wealth in a few hands are a greater detriment 
than the general prosperity is an advantage. 

Just at present we have been passing through 
a siege of attacks upon our social and political 
system by gentlemen whom President Koosevelt 
has properly denominated "the men with the 
muck-rake." Either in order that they may sell 
their articles, or in order that for political pur- 
poses they may stir a spirit of unrest, they ex- 
aggerate the abuses thought to exist in political 
and business life, and give a distorted and there- 
fore a false view of actual conditions. They 



A JUDGE ON THE BENCH 55 

attribute corrupt motives without proof; and by 
dwelling only on instances of evil they destroy, or 
they seek to destroy, the sense of proportion of 
their hearers and readers in a general condemna- 
tion of society at large. There never was a time 
in the history of the world when there was more 
virtue, more charity, more sense of brotherly affec- 
tion, than there is to-day. Could anything be 
more inspiring than the bounteous outgiving of 
money, provisions, and labor for the benefit of 
our fellow-men which was evoked by the dis- 
aster in California? The truth is that the de- 
nunciations of these muck-rakers have reached 
such a point that a reaction has set in, and they 
find that their wares are not as salable as they 
were. They have overdone the picture. Their 
eyes have become so dulled that they have not 
realized that everything they say now is dis- 
counted by the public, as born not of a desire to 
present a just picture but of a desire to be sensa- 
tional at the expense of fact and the expense of 
justice. It is true that there is corruption in 
many of our munipical corporations. It is true 
also that there are on foot substantial and most 
encouraging movements to stamp out the evils 



56 FOUR ASPECTS OF CIVIC DUTY 

that we find in municipal government. It is not 
true that there is great corruption in the national 
Government. Nearly every one who has been at 
all familiar with the national capital for the last 
twenty-five years will admit that there has been a 
very decided improvement in the disinterestedness 
of legislators and the freedom from venality and 
corruption in Congress and the executive depart- 
ments. But let us concede that there have been 
abuses, as undoubtedly there have been, both in 
the violations of law by great corporations, rail- 
way and others, and in the evasion of the anti- 
monopoly and trust laws. What is the remedy? 
Is it not in taking measures to secure the main- 
tenance and supremacy of the law? Is it not in 
looking to those instrumentalities by which such 
violations can be properly suppressed and pun- 
ished ? And that is what so emphasizes the im- 
portance of an improvement in our judicial pro- 
cedure in this respect. Any suggestion that there 
is any other remedy possible for preventing the 
violation of law and these abuses than in the train- 
ing and character of the individual on the one 
hand, and in the strengthening of the arm of the 
law by judicial procedure on the other, is vicious. 



A JUDGE ON THE BENCH 57 

It may be that the enormous accumulation of 
money in the hands of individuals has reached 
such a point that it would be wiser to discourage 
its continuance in the next generation by heavy 
inheritance tax or other methods. Neither at the 
common law nor under the Constitution is the 
right of descent of property or of devising it an 
inalienable right. It depends wholly upon the 
legislature; and, therefore, if the legislature sees 
fit to give a tendency to the division of fortunes, 
and prevent their greater accumulation in the sec- 
ond and third generations, there are ample means 
under our present system, and without revolution- 
ary methods, to bring this about. 

But the point which I wish most to emphasize 
at present is the duty of every one to discoun- 
tenance at every point the suggestion that the 
people at large are to take the law into their own 
hands, and accomplish something by violent and 
radical illegal action against the evils of present 
society. This would be to substitute chaos for 
a government of law. Law must be enforced 
through the lawful executive and through the 
lawfully constituted courts. 

I fear that we must admit that there is not so 



58 FOUR ASPECTS OF CIVIC DUTY 

strongly developed among our people the reverence 
for law and the demand for its enforcement as 
there is among our Anglo-Saxon brethren across 
the sea. Personal liberty and the rights of prop- 
erty are rather more protected under the English 
system than under ours. Newspaper libel is much 
rarer in England than here, for Englishmen seem 
to regard it as their duty to carry such a case into 
court, and the newspaper is usually mulcted if any 
license is taken with their reputations. In this 
country the abuse of the privileges of the press, 
in holding up to unjust criticism and sensational 
condemnation many respectable members of the 
community, has reached such a point that the in- 
jured pass it over, accept it as a burden they must 
bear, and decline to go into court. The delays 
that the courts permit in working out the rights 
of a litigant, and the length of time and the worry 
that are taken up in litigation, all tend to frighten 
the man out of court who has a just cause, and to 
make him feel that it is better to abandon his 
cause than to subject himself to the nervous strain 
and the bitter disappointment of trying to secure 
a prompt hearing and decision. 

The remedy for these defects is both legislative 



A JUDGE ON THE BENCH 59 

and executive. The defects exist less in the Fed- 
eral courts, as I have explained, than in the State 
courts; and that is sufficient to indicate that the 
nearer our State courts approximate to the Federal 
courts in procedure and in the power of the judge, 
the more certainty is there of an improvement in 
the judicial administration in this country. The 
courts are the background of our civilization. The 
Supreme Court of the United States is the whole 
background of the Government. It is the body 
to determine whether Congress is acting within 
its constitutional limitations; to determine wheth- 
er the Executive has exceeded his legal authority. 
It is the last resort and the final tribunal. Its 
power rests not upon its marshals or its con- 
stables, not upon an army under its control or 
a navy whose battleships it may summon; but 
its power and precedent rest upon the suprem- 
acy of the fundamental law which it is its duty 
to declare and to preserve, and whicli it is the 
duty of every citizen to maintain at all hazards. 
It is possible for the intelligent members of the 
community to bring to bear their influence upon 
legislatures to reduce, by a few well-drawn amend- 
ments to the existing procedure, the chances of 



60 FOUR ASPECTS OF CIVIC DUTY 

escape of criminals through the technical meshes 
of the law. It is possible for intelligent members 
of the community to exert, at all times and every- 
where, an influence against the frequently ad- 
vanced proposition that lynch law is justifiable. 
It is possible to create among the good men of the 
community a public sentiment, expressing itself 
through the ballot-box and in other ways, in favor 
of the supremacy of the law and in favor of the 
punishment of wrong-doers. The exercise of such 
an influence is one of the highest duties of citi- 
zenship. 



Ill 



THE DUTIES OF CITIZENSHIP VIEWED FROM 
THE STANDPOINT OF COLONIAL ADMINIS- 
TRATION 

Me. President, and Gentlemen of Yale: 

My subject to-night is, " The Duties of Citizen- 
ship from the Standpoint of Colonial Administra- 
tion." I shall treat this subject by reference to 
the Philippine Islands, with which I am familiar, 
which form the most important dependency we 
have, and present the most difficult problems for 
solution. 

The first Americans to land in the Philippines 
were the army and navy, together with those 
venturesome business spirits that thrive best in 
times of trouble and excitement, when the oppor- 
tunities for making money quickly are good. The 
experiences of our army and navy with Aguinal- 
do's forces, the contempt which the Filipino army 
manifested toward the American troops before the 
beginning of hostilities between them, and the sub- 

61 



62 FOUR ASPECTS OF CIVIC DUTY 

sequent guerrilla warfare, all tended to create a 
bitterness of feeling on the part of our soldiers 
toward their Filipino opponents that could not but 
be shared by the Americans who were on the is- 
lands at that time. It was natural that every 
defect and every weakness of the Filipino char- 
acter should be dilated upon by the American 
soldiers and by those who accompanied them. 
The exigencies presented by the guerrilla war- 
fare required an increase in the American forces, 
until in July, 1900, there were upward of 
65,000 American soldiers on the islands, and they 
were stationed at 500 different posts. Their pres- 
ence in the islands created so large a demand 
for American supplies of food and drink and 
other things, that the few American merchants, 
the only ones familiar with the needs and demands 
of the American soldiers, found themselves with 
a business on their hands that they could hardly 
take care of. Their profits were large. They had 
no need, therefore, to look for other trade or 
patronage. The necessity for cultivating the good- 
will of the Filipinos for business purposes was 
wholly absent, and the fact that their profitable 
patrons were deeply imbued with hostility and 



COLONIAL ADMINISTRATION 63 

contempt toward the native population put the 
American merchants in the same frame of mind. 
It was natural that the American newspapers, 
whose editorial staffs were composed of men re- 
cently in the battlefield, whose subscribers were 
chiefly the soldiers, and whose advertisers were 
the American merchants, should in their atti- 
tude toward the Filipinos reflect the opinions of 
their readers and patrons. The American soldier 
knew little of the Spanish language, and still less 
of the dialects of the country — the Tagalog, the 
Visayan, and the Ilocano. His opportunity for 
communication with the native was exceedingly 
restricted. He said what he meant and meant 
what he said. His manners were those of the 
Anglo-Saxon, abrupt and blunt. The Filipino, on 
the other hand, with a timidity born of years of 
subordination under the Spanish regime, with 
the Oriental tendency to speak that which his 
auditor wishes to hear, and with the courtesy 
which is innate in the race and has been increased 
by the Spanish influence, used expressions which, 
interpreted by Anglo-Saxon standards, were false 
and deceitful, but which, interpreted by men 
who understood the race, were nothing more than 



64 FOUR ASPECTS OF CIVIC DUTY 

courteous commonplace. And so it was that the 
American enlisted man, together with many 
American officers and merchants, looked upon 
every effort to cultivate the good-will of the na- 
tives as love's labor lost; and, if pursued by the 
Government, as likely to result in weakness and 
to invite treachery. 

The progress of the army in subduing the insur- 
rection and establishing civil government enabled 
us in two years to reduce the American soldiers 
on the islands from 65,000 to about 15,000. The 
Americans on the islands, outside of the army and 
the civil servants, have not increased much in 
number since 1900. The demand for American 
goods and supplies from merchants on the islands 
has therefore been much reduced with the with- 
drawal of the army. The opportunity for large 
profit on the part of the American merchants, so 
long content with American trade only, has passed. 
The only possible source of real business and real 
trade which our merchants living on the islands 
can now have is with the Filipino people. The 
promotion of their material and intellectual wel- 
fare will necessarily develop wants on their part 
for things which in times of poverty they regard 



COLONIAL ADMINISTRATION 65 

as luxuries, but which as they grow more educated 
and wealthier become necessities. 

The cultivation of the good-will of the Filipinos, 
who thus may be made good customers, is the one 
course which can create any market among the 
people on the islands for American goods and 
American supplies ; and, if this be true, a policy 
which embitters and renders a whole people hos- 
tile to the American merchants must necessarily 
defeat all hopes of increasing the American busi- 
ness. A merchant who sneers at his customer, who 
calls him names, who turns his back upon him, 
is not likely to keep him long as a customer. It 
hardly needs a business man to see this ; a layman 
may predict it with the utmost confidence. Under 
these conditions in the Philippines it is not strange 
that right under the noses of the American mer- 
chants Spanish merchants, English merchants, 
German merchants, and Swiss merchants do busi- 
ness with the Filipinos. They are engaged in sell- 
ing goods to the Filipino peoples and in exporting 
their agricultural products from the islands. The 
American merchants, feeling the pinch of a loss 
of business, have been disposed to charge it to the 
policy of the Government in declaring in favor of 



66 FOUR ASPECTS OF CIVIC DUTY 

the policy of " the Philippines for the Filipinos." 
They have heen looking for a scapegoat for their 
lack of success in business, and they have selected 
the Government and its policy as the chief object 
of criticism. 

This condition of affairs has been held up by 
anti-imperialists as evidence of the utter unfit- 
ness of the American to attempt colonial admin- 
istration. With the engendering of this spirit, it 
is urged that we cannot hope to create the belief 
among the Filipinos that we are attempting to do 
them good, and that we ought to give up the experi- 
ment. But while such temporary manifestations 
are not encouraging, it is full of consolation to read 
in the lives of Lord Macaulay and Lord John Law- 
rence and Lord Canning of the very great bitter- 
ness with which all their policies for the ameliora- 
tion of the native Indian were attacked by the 
Englishmen who had settled in Calcutta; who in 
their supreme self-satisfaction regarded the inter- 
est of their class, numbering not more than 4,000 
or 5,000, as of much greater importance than the 
interest of the 300,000,000 East Indians. 

I am not, however, discouraged by this first at- 
titude of the American merchants in Manila and 



COLONIAL ADMINISTRATION 67 

elsewhere on the islands toward the Filipinos, be- 
cause a change to a more sensible view is already 
at hand. There is now the strongest motive for 
the American merchant to seek the good-will of 
the Filipinos, in order to secure their business. It 
is colossal egotism on the part of the American 
who goes to the Philippines to suppose that the 
Government of those islands must have its policy 
affected solely by his interests. The United States 
is attempting a solution of a most complex and 
difficult problem. It has been forced into the 
position of becoming a guardian of the archi- 
pelago for the benefit of seven or eight millions of 
people. It has felt it necessary in the discharge of 
this trust to take charge of the islands and create 
a government and maintain it. Its only pos- 
sible justification for this course, according to its 
own traditions and the principles upon which its 
own structure rests, is that the people of the islands 
are not now fit for self-government; that it owes 
a duty to them of maintaining a government until 
the time when they as a people, by actual sharing 
in the government and by education, shall become 
completely fitted to run their own political affairs. 
In other words, the chief characteristic of the trust 



68 FOUR ASPECTS OF CIVIC DUTY 

which we involuntarily assumed is that we must 
conduct affairs in the Philippines with a view 
solely to the interest of the Filipinos. 

This is as far as possible from saying that 
Americans may not go to the islands, may not en- 
gage in industry of any kind, may not be induced 
by hope of good profits to invest as much capital 
as possible in enterprises tending to develop their 
resources. Such a course is in the interest of the 
islands, and should be encouraged by the Filipinos 
themselves; and if the American on the islands 
will only see his own real interest, he will unite 
with the Government in an attempt to conciliate 
the Filipinos as far as possible. It of course inter- 
feres with the success of the Government in con- 
vincing the Filipinos that the United States is 
really not moved by selfish motives, but anxious to 
promote the interest of the Filipino in every way, 
to have the resident representatives of that country 
occupy a position of hostility and contempt toward 
the natives. I should say, therefore, that the first 
duty of the American citizen who goes to the 
Philippine Islands and lives there is to make him- 
self as well acquainted with the Filipinos as he 
can; to cultivate their good-will; to have them 



COLONIAL ADMINISTRATION 69 

understand that the interests of the Filipinos are 
paramount in determining the policy of the United 
States toward the islands. 

The next class of citizens whose duties we may 
consider are the Filipinos themselves. By the 
fundamental act of the Philippine Islands they 
are made citizens of the Philippines. This is to 
distinguish them from citizens of the United 
States, who are entitled to certain constitutional 
privileges for the exercise of which the Filipino 
is not ready. With reference to his treatment by 
every foreign government, the Filipino occupies 
exactly the same position and is entitled to exactly 
the same protection from our Government as an 
American. 

What is the duty of the Filipino citizen of the 
Philippine Islands toward the insular Govern- 
ment? He owes allegiance to the Government, 
and is subject to the duties that citizens ordinarily 
owe to the government that gives them protection 
and looks after their governmental needs. It may 
be admitted that there are many Filipinos who 
would be very glad to have the rule of the Ameri- 
can Government end, and a period of absolute 
independence ensue. The people of the islands 



70 FOUR ASPECTS OF CIVIC DUTY 

have no disposition to come under Japanese rule, 
as has sometimes been suggested. The truth is, 
the unfounded report that the United States ex- 
pected to sell the islands to Japan aroused such 
indignation as to show that the people much pre- 
ferred the United States to Japan as a guardian. 
The poor and ignorant among the Filipinos, who 
number in all about ninety per cent, are not par- 
ticularly interested as to what kind of a govern- 
ment they have, provided they be let alone. They 
are easily influenced by the educated of their own 
race and easily aroused to follow the teachings of 
any Filipino of influence and standing. But taken 
as a class, if some one does not seek to excite them 
they are quiet, peaceable, law-abiding, and not 
interested in politics or government. 

In the other ten per cent, however, there are 
to be found educated persons who deem themselves 
entirely fitted to carry on a government and to rule 
the ninety per cent which I have described. What 
ought a citizen of the Philippine Islands, with 
these views, to do in respect to the Government? 
Legally, of course, there is no doubt that he ought 
to support the Government, or at least not attempt 
to overthrow it; but in the interest of his people, 



COLONIAL ADMINISTRATION 71 

and released from the obligations that the law 
imposes upon him, how ought he to act? Is it 
necessarily patriotism for him to plan to arouse 
his people to an insurrection and destroy or make 
as difficult as possible the government of the 
islands by the United States, or is it his duty 
to uphold the hands of the representatives of the 
United States in doing the work which they are 
sent there to do, to wit, that of guiding the islands 
to peace and prosperity ? Of course it is difficult 
for an Occidental to put himself in the place of 
the Oriental, but I have had a good deal of 
opportunity to study the Filipino people and to 
understand in a dim but still somewhat compre- 
hensive way the characteristics of the race. I 
do not hesitate to say that the strong man among 
them believes that the worst thing that could 
happen to his country would be to have the United 
States abandon it; that it is far better to go on 
as proposed by us, under the sovereignty of the 
Ignited States, with a gradual extension of the 
electorate to the people who show themselves quali- 
fied, and of the governing power to the electorate. 
It cannot be hoped that a purely Filipino govern- 
ment by the educated ten per cent would pursue 



72 FOUR ASPECTS OF CIVIC DUTY 

a policy to lift the other ninety per cent into the 
ruling class and share with them the political power 
which the educated ten per cent expect to wield. 
Indeed, that is exactly what many of the educated 
ten per cent wish to avoid. They are in favor of 
an oligarchy. 

In an examination of the committee of the 
so-called Independence party, conducted by the 
Senators and Congressmen who took the Philip- 
pine trip last summer, the leaders did not hesitate 
to say that in their judgment the Philippine 
people were quite ready for self-government, 
because the ninety per cent were an obedient 
serving class, while the ten per cent were a direct- 
ing or governing class, in every way competent 
to act as such, and thus were able to carry on an 
excellent government. I need hardly say that 
such a government would not meet the views that 
we have as to what a government ought to be. 
The ninety per cent would not be educated or 
trained to become self-governing citizens, but 
would remain in the status which they now oc- 
cupy. It is absolutely true that most of those 
who advocate independence, most of those whose 
voices we hear echoed in Boston and elsewhere 



COLONIAL ADMINISTRATION 73 

in the demand for freedom for the Philippines, 
are persons who have not the slightest idea of 
maintaining in the islands a popular government. 
But it is said the oligarchical government is the 
only kind of government for which the people 
of the islands can ever be adapted. Even suppos- 
ing this to be a plausible view, it is likewise true 
that we could not depend on any stability in such 
a government. The difficulty is that the govern- 
ing class fall out so easily among themselves that 
were we to permit the ten per cent to take charge 
of the Government, we should find that there was 
no cohesion in the governing class; that it would 
divide up into factions; and that almost before 
the Americans had left the islands there would be 
internecine warfare and chaos that would require 
the Americans to return. This is the reason why 
the conservative members of the community are 
satisfied with the fact that the American Govern- 
ment has control over the islands, for they realize 
that no other government in the world could be 
as generous and as disinterested in its manage- 
ment of the archipelago. Under such circum- 
stances it seems to me to be the duty of a lover 
of his race — a citizen of the Philippine Islands — 



74 FOUR ASPECTS OF CIVIC DUTY 

to hold up the hands of the Americans engaged in 
attempting to prepare all the people for the exer- 
cise of gradually increasing political control. 

The truth is that even the ten per cent of the 
Filipinos who long for an oligarchy are in many 
respects wholly unfitted to assume the great respon- 
sibilities of government. They have had very lit- 
tle experience; their views are expressed in ab- 
stract principles. One witness of this class, 
whom I summoned early in the days of our stay 
on the islands, I asked to assist us in the mat- 
ter of the tax laws and to say from what par- 
ticular class and out of what particular prop- 
erty taxes ought to be raised. He said he had 
never given any consideration to that subject, 
because he considered it a mere detail. Another 
body of men of the Independence party, some 
of whom appeared before the Congressmen, had 
at an earlier day come to see me to secure per- 
mission to organize a party for the obtaining of 
independence by peaceable means. I attempted 
to dissuade them from the task at that time be- 
cause there were still guerrillas and robbers in 
the field. I was afraid that in the organization 
of such a party a great many physical-force men 



COLONIAL ADMINISTRATION 75 

would become incorporated as members, and that 
ultimately these very good gentlemen who made 
the proposition to me might be brought under sus- 
picion of the Department of Justice. They said 
to me that they desired to present an argument 
in favor of their plan of independence. They said, 
in writing, that they were fit for self-government 
because they had counted over the number of 
offices — central, provincial, and municipal — and 
had found that while the number was great, they 
were able to select from the people of the islands 
enough educated men to fill every office twice; 
in other words, that if one shift failed for any 
reasons to meet the requirements of office, then 
there was another shift that could take their 
places ; and with these two shifts they regarded it 
as entirely practicable to carry on any sort of a 
complicated government. The force of a sound, 
safe public opinion they regarded as of slight 
importance. 

The men who are in favor of independence 
are not the practical Filipinos. Ordinarily, men 
of property, men of business, men who by the 
virtues of providence and self-restraint and fore- 
sight have succeeded in laying up fortunes, are 



76 FOUR ASPECTS OF CIVIC DUTY 

convinced, as I have said, that it would be the 
worst blow possible to the islands to have the 
Americans leave them now. But the uncertainty 
in this country as to what course the Government 
intends to pursue — the impression in the islands 
that the opposition party intends, when it gets 
into control of this Government, to let the islands 
go — has the effect of making every native in the 
islands, who would otherwise speak out in favor 
of a continuance of the present arrangement, anx- 
ious lest a change may occur, and fearful of tak- 
ing such a position that he may suffer when 
independence is granted. 

Finally I come to the question, What is the 
duty toward the Philippine Islands of the Ameri- 
can citizens making up the American electorate? 
I have heard it stated that our people are get- 
ting tired of the burden of governing those isl- 
ands ; that the business which has come from them 
has not been sufficient to justify the outlay that 
we have made; and that any method of rid- 
ding us of the responsibility for their govern- 
ment will be adopted by the people. I differ 
from this view. I think the American people 
know that they did not seek the burden of carry- 



COLONIAL ADMINISTRATION 77 

ing on the government of the Philippine Islands, 
but that circumstances were such that they 
could not escape it, and that their honor as a 
people requires that they discharge the duties that 
it involves. We are a great and a prosperous 
nation. Here are eight millions of people in the 
tropics, differing very much from our own, yet 
with a capacity for development that justifies our 
making the experiment of educating them — of 
leading them on in governmental practice to see 
if they cannot at length safely walk alone. 

We have already done a great deal for the 
Filipinos. We have organized a good government 
there ; we have given them partial representation 
in it, and we expect to give them a larger repre- 
sentation next year by the election of a popular 
assembly which shall be one branch of the gov- 
erning legislature; we have been educating and 
are now educating in the English language a half 
million of the youth of the islands; we have 
introduced health laws and enforced them; we 
have suppressed ladronism, which was the bane 
of the islands in Spanish days; we have elimi- 
nated the question of the friars' lands. Owing 
to causes beyond our control, we have not been 



78 FOUR ASPECTS OF CIVIC DUTY 

able to bring about a period of great prosperity- 
there; and of course in hard times it is difficult 
to convince the people that the Government is 
not in some way responsible for this. But we have 
given the islands a good sound gold-standard cur- 
rency; we have given them extended telegraph 
and mail communications; and we are just now 
about to begin, with Government encouragement, 
the construction of some seven or eight hundred 
miles of railway. 

It is the duty of the citizen to look at this 
experiment from the right standpoint; to under- 
stand that we are not in the Philippines for the 
purpose of making trade, but that we are there 
to discharge the highest duty that one nation 
can toward another people. It is very probable 
that the trade between the Philippines and the 
United States will increase to such proportions 
as to make that particular trade useful to both 
countries. But we cannot base our conduct or 
action on such a motive. What we do in the 
Philippines must rest on our national duty — a 
duty which is the greater because of our pros- 
perity and ability to discharge it. 

This policy has been sustained in two national 



COLONIAL ADMINISTRATION 79 

elections, and the question therefore arises, "What 
is the duty of the other citizens of the United 
States who have heretofore held aloof from such a 
policy and denounced it ? Ought they not now to 
hold up the hands of the Government and assist in 
every way to make the experiment which, against 
their will and against their express vote, the Gov- 
ernment entered upon? Why should the anti- 
imperialists, so called, now attempt to make what 
we do in the Philippines a failure? Is it not 
a small policy and an unpatriotic one? In the 
beginning the attitude of the anti-imperialists and 
their extreme statements and their apparent re- 
joicing at American defeats undoubtedly con- 
tinued the war of the insurrection a number of 
months and probably a year beyond what it would 
have been had the insurgents thought the whole 
people was behind the Government. 

It is frequently said that Congress cannot give 
the time necessary for governing the Philippines ; 
that it cannot consider their many needs; and 
therefore that our government is not one adapted 
to governing dependencies. I differ from this 
view; and certainly the conduct of Congress 
toward the Philippines does not justify the criti- 



SO FOUR ASPECTS OF CIVIC DUTY 

cism. A number of important acts have been 
passed which have conferred power to govern the 
islands on the Philippine Commission, subject 
only to supervision by the Secretary of War. Con- 
gress has been generally wise to put the power 
where it ought to be — in Manila. 

The truth is, considering the many obstructions 
which we have had to overcome in building up 
the Philippine Government and the Philippine 
people, considering the dreadful agricultural de- 
pression in the islands and the consequent finan- 
cial depression, the present condition of the 
islands is remarkable. One cannot hope to be 
successful in government unless there comes every 
little while a period of prosperity. We have not 
had such a period since we have been in the 
islands. One must feed a man's belly before he 
develops his mind or gives him political rights. 
The pendulum must swing in favor of the islands 
and prosperity of some kind must come. It will 
be greatly aided if free trade between the United 
States and the islands should be established. 
Whether this will happen in the present Con- 
gress, I do not know. That it will come ulti- 
mately, I am confident. That it ought to come 



COLONIAL ADMINISTRATION 81 

at once, I am sure. When it does come, the 
people of the islands will realize how much 
America has done for them. Until that time we 
must expect to be blamed for everything in the 
shape of ill that comes to the islands and we 
must expect to encounter complaints and criti- 
cism from the Filipinos. But their attitude ought 
not in the slightest degree to affect ours or to take 
from us the sense of obligation that we should 
put them on their feet. 

The great principle to guide us is that we are 
to govern the Philippine Islands in accordance 
with the maxim " the Philippines for the Fili- 
pinos." If in the course of a decade or a quarter 
of a century an examination of all the legislation 
of Congress shall reveal, as I hope it may, that 
this was the motive which governed substantially 
every act passed by that body, then it will form 
a great exception in the history of the control of 
dependent possessions by great nations. No one 
has more admiration than I have for the thorough 
and effective method of government pursued by 
England with respect to her colonies, both those 
which are quasi-independent and those which are 
crown colonies absolutely under the control of an 



82 FOUR ASPECTS OF CIVIC DUTY 

appointed government. But generally it will be 
found that in those governments England has pur- 
sued a policy of enlightened selfishness; has, so 
far as she could, recouped herself for any expendi- 
tures by the home Government; and has held 
them primarily with a view to the improvement 
of English trade. Her opium policy with respect 
to Oriental colonies has not been controlled by 
the highest and purest motives; and a large 
part of the income which has done so much to im- 
prove their material conditions, to build roads and 
construct public works, can be traced directly to 
this source. The spread of the use of opium 
among her Oriental subjects is quite discourag- 
ing, and a change in that part of her policy 
ought to made. I do not mean to say that Eng- 
land has not generally looked well after the ma- 
terial comfort and growth and prosperity of her 
subjects in tropical colonies, or that her govern- 
ments have not always made for better civili- 
zation, justice, and security of life and property. 
She has established and conducted excellent gov- 
ernments, maintained fine order, built magnificent 
roads, and in every way made her countries fair 
to look upon. I think it can hardly be said, 



COLONIAL ADMINISTRATION 83 

however, that she has given great time to the 
improvement of the individual among her tropical 
peoples. She has not devoted as much money 
or as much time as she should have devoted to 
the education of her subjects and their prepara- 
tion to take part in governmental matters. In 
this respect her policy is exactly the opposite of 
that which we have pursued in the Philippines; 
and it is supported by the argument, drawn 
from the experiences of men long accustomed to 
deal with tropical races, that it is much wiser to 
keep them in ignorance, to keep them subject to 
control, than to give them by education ideas of 
taking part in the government, which will merely 
foment discussion and agitation which do not 
work for the good of the whole number. 

The most altruistic experiment which England 
has attempted in the management of tropical races 
is what she has done in Egypt, under Lord Cromer ; 
and there she has worked wonders for the people 
of Egypt. She has improved marvellously the 
prosperity of the fellaheen by public works; she 
has encouraged agriculture; she has introduced 
schools and made some attempt at the education 
of the Egyptians. The admiration of people who 



84 FOUR ASPECTS OF CIVIC DUTY 

have visited Egypt for Lord Cromer's policy and 
methods is certainly no greater than has been 
justly deserved; but in the Philippines the prin- 
ciple of our policy is far more advanced than that 
of Lord Cromer's or of England's anywhere. It 
may be that it is too far advanced ; it may be that 
it is an experiment that is doomed to failure ; but 
at any rate it is an experiment that it is wise for 
us to make. We can afford to make it ; and if it 
be a failure, we can afford to accept the responsi- 
bility for the failure. That experiment is the 
preparation, by education and by the gradual ex- 
tension of practice in governmental matters, of a 
tropical people who heretofore have not had any 
practical experience in saying how they shall 
themselves be governed. In beginning this experi- 
ment and carrying it on, it must be understood 
that there are certain things very much in our 
favor, and that there are others which constitute 
very serious obstacles to our success. 

In the first place, we have a people, a tropical 
people, to deal with, who as a people are the only 
Christians in the Orient. That is, there are 
seven millions out of eight millions who are Chris- 
tians, and have been Christians under the influ- 



COLONIAL ADMINISTRATION 85 

ence of Spain and the Roman Catholic Church 
for upward of 250 years. This fact turns them 
naturally to Europe and to America for their 
ideals of virtue and of thought, and for their aims 
and ambitions. This makes them far more sub- 
ject to Western influence than the Mohammedans 
or the Buddhists, both of whom regard the Chris- 
tian religion with contempt and are to that ex- 
tent proof against the civilizing ideas of modern 
Europe and America. 

Secondly, though the people are in a state of 
Christian pupilage, of almost total ignorance, they 
have an ambition, that it is easy to cultivate, to 
take advantage of education. Nothing is more 
inspiring, nothing gives more hope of the success 
of what we are doing, than the interest which the 
poor Filipinos, the " taos " as they are called, 
manifest in having their children receive an edu- 
cation in English. We have not now funds en- 
abling us to educate more than twenty-five per 
cent of the youth of school age in the islands; 
but I am hoping that prosperity will increase the 
funds available for education, and that Congress, 
out of the abundance of this country, will be will- 
ing to contribute as much as the Philippine Gov- 



86 FOUR ASPECTS OF CIVIC DUTY 

ernment itself contributes, thus doubling the edu- 
cational facilities. The great needs are primary 
education and industrial education. Industrial 
education is of greater importance there than in 
this country, because it has a tendency to correct 
a feeling which was left by the civilization of 
Spain, and which is the greatest obstacle that has 
to be overcome — the idea that labor is degrading 
and an evidence of slavery. Industrial education 
dignifies labor. 

The parts of the earth which have been re- 
tarded, the places where there is the greatest field 
for progressive work, both material, intellectual, 
and moral, are in the tropical countries. The 
discoveries of medical science, the knowledge of 
conditions that promote health, have improved to 
such a point that it is much more practicable now 
for people of the temperate zone to live an ex- 
tended period in the tropics without injury to 
health than it was a decade or two decades ago. 
The land of the temperate zones is rapidly being 
absorbed. Profit lies in the improvement of the 
tropical countries; agriculture, mines, and other 
sources of revenue are there; and it is inevitable 
that in the next century the great progress of 



COLONIAL ADMINISTRATION 87 

the world is to be made among tropical peoples 
and in tropical countries. Therefore what we are 
doing in the Philippines is merely a precursor 
of what will be done in other lands near the 
equator ; and if we demonstrate that it is possible 
for people purely tropical to be educated and 
lifted above the temptations to idleness and sav- 
agery and cruelty and torpor that have thus far 
retarded the races born under the equatorial sun, 
we shall be pointing another important way to 
improve the civilization of the world. 

Hence it is that the value of the work we are 
doing in the Philippines rises far above the mere 
question of what the total of our exports and im- 
ports may be for this year or for next year or 
hereafter, or whether they are at present a burden. 
The Philippine question is, Can the dominion of 
a great and prosperous civilized nation in the tem- 
perate zone exercise a healthful and positively 
beneficial influence upon the growth and develop- 
ment of a tropical people? What we have to do 
is in a sense to change their nature ; it is to fur- 
nish, by developing their physical and intellectual 
wants, a motive for doing work which does not 
exist under their present conditions. That this 



88 FOUR ASPECTS OF CIVIC DUTY 

can be done I have no doubt, from what has al- 
ready been done in the islands. But it is a ques- 
tion of time and patience. The tropical peoples 
cannot lift themselves as the Anglo-Saxons and 
other peoples of the cold and temperate zones, 
where the inclemency and rigors of the climate 
demand effort and require labor, have lifted them- 
selves. The struggle that these tropical peoples 
must go through in reaching better things is far 
more difficult; and its outcome must depend, in 
my judgment, on the outside aid of friendly and 
guiding nations. The principle which our anti- 
imperialists seek to apply, that people must acquire 
knowledge of self-government by independence, is 
not applicable to a tropical people. We cannot 
set them going in a decade and look to their future 
progress as certain. We must have them for a 
generation or two generations, or perhaps even 
three, in order that our experiment with reference 
to education, primary and industrial, shall have 
its effect, and that our guiding hand, in teaching 
them commonsense views of government, shall give 
them the needed direction. It is supposed that if 
the Democratic party comes into power it will give 
up the islands and turn them over to the control 



COLONIAL ADMINISTRATION 89 

of the people who inhabit them. I venture to pre- 
dict — although prediction is dangerous — that the 
Democratic party, should it come into power, 
would not assume this responsibility, but would 
proceed on practically the same lines as have been 
followed hitherto. Such a result would be de- 
sirable, because then it would be shown that both 
political parties were in favor of the policy which 
has been instituted, and that the people of our 
country would unite in a great and successful 
effort for the benefit of humanity. 



IV 



THE DUTIES OP CITIZENSHIP VIEWED FROM 
THE STANDPOINT OP THE NATIONAL 
EXECUTIVE 

Mk. Peesident, and Gentlemen of Yaee : 

The subject of my remarks this evening is, 
" The Duties of Citizenship from the Standpoint 
of the National Executive." 

The administration — the President and his 
cabinet officers and others who are part of it — 
naturally thinks that the first duty of a citizen 
with reference to the national Executive is to hold 
up its hands and support all of its policies, and 
be properly tender and gentle in dealing with its 
defects, suspected or proven. It is easy for the 
administration to fall into the view that criti- 
cisms of its policy and misrepresentations with re- 
spect to what it has done, or has not done, seri- 
ously affect the work of the Government and 
interfere with doing it well. When a man has 
great executive responsibility, and finds that his 

90 



THE NATIONAL EXECUTIVE 91 

plans are more or less interfered with by "what ho 
regards as the extravagances and injustices of the 
press, there is an unconscious disposition on his 
part to believe that a restriction of the license 
of the press would be a very excellent thing, and 
that it would prevent the driving away from his 
moral support of the sympathy and assistance of 
the public, which are essential to the ultimate 
success of the plans that he has made for the pub- 
lic good. These demands for restriction of the 
press are likely to be more unreasonable and ex- 
treme in such a place as the Philippines or Porto 
Rico, where misrepresentations and criticisms are 
of vastly more importance, because in those places 
the views of the native population of particular 
matters affect the success of governmental meas- 
ures more directly than they can in this country. 
We are anxious, of course, to impress the Filipinos 
with our disinterestedness and desire for their 
good. The American press of Manila has fre- 
quently been bitter in its denunciation of the en- 
tire Philippine people, and has stirred up among 
them a feeling that we are hypocrites, and that 
there is no real friendliness on our part toward 
them. Yet every effort to secure by legal proceed- 



92 FOUR ASPECTS OF CIVIC DUTY 

ings a restraint of the license of the press, or the 
extravagances and misrepresentations of an ir- 
responsible editor or newspaper proprietor in 
Manila, is a great deal worse than the evil from 
which the complaint arises; because it dignifies 
the issue at once into that of freedom of the press, 
and makes the man who is prosecuted or in any 
way brought into court a martyr for the cause of 
free speech. It is vastly better, if the Executive 
only realizes the truth, that the injustice, com- 
ment, and unjust criticism, and the deliberate 
misrepresentations that sometimes do characterize 
articles in the newspapers, should be left to lose 
their effect by the gradual discovery of the ac- 
tual facts, and of the injustice of the criticism, 
in the events which follow. This duty of citi- 
zenship not to criticise public servants unjustly 
and not to misrepresent the character of their 
commissions and omissions is of course an im- 
portant one; a violation of it is frequently a 
serious hindrance to the accomplishment of valu- 
able results from a patriotic and governmental 
standpoint; but while headlines seem outrageous, 
and while articles seem to be fraught with great 
and vicious results, because they are untruthful 



THE NATIONAL EXECUTIVE 93 

and exaggerated and sensational, the evil neutral- 
izes itself. Our people are intelligent and keen. 
They are ahle after experience to gauge the impor- 
tance to be attached and the confidence to be ac- 
corded to statements so extreme that they bear 
between their lines the refutation of what they 
express. The press is essential to our civilization 
and plays an unofficial but vital role in the affairs 
of government. The discipline of a fear of pub- 
licity, the restraining and correcting influence of 
the prospect of fearless criticism, are of much 
value in securing a proper administration of pub- 
lic affairs. The exercise of power without danger 
of criticism produces an irresponsibility in a pub- 
lic officer which, even if his motives are pure, 
tends to negligence in some cases and arbitrary 
action in others. 

Speaking from a Washington standpoint, the 
standard of newspaper correspondents at the na- 
tional capital, representing all the great dailies 
and all the press associations, is on the whole a 
high one ; higher, I think, than that of any other 
newspaper men, as a class, that I know. Such 
men, when they have established the right to have 
it, as most of them have, share the confidence of 



94 FOUR ASPECTS OF CIVIC DUTY 

Senators, of the leading members of Congress, of 
the Cabinet, and even of the President himself; 
and they are most careful to observe the lines 
which are laid down in these confidences, re- 
straining the extent of their publication. The 
amount of information that the Washington cor- 
respondents have which they do not give to the 
public would surprise most men not familiar with 
affairs in the nation's capital. The truth is that 
the partisan character of despatches that are seen 
in some newspapers is determined rather by in- 
structions from headquarters that by any dis- 
position of the correspondents themselves to give 
a colored account of the facts. 

Another topic that perhaps deserves considera- 
tion here, in discussing the duty of the citizen 
toward the national administration, is the suppres- 
sion of personal feelings in questions of foreign 
policy. How far, when this nation is dealing with 
other nations, either in making treaties, or in mat- 
ters likely to lead to a war, or in actual war, ought 
a citizen, disregarding all party considerations, to 
stand by his own government and hold up its hands 
in achieving a successful result? It would be 
going very far to say that no matter how unjust 



THE NATIONAL EXECUTIVE 95 

a war there ought to be no criticism by American 
people of the conduct of the administration in 
such a crisis. In a free government the right 
and duty to criticise that which is plainly wrong 
obtain and ought to obtain, no matter how critical 
the situation with respect to an international 
controversy. But I submit that the natural atti- 
tude of the partisan toward the administration, at 
times when the country's welfare in war or in 
approaching war is at stake, should be laid aside ; 
that the presumption should be indulged that 
our country is right in its contentions and that 
its opponent is wrong, unless the attitude of our 
country is so indefensible that it is impossible 
to avoid condemnation of those who are respon- 
sible for it. Nothing so interferes with the suc- 
cess of a nation in carrying out international 
matters as a fire in the rear by part of its own 
people. Everything that is said of that char- 
acter is at once repeated in the newspapers and 
public prints of the opposing nation, and strength- 
ens it in its unyielding attitude toward our con- 
tentions. I remember that in an article on this 
subject Secretary Olney deprecated the spirit of 
partisanship that was developed in many of the 



96 FOUR ASPECTS OF CIVIC DUTY 

newspapers and magazines of this country in in- 
ternational matters as compared with the conduct 
of opposition newspapers in such crises in Eng- 
land. Of a similar character is the position taken 
by some with respect to our attempt to set up and 
maintain a government for the benefit of the 
Filipinos in the Philippines. This I mentioned 
last night. If our policy there is to be unsuc- 
cessful — as I hope and believe it will not be — 
this result can be charged largely to the agita- 
tion, unreasonable, bitter, partisan, altogether un- 
just, of the so-called anti-imperialists; who seek 
not merely to criticise and bring to the public 
mind most unfair statements of the defects of 
our policy and its failure, but deliberately to 
embarrass us with the people of the Philippine 
Islands in everything that we attempt to do. 
There are instances in which the spirit of op- 
position to the policy of the Government was 
originally roused by entirely sincere and proper 
motives, but in which there has been developed 
a bitterness of feeling until all fair judgment has 
disappeared and there is substituted an intense 
desire that the arguments in opposition to the 
policy shall be vindicated by the proof of abuses 



THE NATIONAL EXECUTIVE 97 

and by failure of the policy. This attitude, which 
I may call unjudicial and unpatriotic, interferes 
materially with our success in conciliating the 
Filipino people, because they are very responsive 
to any report and have no sense of proportion in 
judging of the credibility and weight to be given 
to such partisan statements. In this country any 
such attitude or course of conduct is unpopular, 
and is generally rebuked at the polls. 

One of the chief reasons for the misjudging 
of the characters of rulers of nations is the 
failure of the critics, the historians, and the peo- 
ple themselves fully to appreciate the actual limi- 
tations and restrictions upon the exercise of a sup- 
posedly unlimited governing power. The most 
absolute monarch has limitations upon his freedom 
of action that are little understood except by those 
who are on the ground and close enough to him 
and his daily walks of life to understand how 
the circumstances hem in the exercise of his 
discretion, limit him in that which he would like 
to do, and prevent absolutely his carrying out 
the ideals which as a free man he would be 
glad to follow. The same thing is in a much 
greater degree true of the power of the Presi- 



98 FOUR ASPECTS OF CIVIC DUTY 

dent and of the members of the administration. 
Take for instance the appointing power. A mem- 
ber of a community remote from the capital, 
studying politics from the standpoint of entire 
indifference, with the critical faculty well de- 
veloped, wonders that a president, with high 
ideals and professions of a desire to keep the 
government pure and have efficient public ser- 
vants, can appoint to an important local office 
a man of mediocre talent and of no particular 
prominence or standing or character in the com- 
munity. Of course the President cannot make 
himself aware of just what standing the official 
appointed has. He cannot visit the district; he 
cannot determine by personal examination the 
fitness of the appointee. He must depend upon 
the recommendations of others ; and in matters of 
recommendations as indeed of obtaining office, 
frequently it is leg muscle and lack of modesty 
which win, rather than fitness and character. The 
President has assistance in making his selection, 
furnished by the Congressmen and the Senators 
from the locality in which the office is to be filled ; 
and he is naturally quite dependent on such 
advice and recommendation. He is made the 



THE NATIONAL EXECUTIVE 99 

more dependent on this because the Senate, by 
the Constitution, shares with him the appointing 
power. It is true that strictly and technically 
speaking he has the initiative and the Senate only 
the ratifying or confirming power ; but practically, 
because of the knowledge of the Senators of the 
locality, the appointing power is in effect in 
their hands subject only to a veto by the Presi- 
dent; and the Senators in turn are hampered, 
first, by the fact that many competent and prom- 
inent men will not accept the places, and again 
by the fact that under our political system there 
is much pressure on them to recognize the party 
services of men who are more active as politicians 
than they are successful as business men. On 
the whole, I think the character of the Federal 
employees the country over is excellent; but of 
course there are exceptions, and it is the ex- 
ceptions upon which the criticism of an admin- 
istration is based, and properly based, because the 
number of the exceptions determines the care 
with which all such appointments are made. 

This naturally leads to the consideration of 
a limitation upon the policies which the President 
may favor or undertake. Under our system of 



100 FOUR ASPECTS OF CIVIC DUTY 

politics the President is the head of the party 
which elected him, and cannot escape responsi- 
bility either for his own executive work or for 
the legislative policy of his party in both Houses. 
He is, under the Constitution, himself a part 
of the legislature in so far as he is called upon 
to approve or disapprove acts of Congress. A 
president who took no interest in legislation, 
who sought to exercise no influence to formulate 
measures, who altogether ignored his responsi- 
bility as the head of the party for carrying out 
ante-election promises in the matter of new laws, 
would not be doing what is expected of him by 
the people. In the discharge of all his duties, 
executive or otherwise, he is bound to a certain 
extent to consult the wishes and even the preju- 
dices of the members of his party in both Houses, 
in order that there shall be secured a unity of 
action by which necessary progress may be made 
and needed measures adopted. I need hardly 
point out, for I have already referred to it in my 
first lecture, the absolute necessity of parties in 
a popular government, and the fact that efficiency 
of government, other things being equal, is greatly 
promoted by party uniformity and solidarity of 



THE NATIONAL EXECUTIVE 101 

opinion. In order to attain this unity of party 
action, in order to make any progress for the 
better, the administration is obliged to give up or 
hold in abeyance measures that it would, other 
things being equal, heartily approve; and, in a 
series of compromises, it is bound to sacrifice some 
of its aims in order to accomplish others more 
important. Now it by no means follows that 
this is on the whole not a useful condition in 
government. \ Popular government must be a 
series of compromises. I The resultant mean is 
often better than the extreme which would be 
reached if an administration were able to carry 
out all its views. A conservative course is the 
result of the very limitation imposed on the pro- 
jected policies of the administration by the neces- 
sity for conciliating the many different people 
and interests that constitute controlling factors in 
a party. It is doubtless true that under our gov- 
ernment of the people things are not done that 
ought to be done ; but on the other hand, if these 
restraining influences were absent, we might be 
led into extreme measures which would be disas- 
trous in their results.l 

The policy of those responsible for the national 



102 FOUR ASPECTS OF CIVIC DUTY 

administration in any respect must be judged as 
a whole, after sufficient time has elapsed to meas- 
ure properly what has been done. It is a very 
unsafe and unfair thing to judge a single act and 
its probable bearing on the rest of a policy of the 
administration; and fortunately the people under- 
stand this fact. In the end, the judgment of the 
people is probably as safe and fair as any judg- 
ment could be, for they take the administration 
of public affairs by and large; and while they do 
not always credit men with the highest and purest 
motives, and recognize that there is much human 
nature in man, they are not searching for reasons 
for distrusting the good faith and the desire for 
good government in their public servants. 

One of the encouraging experiences of men who 
live in Washington and are close to the main- 
springs of national policy, both in Congress and 
in the Executive, is to find how much less in- 
fluential are private interests in the matter of 
legislation and executive action than is generally 
held by critics who are not familiar with the 
situation. The hard work that is done by men 
whose bugles are not blown, the effort that there 
is on the part of legislators and executive officials 



THE NATIONAL EXECUTIVE 103 

to subserve the public interest, cannot be known 
except by intimacy with public affairs. I do not 
mean to deny that at times private and special 
interests do, in fact, exercise an influence to the 
extent of defeating needed legislation; but in the 
end, though it may take one or two or three Con- 
gresses, the sense of public duty and the clearness 
of vision that discussion and deliberation give 
ultimately bring about the kind of legislation 
which the people want, formulated by those whose 
interest in the public welfare is sincere. 

Of course there is a kind of influence at Wash- 
ington that disfigures legislation and retards exec- 
utive action of general importance and interest; 
an influence exercised by those who prefer what 
they suppose to be the interest of a locality or dis- 
trict to the interest of the nation at large. The 
people of congressional districts and of States 
compete with each other through their representa- 
tives in Congress and in the Senate to shape na- 
tional legislation for local advantage; to secure 
the investment of national funds in public works 
and the construction of military posts and other 
great governmental institutions in one part of the 
country instead of another. It is impossible that 



104 FOUR ASPECTS OF CIVIC DUTY 

these influences should not be exerted, and they 
do more or less affect the efficacy of measures 
adopted for a national purpose. But these are 
incidents inevitable in the character of the gov- 
ernment that we have; they are inherent in our 
system; and with the great benefits that proceed 
from the popular basis of our government, we may 
well put up with some inconveniences and minor 
obstacles to the most efficient national administra- 
tion. 

One of the facts that is not often made prom- 
inent is that in our Government at Washington 
there is an entity distinct in many ways from 
the President and Cabinet officers charged with 
the responsibility of the executive policies, and 
distinct from Congress charged with the respon- 
sibility of the legislative policies. For one hun- 
dred and thirty years, since the beginning of the 
Constitution, we have been perfecting the admin- 
istrative departments of the Government. Most 
of the positions in these departments now are 
filled by selection under the civil-service law or 
by promotions from positions thus filled. We have 
a complicated structure, which has grown with 
the needs of the Government; it is an enor- 



THE NATIONAL EXECUTIVE 105 

mous machine, so officered and adjusted that it 
would run itself with great efficiency without a 
President and without a Cabinet and without 
Congress, except for the lack of the appropriation 
of the money necessary to pay the cost. It is an 
organization whose members have been trained by 
long experience, and now, under the civil-service 
law which prevents their being made the foot- 
ball of politics and secures to them a permanent 
tenure of office, are put in a position of im- 
partiality and indifference to other considerations 
than those of the efficiency of governmental work. 
They are, it is true, affected more perhaps than 
they need be by the traditions as to how govern- 
mental work has been done from the beginning, 
but my experience with this machine in two de- 
partments is that generally this routine part of 
the life of the Government (and it makes up 
> ninety-five hundredths of that life) is carried on 
by men who have an eye single to the interests 
of the Government and to the conduct of its 
affairs according to law and according to the pub- 
lic interests. The civil-service law has now been 
in operation more than a quarter of a century, 
and, although violated at first, it has come to be 



106 FOUR ASPECTS OF CIVIC DUTY 

more and more regarded as essential to the life 
of the Government; and it has finally made the 
organization to which I refer indifferent to party- 
changes and unaffected by them, and has greatly 
increased the certainty of proper administra- 
tion. 

I do not mean by what I have said to mini- 
mize the importance of the position of the Presi- 
dent or of the heads of the departments in the 
administration of public affairs. The heads have 
to determine in many instances important ques- 
tions of broad policy; but the aggregate of these 
questions is quite small in proportion to those 
which arise every day and have to be decided by 
men who from long training are even better able 
to decide them than their superiors who control 
the administration. Of course the influence that 
the heads of an administration may have upon 
the whole civil service is very great, if the de- 
termination of the heads of the Government that 
the administration shall be pure and shall not 
be affected injuriously by partisan or other undue 
influence is well understood. It strengthens the 
body of permanent civil servants in their good 
work and secures from them a closer adherence to 



THE NATIONAL EXECUTIVE 107 

the public interests and to the best traditions of 
the service. 

This Government, as you know, is divided into 

three departments — the executive, the legislative, 

and the judicial. It is frequently charged that 

the tendency of the modern Executive is to usurp 

the functions of Congress by seeking to control 

and influence legislation in violation of the spirit 

of the Constitution. I have already pointed out 

the constitutional participation in legislation by 

communications to Congress and by the exercise 

of the veto power, with which the Executive is 

expressly vested; and I have also attempted to 

show what, under our system of politics, are 

the position and obligation of the President as 

head of the party through whose instrumentality 

he must accomplish any progress dependent on 

affirmative legislation. The party traditions not 

only justify but require him to take an active 

interest in it, and so to unify the members of his 

party as to secure that solidarity without which 

initiative for good is quite impracticable. 

History does not bear out the charge that there 
is any usurpation by the Executive of legislative 
functions. On the contrary the tendency is ex- 



108 FOUR ASPECTS OF CIVIC DUTY 

actly the other way. Congress in its legislation 
has frequently failed to recognize a thing which 
the Constitution certainly intended, to wit: free- 
dom of discretion in executive matters for the 
Chief Magistrate and his subordinates. I need 
not go back of the Tenure of Office Act, passed 
by Congress in the administration of President 
'Johnson, by which it was attempted to limit ma- 
terially the power of appointment that the Presi- 
dent certainly has under the Constitution. The 
act was repealed after Mr. Johnson went out of 
office, and I think it is generally recognized now 
that it was an undue stretch of legislative power. 
I do not mean to deny that the line between 
proper legislative limitation upon the mode of 
exercise of executive power and unconstitutional 
restriction is sometimes very difficult to draw; 
but the danger that the Executive will ever exceed 
his authority is much less than the danger that 
the Legislature will exceed its jurisdiction. The 
Commons of England won freedom and brought 
about a popular government through its insist- 
ence upon holding the purse-strings ; and the Con- 
gress of the United States has exactly that con- 
trol over the Executive which enables it at all 



THE NATIONAL EXECUTIVE 109 

times to restrain the exercise of executive power 
by withholding the appropriations absolutely nec- 
essary to the exercise of executive power at all. 
With that dependence upon Congress, the execu- 
tive branch can never be untrammelled in the 
conduct of public affairs. It is always respon- 
sible to Congress to explain what it has done with 
the money already appropriated, and it must al- 
ways make a showing of the money needed for 
executive work during the next ensuing year. In 
other words, the Executive is always a petitioner 
at the door of Congress for the money necessary 
to carry on public affairs; and as long as that 
relation exists the frequently expressed fear that 
the Executive is overshadowing the Legislature is 
merely imaginative — useful for glowing periods 
and party platforms, but for nothing else. 

Life in Washington leads most men who are 
impartial and who take broad views of affairs 
to a condition of reasonable optimism as to the 
progress toward better things. The account that 
one receives of the defects of earlier administra- 
tions and the corruption that at times prevailed 
shows that we have made great improvement ; and 
it is not unfair to say that there is a high standard 



110 FOUR ASPECTS OF CIVIC DUTY 

of morality and public conduct throughout all the 
departments and the executive and legislative 
branches of the Government. I do not mean to 
deny that there are individual instances of neglect 
of public duty and possibly of corrupt methods; 
but, on the whole, one who is familiar with the 
workings of the Government at Washington may 
well take heart and courage at the general level of 
good and honest legislation. Efficiency of adminis- 
tration has been greatly promoted by the widening 
of the application of the civil-service law; which 
has so reduced the calls upon the time of the heads 
of the departments and the President that they are 
able to give to matters of public interest a great 
deal of time which before the enactment of this 
law was taken up in discussing the merest details 
as to the selection of clerks. 

There has been a question mooted whether it 
would not be wiser to allow Cabinet officers to take 
part in the debates of Congress, as do the Eng- 
lish parliamentary executive leaders, who are 
really elected as legislators to begin with and are 
selected as executives afterward. I am inclined 
to think that it might aid much the deliberations 
of Congress if such a policy were adopted, but 



THE NATIONAL EXECUTIVE 111 

there are inconveniences connected with it that 
perhaps will forever prevent a change of this 
character. 

The disposition of the Legislature to investi- 
gate and criticise executive action is one of the 
most important influences toward a better gov- 
ernment that exists in our system. Investiga- 
ting committees of Congress are always at work; 
and the fear of such investigations, the fear of 
just criticisms on the floor of either House, has 
a most salutary and restraining effect upon the 
naturally wasteful and somewhat arbitrary dis- 
position of human nature in the exercise of power. 
On the whole, when one looks into the system of 
government at Washington and regards it from 
the standpoint of an impartial, tolerant citizen and 
critic, taking into consideration all the limitations 
of structure and constitution which prevent any 
government from becoming a perfect machine, he 
cannot but reach the conclusion that we are a for- 
tunate people, who have progressed far in the 
development of an efficient public service and 
in vindicating the theory of popular sovereignty. 



UNIVERSITY OF CALIFORNIA LIBRARY 

Los Angeles 

This book is DUE on the last date stamped below. 



1Q72 

MAR 1 9 1972 

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