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ALMA MATER 

rhof.'xjnivi / '■<: »f the Statue, by Unuiel <■'. French 

The colossal figure <•[ !• rench'* A; ma Mater adorns the fine suite of .-tone slops 
leauin^ up to the picturesque hhrary liuiliiing of ("olmuhiu University. Ir is a 
Imntze statue, gilded with pure ^'uhl. The female figure ty jiit'v nijr " Alma Mater 
is represented us sittinu' in a eiiair <-f cia — ie shape, her clhnws resting on the arm* 
.it' the chair. iWh hands :uv raise- 1. T.e li^ht hand Imld* ami i> supported liv a 
sceptre. On her head is a ela--ic wreath, and «.tt her lap lies an <>j>en hook, from 
which her eyes seem to have j i< ; .een rai-ed in meditation. Drapery falls in *etui- 
eh-ie I'dds t'runi her nc k to her -andallcd feel, only [lie arm-- and iteek heing left 
ii ire. 

Kvery I'niver-Uty man eherishe- a kindly feeling for his Aima Mater, and the 
famous Amerieau >eulptor. Daniel (.'. French, lias heen most successful in his artistic 
i -cation of (Jie " |-Y^tetin<r Mother" spiritualized — the famili ar ideal of the mother 
i t minds trained to thought and eon-cciatcd to intellectual service. 



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International 



University Lectures 



Delivered by the Most Distinguished 
Representatives of the Greatest 
Universities of the W orld 



At the Congress of Arts and Science 

Universal Exposition, Saint Louis 



VOLUME IX. 



NEW YORK 

I AL] 
1909 



UNIVERSITY ALLIANCE, Inc. 



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COPYRIGHT, 1909 



BY 



University Alliance, inc 



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TABLE OF CONTENTS 



VOLUME IX 



POLITICS 

Conceptions of Nineteenth Century Politics 

By William Archibald Di nm.m,, Professor of Political 
Philosophy, Columbia University. 



Tendencies of the World's Politics 23 

By Elisiia Benjamin Andrews, Chancellor of the Univer - 
sity of Nebraska. 

Problems of Political Theory 43 

By Gi;qk(E Gkakton Wilson. Professor of Social ami Po - 
litical Science, IT. S. Naval College. 

National Administration 63 

By James Bhyci:. Ambassador to the United States from 
ftreflt Britain. 

Diplomatic Representatives 85 

By John Watoox Pontes, Diplomatist. 

Contemporary Development of Diplomacy 107 

By David Jayne Hill, United States Ambassador to Ger - 
many. 

Municipal Administration 1J3 

By Jane Appams. Head of Hull House Settlement, Chi - 
cago. . 

Bibi.iikraphy: Department of Politics 154 



til 



AS 3 




EALlL 

. 1 



CONTENTS-Continued. 



SOCIOLOGY. 

PACK 



Social Regulation 1C1 

By A. Lawbenck Lowell, Professor of the Science of Gov - 
ernment, Harvard University. 

Function of the Family 181 

By Gkori k Ku.iott Huwahu, Professor of Sociology, Uni - 
versity of Nebraska. 

Social Problems of American Farmer:, l'J7 

By Kk.nyon I.kixii BiTTKnrin-n. President of Rhode Island 
College of Agriculture and Mechanic Arta. 

The Urban Community L'l!) 

By J. Ja8tbow. Professor of Political Economy. University 
of Berlin. 

The Industrial Group — Labor and Capital L'37 

By Wlk.nkk Sombaht. Professor of Political Economy, Uni - 
versity of Breslau. 

Indus tria l Ev olution 251 

By Richahd T. Ely. Professor of Political Economy. Uni - 
versity of Wisconsin. 

Social Policy Relating to the Dependent Group 271 

By Chables Richmond Hendkbson, Professor of Sociology, 
University of Chicago. 

The Problem of Poverty 295 

By Emu. MU.nstkrukr<;, President City Charities, Berlin. 

BiBLiocBAPHY Department of Social Science 318 



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FULL PAGE PHOTOGRAVURE PLATES 

VOLUME IX. 
Illuminated Stmlolic Frontispiece. 



pace 

Right Honorable Jam eh Bryce, Ambassaikw to U. S G!> 

The Banquet op Plvto , 1C3 

Feast of Lucullus 275 



THE FUNDAMENTAL CONCEPTIONS OF NINE- 
TEENTH CENTURY POLITICS 



BY WILLIAM ARCHIBALD DUNNING 

[William Archibald Dunwiwo, Lleber Professor of History and Po- 
litical Philosophy, Columbia University, b. Plalnfleld, New Jer- 
sey. A.B., A.M., Ph.D., LL.D., Columbia University. Fellow, Lec- 
turer, Adjunct Professor, and Professor, Columbia University. 
Member of American Historical Association; American Political 
Science Association; New York Historical Society; Massachusetts 
Historical Society (corresponding). Authob of Essays on the 
Civil War and Reconstruction; History of Political Theories. 
For nine years managing editor of Political Science Quarterly.] 

When Louisiana was acquired by the United States the 
politics of the world was centered about a single nation, 
and the politics of this nation was centered about a single 
individual. France and Napoleon epitomized the domi- 
nant principles of the day; revolutionized France meant 
liberty and equality, the rights of man, national democ- 
racy ; Napoleon meant the resistless armed might of demo- 
cratic propagandism. Before the enthusiasm of the 
French nation and the genius of their chosen leader the 
principles, the practices, and the men of the old regime 
vanished from Western Continental Europe. Only in 
Russia and in the British Isles did conservatism find a se- 
cure refuge, and from these points of support, with the 
principles and material resources of England as its chief 
dependence, it waged unrelenting war on all things French 
and all things Napoleonic, and in the end it was triumphant 

With 1815 came the termination of the long wars; the 
smoke and shouting of battle passed away and the read- 
justment of institutions and political systems began. Re- 
action was manifest everywhere; the dogmas and the men 
that for nearly twenty-five years had cowered in the re- 

l 



2 NINETEENTH CENTURY POLITICS 

motest and obscurest hiding-places of the Continent, now 
assumed control of political life, and a war of extermina- 
tion was entered upon against everything that had been 
identified with the Revolution. But the work of the 
French Republic and the Napoleonic Empire had been too 
thoroughly done throughout western and central Europe 
to permit of ready eradication, even by the drastic methods 
employed by Metternich and his satellites. Liberalism, 
proscribed and hunted by the triumphant powers, lived 
nevertheless, and resisted its adversaries with the weapons 
that were nearest at hand— conspiracy, assassination, in- 
surrection — as well as by ceaseless agitation and debate, 
so far as these were permitted in practical politics, and at 
last, but only when the middle of the century had been 
reached, it had secured a definitive triumph throughout the 
better part of Europe. After the revolutionary wave of 
1848, the prevailing governmental systems, as well as the 
prevailing beliefs in both scientific and popular thought, 
expressed with more or less completeness the principles for 
which the liberals had contended. And far more fully 
than anywhere in Europe, these principles pervaded the 
government and the general life of that growing people 
across the Atlantic, whose development had already begun 
to make them a factor of large significance in the affairs 
of the civilized world. 

I 

This conflict between liberalism and conservatism, then, 
may be taken as marking in a general way a period in 
nineteenth-century politics. The influence of the antithesis 
of doctrine appeared in every phase of the political life 
of the time, and in most phases this influence was de- 
cisive. In the internal affairs of every country, the strug- 
gle for the realization of liberal ideas furnished the most 



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FUNDAMENTAL CONCEPTIONS OF 3 



conspicuous incidents. France was the recognized leader 
and gave the impulse to all Europe in this respect, and the 
history of her party politics is merely a recital of the strife 
of liberalism and conservatism. Spain and the Italian 
states exhibited a series of transformations in govern- 
mental institutions with the same division as the basis. 
The German states experienced many vicissitudes of agita- 
tion and insurrection, but the hand of Metternich was 
strong in central Europe, and while liberalism got a foot- 
ing in some of the smaller states, the time of the greater 
did not come until 1848, and even then the success of the 
liberals was but temporary in Austria and greatly qualified 
in Prussia. England felt the effect of the spirit of the 
times in the great struggles for Catholic emancipation and 
Parliamentary reform and in the abortive movement of the 
Chartists. Even Russia had a little experience of upris- 
ing for liberal government in 1825 at the accession of the 
first Nicholas, and a very serious experience with the com- 
bination of liberalism and nationalism in the Polish war of 
1830. And finally, at the other extreme, across the At- 
lantic, the United States exhibited the influence of the 
Zeitgeist by the transition from the Jeffersonian to the 
Jacksonian type of democracy. When we glance at the 
international politics of the period we find the same influ- 
ence largely operative. The grouping of the great powers 
in reference to their policy of supervision over the affairs 
Europe was frequently determined by the real or as- 
sumed bearing of the policy on the great issue between 
liberalism and conservatism. Metternich's astute sugges- 
tion that the Greeks, in their struggle for independence, 
were liberals in insurrection against their legitimate sov- 
ereign, the Sultan, illustrates the potency of the leading 
idea of the time, as a force for diplomats to conjure with. 
The policy of England toward Spain's American colonies 



4 



NINETEENTH CENTURY POLITICS 



during the twenties, with the incidental though hardly an- 
ticipated result of our own Monroe Doctrine, had for its 
foundation Canning's dislike of ultra-conservatism, while 
the long and influential entente between the English re- 
formed government and the government of Louis Philippe 
rested notoriously on the sympathy between the leaders 
of political thought in the two countries, as opposed to 
the autocratic and reactionary influence represented by the 
three Eastern powers. 

Assuming, then, that the struggle between liberalism and 
conservatism was the characteristic mark of the practical 
politics of the period extending to the middle of the cen- 
tury, let us consider what were the principles of political 
science that were involved in the struggle and its result. 

Fundamentally, nineteenth-century liberalism meant de- 
mocracy. Its ultimate aim was to break down the bars 
which excluded from political life the classes of people 
whose intellectual, social and economic significance was be- 
coming unmistakably predominant For its immediate aim 
it demanded liberty and equality. The content of these 
much-abused terms was explained in accordance with the 
philosophy of the eighteenth century, that is, by the dogmas 
which had been demonstrated by Montesquieu and Rousseau 
and had been formulated in the Declaration of the Rights 
of Man. Liberty was held to consist in a series of rights 
defined by nature itself, and equality in the possession of all 
these rights by every man by the fact of his humanity. 
Within the sacred circle of these rights no governmental 
power could intrude. Against every claim of authority to 
do so as derived from God or custom or tradition was 
opposed the decree of supreme and beneficent nature. The 
precise character of nature — this kindly source of human 
rights — was no less variously and indeterminately defined 
by nineteenth century than it had been by eighteenth-cen- 



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FUNDAMENTAL CONCEPTIONS OF 6 



tury philosophers; and the list of rights that were deduced 
by laborious speculation from nature in the abstract bore a 
suspiciously close resemblance to one which could be com- 
piled from the very concrete constitutional law of England 
and the United States. Yet nature — whatever the diver- 
sity of ideas connoted by the term ; and nature interpreted 
by reason, regardless of the skeptic's query, Whose reason ? 
— continued throughout the period we are discussing to be 
the ultimate basis of the liberal creed. 

It was, however, in regard to civil rather than political 
rights that the code of nature was considered conclusive by 
all shades of liberals. As to political rights, especially that 
of the Suffrage, liberalism was much divided. The more 
extreme spirits in its ranks were quite sure that nature and 
reason immutably prescribed participation in all the func- 
tions of government as the right of every man. Less radi- 
cal elements found in nature the right of representation, but 
not of participation, in political functions; and many were 
loath to admit that even participation in the designation of 
a representative was within nature's gift to every man. 
Finally those liberals who shaded imperceptibly into the 
ranks of conservatism itself, maintained that while nature 
enjoined indisputably the guarantee of civil rights to every 
man, the assignment and enjoyment of political authority 
was a matter of human expediency, varying with times, 
places, and circumstances, and not determinable a priori. 
Liberty for all, authority for the qualified, was the maxim 
of this school. 

The list of names identified with these various shades of 
purpose and belief — the honor-roll of early nineteenth-cen- 
tury liberalism — includes many which have no meaning to 
the present generation, but a few which still symbolize some- 
thing distinctive in theory or in practical achievement. 
France furnishes Benjamin Constant, Royer-Collard, Guizot, 



6 NINETEENTH CENTURY POLITICS 



Tocqueville, Lafayette, Comte, Louis Blanc; Germany gives 
Fichte and Hegel (whose systems, conceived in the spirit 
of liberty, had, however, the defect of extremely refined ab- 
straction, that they could be as readily adapted to the sup- 
port of reaction as of progress), Rotteck, Welcker, and the 
ultimately Americanized Lieber; England offers Bentham 
and his radical followers, Grote, the two Mills, and the re- 
doubtable Brougham; Italy gives Mazzini, and all Europe 
the group of devotees who worshiped the thought and 
carried into operation the wild schemes of that amiable 
fanatic 

The conservative opposition to the views and purposes 
represented by the foregoing names was embodied for the 
most part in the royal and aristocratic classes of the old 
regime. Its practical spirit was expressed in that curious 
intermonarchic agreement known as the Holy Alliance; in 
the forcible interference to suppress constitutional govern- 
ment in Italy, Spain, and elsewhere ; in the rigorous espion- 
age and censorship over thought and expression throughout 
Europe; in the bitter resistance of the aristocracy in Eng- 
land to the diminution of their ancient prerogatives by Par- 
liamentary reform ; and in the extreme assertions of aristo- 
cratic and monarchic privilege which led to the explosions 
of 1830 and 1848. Philosophically, conservatism expressed 
itself in three theories: First, that of the divine right of 
the old monarchic and aristocratic order — that political au- 
thority emanated from God and could not be questioned by 
any merely human agency; second, the theory that if nature 
were to be consulted at all as to the basis of political organi- 
zation, her answer would be that inequality and not equality 
was the universal principle among men, and that, therefore, 
aristocracy and not democracy was the order of nature; 
third, the theory that the appropriate social, legal, and po- 
litical institutions for any people were to be discovered, not 



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FUNDAMENTAL CONCEPTIONS OF 7 



through any assumption as to the nature of man in general, 
but by a consideration of the character of the particular 
people as revealed in its history, and that the institutions 
which had come to prevail at any particular time through 
peaceful development must be presumed to have more in- 
herent justice and validity than any others that might be 
suggested. 

Of these three views, the first, which defended absolute 
monarchy on the ground of mystical divine right, was al- 
ready antiquated, and in the prevailing rationalism found no 
adherents save a few obscurantists. The second view had 
a more intellectual support, and was sustained in a manner 
that at times manifests no little force by Ludwig von Haller, 
whose bulky volumes are now rarely opened. The third 
view characterized the most moderate of the conservatives 
and determined the actual solution of the problems of the 
time. It afforded a ground on which the least extreme of 
both liberals and conservatives were able from time to time 
to stand together. It triumphed in the Whig reforms in 
England and in the July Monarchy in France, and it pro- 
foundly influenced, if it did not fully control, the applica- 
tion of that principle which on the whole expresses most 
fully the contribution of this period of the nineteenth cen- 
tury to political science, — the principle, namely, of con- 
stitutionalism in both state and government. 

Let us consider for a moment the source and nature of 
this principle. To liberals of every shade in this period, the 
indispensable token and guarantee of the liberty which they 
sought was a body of law which should to some extent con- 
trol and determine the power and procedure of the persons 
who exercised political authority. With few exceptions, 
the liberals demanded that this body of law be expressed in 
a written document. "Constitution" came to mean specific- 
ally "written constitution," and the triumph of liberalism is 



8 NINETEENTH CENTURY POLITICS 



no more significantly shown than by the fact that at the 
middle of the century a great majority of states in the civ- 
ilized world were equipped with instruments of this kind. 
But the written constitution was so intimately associated in 
origin and character with revolution that the established 
conservative powers could never contemplate it save 
with abhorrence. Its earliest appearance had been in the 
abortive efforts of the English Independents during the 
Puritan Revolution to formulate an operative system that 
should embody their ideals; it had been resorted to in 
America on a large scale when the colonies separated from 
the mother country; and it had figured multitudinously in 
France between the Bourbon of 1789 and the Bourbon of 
1815. 

Moreover, the content as well as the history of the written 
constitution made it an object of abhorrence to ultra-con- 
servatism. Two features were generally insisted upon as 
indispensable: first, a distinct enumeration of the rights of 
the individual with which government was under no cir- 
cumstances to interfere ; second, a description of the organs 
of government and a body of rules determining their actual 
operation. The individual rights normally secured were 
those that had come to be known as natural rights, and the 
organs of government with which the practice of written 
constitutions was associated included some form of popular - 
representative assembly. But both natural rights and popu- 
lar representation were, of course, diametrically opposed to 
the ideas of the old regime, and, furthermore, the most fun- 
damental conception of the nature of state and government 
that underlay the theory of a written constitution was un- 
acceptable to conservatives of every shade. For to the 
liberals the constitution was the expression of the people's 
will, and had no more of permanence or immutability than 
that will. As Rousseau had demanded on principle, and as 



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FUNDAMENTAL CONCEPTIONS OF 9 



several of the American states had undertaken in practice, 
the people must assemble in convention at not infrequent in- 
tervals to declare whether they would longer maintain the 
existing system. State and government, in other words, 
were mere creations of the will of certain groups of in- 
dividuals, and a constitution was merely the formal expres- 
sion of that will at any given time. 

Upon this view of political fundamentals conservatives of 
every shade made aggressive war. The high priests of 
autocracy saw only horrid sacrilege in any meddling by the 
common people with the divine mystery of the state. To 
suppose that any written phrases, open to the interpretation 
of the vulgar, could express the essentials in political life 
was to the obscurantists and mystics supreme foolishness. 
No constitution, declared Joseph de Maistre, the most bril- 
liant exponent of this view, results from deliberation. In 
every constitution there is something that cannot possibly 
be written — that must be left in venerable obscurity under 
penalty of destroying the state. The more there is that is 
written, the feebler is the political structure. When a na- 
tion begins to reflect upon itself, its laws and its life are 
already determined. Sovereignty is an emanation from 
God himself, and man must not tamper with it. 

Something of the spirit of these phrases of de Maistre 
appears also in the thought of the scientific and the historical 
schools of conservatism. To the theory that the state is 
made, they oppose Topsy's idea, that it merely grows. 
Burke's glowing denunciation of the French Revolution 
gives the keynote of their cry. Men are in the state and 
subject to government, not through their own deliberate 
choice, but through an inexorable decree of their nature. 
The constitution of a given political society is never to be 
found in any document, however carefully framed and how- 
ever solemnly proclaimed as the fundamental law. The 



10 NINETEENTH CENTURY POLITICS 



bond which truly unites and determines a people in their 
social and political life consists in the aggregate of the num- 
berless conventions and understandings through which in 
the course of ages the varying relations and institutions of 
the community have been developed and adapted to its great- 
est convenience. In other words, — and in the phrase which 
became the distinguishing mark of a prevailing school of 
political philosophy, — the state is not a mechanism, but an 
organism. There is, indeed, a mystery in the state, but it is 
the mystery of all life and growth ; and the remedy for in- 
tolerable ills in the state, as in the individual, is not the char- 
latan's panacea of death and resurrection, however attract- 
ive and logical the prescription may appear, but the wise 
physician's careful study of the history and character of the 
particular condition, followed by the removal of defects in 
this organ and in that, without any pretense of touching 
the life principle itself. 

This general view was that on which the practical consti- 
tutionalism of the first period of the century was worked 
out. It was the doctrine which the reforming Whigs in 
England applied, as against the demand of Bentham, and 
the Radicals for a remodeling of institutions in accordance 
with their a priori scheme. It was the doctrine which in- 
spired the famous protest of Savigny against codifying and 
thus assuming to stereotype German private law. It was , 
the doctrine, finally, which is clearly revealed by an exami- 
nation of the content and working of the constitutions that 1 
resulted from the agitations of the period we are discussing. 
These constitutions were, indeed, written constitutions; but 
how different in character from the type which had been 
conceived in the enthusiasm of the early Revolution! In 
many cases the actual document announced itself to be, not 
the deliberate expression of a people's will, signifying their 
choice of government, but the grant of certain institutions 



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FUNDAMENTAL CONCEPTIONS OF 11 



by a monarch to his subjects. Liberties were indeed guar- 
anteed to the man and the citizen, but rarely the sweeping 
immunities that had figured in the Declaration of the Rights 
of Man. A representative legislature was in every case pro- 
vided for, but rarely so organized as to interfere with the 
ancient domination of the aristocratic classes, or endowed 
with such power as to insure the development of more popu- 
lar institutions. And above all, there very early appeared 
the vexed question of the right of interpretation — the ques- 
tion which in the long run showed to every one that a writ- 
ten constitution was not a remedy for all the ills that poli- 
tical life is heir to, but merely a palliative for some particu- 
lar evil conditions at some particular times. It was under 
color of an interpretation of a written constitution that 
Charles X of France issued his July Ordinances and precipi- 
tated the Revolution of 1830; it was by an interpretation 
of the Prussian constitution that Bismarck carried through 
his policy of the conflict time — an interpretation, moreover, 
which he, with characteristic cynicism, readily abandoned 
when it ceased to serve his purpose ; and it was through in- 
terpretation that the constitution of the United States — the 
written constitution par excellence, the most wonderful in- 
strument, according to Mr. Gladstone, ever struck off at a 
given moment by the thought and purpose of man — was 
made the basis for the resolute efforts of two great masses 
of fellow citizens to annihilate each other. 

The written constitution had, indeed, done its work by 
the time it had become generally prevalent. In its true char- 
acter it was found to be not an indispensable feature of every 
sound political system, but merely an ingenious expedient 
for facilitating the transition from one system to another. 
Through it the political ideals and characteristic principles 
of the eighteenth and early nineteenth centuries have been 
crystallized and put into form for permanent exhibition. 



12 



NINETEENTH CENTURY POLITICS 



Political antiquarians are thus enabled to study the past at 
their ease; lawyers can wrangle and construe and assert — 
sometimes with real belief at the basis of their assertion — 
that in the articles and sections and phrases and words of 
the document are to be seen the essence of the state ; but be- 
hind and all around the scanty code the real life of the body 
politic goes serenely on, regardless of all the puny efforts to 
cramp and fetter it. 

In the development of nineteenth-century constitutional- 
ism, the chief types — the unwritten and the written, or, in 
the terms suggested by Mr. Bryce, the flexible and the 
rigid — have been furnished by Great Britain and the United 
States respectively. In the long run the British type has 
proved the more permanent ; for the limitations on govern- 
ment and on sovereignty itself, which were originally the 
characteristic mark of American constitutionalism, have in 
large measure disappeared, and on the impressive but un- 
stable foundation of necessity and destiny has arisen for the 
contemplation of mankind that structure which to the fore- 
fathers would have seemed such a monstrosity — the unwrit- 
ten constitution of the United States. 

n. 

The second period of the nineteenth century, embracing 
the decades from the sixth to the ninth inclusive, has, for the 
controlling topics of its politics, both theoretical and prac- 
tical, nationalism and socialism. This is the period of Bis- 
marck and Lincoln, of Karl Marx, and, equally significant 
in the opposite sense, of Herbert Spencer. The constitu- 
tional liberty of the individual, secured by the strenuous 
struggle of the previous decades, was now subordinated 
to the demand for national unity in governmental organiza- 
tion and for majority rule in economic organization. 



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FUNDAMENTAL CONCEPTIONS OF 18 



The idea of nationality, as the normal and natural cri- 
terion of political organization and independence, was by 
no means new in this period, but it now gained overwhelm- 
ing importance from the practical work of Bismarck and 
Cavour in Europe and from the terrific struggle through 
which the principle was maintained in the United States. 
The working out of the idea was attended by a change of 
relative position among the European Powers. France 
was supplanted by Germany as the central figure. France, 
with a homogeneous population and a compact territory 
under a unified government, had only that interest in the 
principle of nationality which was incidental to the ambi- 
tion of the third Napoleon. England, with Ireland on her 
hands, was necessarily cold toward the doctrine of nation- 
ality per se. Her philosophy easily conceded that the 
Poles were not Russians because they said they were not, 
and that the South Carolinians were entitled to independ- 
ence of the United States because they believed they were; 
but it could not admit that Irishmen were not English- 
men or were entitled to independent government for any 
such reasons. The German, the Italian, and the American 
peoples, however, were able to make the principle of na- 
tionality predominant in both theory and practice. Yet, 
it is not to be presumed that either Bismarck or Cavour 
was under any illusion as to the abstract conclusiveness of 
nationality as a principle ; to them the cause of the Hohen- 
zollern and the Savoyard dynasties, respectively, was as 
much end as means in the policies which they carried 
through. And, even as to the United States, the time has 
probably now come when it will not be held unpatriotic, as 
it certainly is not untruthful, to say that sordid considera- 
tions of selfish sectional interest played a large, if not a 
decisive, part in the struggle through which national unity 
was preserved. 



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14 NINETEENTH CENTURY POLITICS 



The triumph of nationalism in the seventh decade of 
the nineteenth century was promptly followed by a trans- 
formation of the principle that has determined in large 
measure the later stages of political development through- 
out the world. In the first period of the century national- 
ism had been the sister creed of liberalism. National in- 
dependence and constitutional government had commonly 
been united as summing up what was just and natural in 
the aspirations of a people. In the name of both princi- 
ples together the Poles had fought for independence of 
Russia, the Belgians had achieved their independence of 
the Dutch King, and the Magyars and Italians had resisted 
the Austrian Dominion. Nationalism had been essentially 
defensive in character and application; its goal had been 
the release of a people from alien governmental control. 
But the events of the sixties revealed a new and widely dif- 
ferent aspect of the doctrine. Nationalism passed from 
defense to aggression. Its chief end came to be, not the 
release of a people from foreign rule, but the subjection 
of every people to its appropriate domestic rule. In the 
name of the nation politicians, theoretical and practical, 
demanded a re-ordering of the world. God and nature 
and human reason and history were all triumphantly shown 
to have decreed that in the homogeneous population in- 
habiting a continuous territory should be the final and un- 
questionable unit of political organization. "National 
unity" superseded the time-honored "consent of the gov- 
erned" as the justifying principle of sovereign dominion. 
Love of liberty and of self-government, once the noblest 
theme of poetry and philosophy, now became mere grace- 
less "particularism." In the name of the nation, Han- 
overians, Saxons, and Hessians were incorporated in the 
Prussian state; in the name of the nation eleven million 
Southerners were harried into subjection to the govern- 



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FUNDAMENTAL CONCEPTIONS OF 15 



ment at Washington. Political science mapped out the 
whole world into geographic unities, in each of which it 
was solemnly declared to be the end of all human destiny 
that some ethnic unit should be neatly and eternally 
ensconced. 

There were difficulties in the practical application of this, 
as of every other ultimate principle. Ethnic homogeneity 
was in last analysis rather hard to define. Some clear ob- 
jective test was needed to determine where one nation 
ended and another began. Identity of blood, of language, 
of religion, of traditions, of history, were all duly tried 
and all alike found wanting. Nor was the bounding of 
geographic unity any easier in practice. Alsace, we know, 
was and doubtless still is German, because it is east of the 
Vosges, but equally French because it is west of the Rhine. 
The Alps were undoubtedly ordained by God and nature 
to be the divider of nations; but it is hazardous to assert 
the same of the scarcely less formidable Rockies. Yet 
with all these difficulties perfectly apprehended, the idea 
still persists that there is something peculiarly natural and 
permanent and rational in the so-called national state. 
Switzerland and Russia and Austria-Hungary are all 
looked upon as rather out of the orbit of the scientific 
student of politics because they do not conform to the 
canons of ethnic and geographic unity. 

Without examining farther the characteristics of this 
peculiarly nineteenth-century idea of nationality, let us look 
a moment at the influence which the idea has had upon 
the development of the conception of liberty. Pari passu 
with the realization of democratic ideals in governmental 
organization, there had developed the antithesis of the two 
systems of thought familiar to us as socialism and individ- 
ualism. But vaguely and obscurely manifested during the 
first half of the century, the conflict between the two be- 



16 NINETEENTH CENTURY POLITICS 



came well defined and furious with the triumph of consti- 
tutionalism in 1848-1849. Both the opposing systems de- 
rived their lineage from the earlier liberalism. The so- 
cialist claimed that, with the people in control of the gov- 
ernmental organization, there could be no limit set to the 
power which they could justly exercise; restrictions that 
had been insisted upon before, when political authority was 
in the hands of the one or the few, had no justification, he 
declared, when authority was in the hands of all. The 
sovereignty of the people and the welfare of the people he 
interpreted as involving necessarily the supremacy and the 
primary interest of the classes which had just obtained 
political recognition, and the powers of government, he in- 
sisted, should be used as freely for the benefit of these 
classes as they had heretofore been used for the benefit of 
the classes now deposed. The individualist, on the other 
hand, steadfastly maintained that the rights of man had not 
ceased to exist with the triumph of democracy. The end of 
government, whether controlled by classes or by masses, 
was to protect these rights, not to override them. The state, 
indeed, had no other cause for its existence than to assist 
the individual in developing the powers that are in him, 
and any application of the public resources to other ends 
than this was tyranny and despotism. 

This modern doctrine of individualism, having its source 
in the idealism of the German Fichte and Humboldt at the 
beginning of the nineteenth century, received a very per- 
fect development through the works of the English Mill 
and Spencer in the fifties and sixties. It is, indeed, not too 
much to say that the whole magnificent system of Syn- 
thetic Philosophy was wrought out by Spencer to furnish 
a scientific foundation for the individualist thesis which he 
laid down in the first edition of his Social Statics. Eng- 
land at this date had just abandoned her ancient system of 



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FUNDAMENTAL CONCEPTIONS OF 17 



agricultural protection, and her philosophers, followed by 
many in other lands, were enthusiastically in favor of ex- 
tending over the whole field of commerce and industry the 
laisses-faire which had been applied to English agriculture. 
The paternalism, which, after all, lies always close behind 
the fraternalism of the socialist, was, without doubt, dis- 
tinctly overpowered by that ardor for individualistic lib- 
erty which was so widespread in the two decades follow- 
ing the middle of the century. If since then socialism and 
paternalism have gained the upper hand, and government 
is now conceived rather as an agency for the positive pro- 
motion of the interests of those classes who control it, the 
result may be traced to that passion for nationalism which 
supplanted the passion for constitutionalism. With the 
cry that industrial independence was essential to the com- 
plete national life, the United States and Germany took the 
lead in reversing the tendency which England's free-trade 
policy had created, and gradually all the leading nations of 
the earth fell into line with them. In the presence of uni- 
versal tariff barriers, in which the powers of government 
are most extensively and ingeniously employed for the pri- 
mary advantage of specific classes, it is hard to find an 
adequate ground on which to resist the demand of any 
other class for a similar employment of governmental 
power in behalf of its interests. Nationalism has sounded 
the knell of individualism — whether forever or not, it re- 
mains for the future to disclose. 

Another conspicuous feature of nineteenth-century poli- 
tics that experienced serious if not irreparable disaster 
through the nationalistic movement was the doctrine of 
federalism. As the principle upon which the United States 
developed its astonishing progress in the first half-century, 
federalism came to be regarded as the touch-stone of pure 
gold in governmental organization. The most logical con- 



18 NINETEENTH CENTURY POLITICS 

stitution-makers in the world, the publicists of Latin 
America, brought forth a large crop of systems embody- 
ing this vital principle. Witness the United States of 
Mexico, the United States of Colombia, the United States 
of Venezuela, the United States of Brazil, and so on. Only 
yesterday our government relieved itself of the embarrass- 
ment in diplomatic intercourse caused by this very sincere 
flattery. By order of the Department of State, we are 
henceforth to be, not the "United States," but "America," 
distinguishing ourselves from our sister republics by simply 
appropriating to our exclusive use the name of the hemis- 
phere of which they are a part. Though federalism was in 
its first application merely a more or less mechanical de- 
vice for combining previously well-defined and independent 
political units into a single system, there came later to be 
found in it the invaluable principle of local self-govern- 
ment. The partition of power between central and state 
organizations was treated, not merely as an essential to 
the union of distinct sovereignties, but as a guarantee of 
individual liberty against all sovereignty. But the sweep 
of nationalizing sentiment obliterated this beneficent con- 
ception. In realizing the ends and aspirations of the na- 
tion, the autonomy of states received as little consideration 
as the rights of individuals. Centralization of power, in 
the name and for the purpose of national unity, accom- 
panied the progress of every body politic in which federal- 
ism had for any reason obtained a hold. 

Ill 

After this very general survey of the tendencies mani- 
fested in the nationalistic stage of the century's progress, 
we are able to understand readily the influences which have 
produced the later and final stage. This, covering the last 



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FUNDAMENTAL CONCEPTIONS OF 19 



fifteen or twenty years, may with a fair degree of accu- 
racy be designated the era of the new imperialism. The 
events that have given character to the period are so recent 
and familiar as not to need detailed recital. The broad 
principle that has underlain them is that the nation, per- 
fected through the suppression of individualism and of 
federalism, must break the bonds of ethnic and geographic 
homogeneity and project its beneficent influence into the 
world at large. Such, at all events, is the philosophic the- 
ory of the movement. The practical aspects of the opera- 
tion have, of course, been of a rather less exalted nature. 
The impulse has come from the demand for markets on 
the part of the highly stimulated industries of Germany 
and the United States. It was in the eighties that the Ger- 
mans instituted that picturesque world-wide hunt for co- 
lonial lands that gave such a shock to Great Britain and 
such amusement to the rest of mankind. It was in the 
early nineties that Africa was parceled out, with a brave 
paraphernalia of "spheres of influence" and "hinterlands" 
for the parcelers, but with no sign of respect for ethnic and 
geographic unity among the parceled. Three years later 
the unmistakable ambition of the American people to mani- 
fest their power beyond their national boundaries was 
thwarted, though with great difficulty, by President Cleve- 
land; but in 1895 he also gave way, and by his Venezulean 
message unchained the passions and aspirations which 
found a temporary satisfaction in the incidents and results 
of the war with Spain. The United States, the most per- 
fect type of advanced democracy and nationalism, entered 
fully upon the task of governing distant and hopelessly 
alien peoples by the methods of autocracy. In the move- 
ment for the final partition of Asia into spheres of influ- 
ence for the European powers — a movement to which the 
indomitable will and energy of one brave little Asiatic 



20 NINETEENTH CENTURY POLITICS 



people have raised up an obstacle which at the present mo- 
ment seems likely to be insuperable — the great American 
Republic has taken a recognized part as a regulating, if 
not a promoting, factor. There no longer remains one 
first-class nation whose conscious aim is rather internal per- 
fection than external dominion — not one that does not see 
in dependencies the indispensable proof of political compe- 
tence. Under such circumstances it needs no exalted in- 
telligence to see that constitutionalism and nationalism have 
been definitively superseded as controlling dogmas in the 
world's politics. 

What, now, is the meaning of this new imperialism? Is 
there in it anything really new? Is it any different from 
the imperialism of Athens in the days of Pericles or the 
imperialism of Rome under the late republic? Has it for 
its underlying principle anything different from that pro- 
claimed by Machiavelli, that no state, whether monarchic 
or popular, can live a peaceful and quiet life, but each must 
either conquer or be conquered? Or anything other than 
the doctrine of the doughty Thomas Hobbes, transferred 
from individual to nation, that life consists in an unceasing 
struggle for power that ends only with the grave? Or 
anything different from the principle to which the theories 
of evolution lend support, that a nation, like any other 
organism, must either grow or die, and that its growth in- 
volves the absorption of other organisms? 

To very many thoughtful supporters of the new imper- 
ialism a way of escape from the implications of these ques- 
tions appears in the conception that the modern movement 
is essentially altruistic, — that it is founded upon duty to 
others rather than satisfaction of our own desires. This is 
not a new idea in the history of politics. Athens pointed 
to the beneficent effects of her supremacy upon the sub- 
ject states. The philosophical clients of the plundering 



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FUNDAMENTAL CONCEPTIONS OF 21 



Roman proconsuls could always declaim with great effect 
upon the rescue of suffering peoples from misrule and upon 
the uplifting influence of the pax Romana. Likewise, the 
supporters of our modern imperialism find comfort in the 
good that has been done. The British in India, it is pointed 
out, have abolished suttee ; the French in Africa have made 
Timbuctoo accessible to the methods of modern commerce 
and to the allurements of Parisian art; the Germans have 
made the forms of their bureaucracy familiar in darkest 
Kiao-Chow; and the United States has begun at least to 
inspire in its Philippine subjects a longing for the English 
language and a respect for the clothing of the temperate 
zone. 

Whether or not the bestowal of these and other even 
more important blessings of Aryan civilization upon races 
that yearn passionately to be uncivilized, is the true and an 
adequate justification of the modern imperialism, it is not 
the province of this paper to determine. Its function is 
fulfilled in merely setting forth the succession of ideals and 
leading principles that has characterized the past century. 
The constitutionalism of the first period took a form which 
was in some measure novel in the history of politics; the 
nationalism of the second period presented also certain 
features that had no precedent; but the imperialism that 
closed the century's record can hardly be said to have mani- 
fested thus far any characteristics that distinguish it from 
the movements in which throughout all history the power- 
ful governments of the earth have extended their sway over 
the weak and incapable. 



THE TENDENCIES OF THE WORLDS POLITICS 
DURING THE NINETEENTH CENTURY 

BY ELISHA BENJAMIN ANDREWS 

[Elisha Benjamin Andbews, Chancellor of the University of Ne- j 
braska since 1900. b. HlnBdale, New Hampshire, January 10, . 
1844. A.B. Brown University, 1870; ibid. Newton Theological In- 
stitution, 1874; LL.D. Brown University; ibid. Nebraska Univer- 
sity; ibid. Chicago University; University of Berlin, 1882; Uni- 
versity of Munich, 1883; Massachusetts Institute of Technology. 
President of Denlson University, Ohio, 1875-79; Professor of 
Homiletlcs, Newton Theological Institution, 1879-82; Professor of 
Political Economy and History, Brown University, 1882-88; Pro- 
fessor of Political Economy and Finance, Cornell University, 
1888-89. President of Brown University, 1889-98; Superintendent 
of Chicago Public Schools, 1898-1900. Member of American 
Economic Association; Loyal Legion; United States Delegate to 
Brussels Monetary Conference, 1892. Author of Institutes of 
General History; Institutes of Political Economy; History of the 
United States; History of the United States in Our Own Times; 
Outlines of Principles of History; Outlines of Cosmology.} 

In speaking of the politics of a period, I suppose that we 
contemplate, in the main, three orders of elements: (1) 
Political psychology, viz., theories, thoughts, beliefs, and 
feelings, so far as these are conceived of as fertile and 
causal; Boulanger's influence for a time in France, for in- 
stance. (2) Political movements, whether these have at- 
tained definite results or not. Chartism in England would 
illustrate and so would the Abolitionist crusade in the 
United States. (3) New political creations, such as new 
states, leagues, alliances, conquests, policies, institutions, 
maxims, codes, modes of political procedure, or shiftings 
of political emphasis. 

These three sets of elements may perhaps be brought 
together without confusion under the general caption of 
political movement considered in itself, in its causes, and 
in its results. 

Reversing this order and proceeding from surface to 

23 



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U. THE WORLD'S POLITICS 



center, we notice, as a good way to get started, alterations 
in the political geography of the last century. Even apart 
from the boulcverscment wrought by Napoleon, when, for 
the time, Europe did not venture to stereotype any maps, 
the century was a rather busy cartographer. I mention 
only historically significant changes and omit all details. 

The United States has come to embrace the whole terri- 
tory lying west of the old Thirteen to the Pacific, besides 
Alaska, the Philippines and Porto Rico. Spain is no 
longer an American power; all her old dependencies here, 
save Porto Rico, now an appendage of the American Re- 
public, having become sovereign states. Brazil, independ- 
ent of Portugal since 1823, is a republic, the last American 
political community to oust a monarch. 

Great Britain grew greater and still greater; South 
Africa became hers ; so did Egypt, for, though the Union 
Jack is not unfurled there, its flagstaff, in the person of 
the Earl of Cromer, is firmly planted by the Nile, which 
answers every purpose. It is understood that railway and 
telegraph concessions to British parties, all the way from 
Rhodesia to the head waters of the Nile, connect those two 
British poles of the African continent. Australia and New 
Zealand were nominally British in 1800, but their erection 
into veritable membership of the Empire occurred later. 

British rule in India was fairly begun by Give's victory 
at Plassey, June 23, 1757, but it was rickety till 1798, when 
Lord Mornington, later the Marquis of Wellesley, became 
governor-general, with his policy of uncompromising Brit- 
ish paramountcy over all native princes, — a policy con- 
summated when, at Disraeli's instance, Victoria was pro- 
claimed Empress of India in 1877. Since then Upper 
Burma has been made British, British India thus covering 
the whole of southern Asia, from Baluchistan, itself a 
British dependency, to the meridian halving the Gulf of 



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TENDENCIES OF THE TIMES 25 



Siam. To this add Ceylon, the Straits, and Hong Kong, 
which are British out and out, and the vast and valuable 
sphere of British influence in China. Innumerable minor 
dependencies and protectorates I omit, as of no bearing on 
my discussion. 

Since the Second Peace of Paris, France has lost Alsace 
and much of Lorraine, but has gained, and holds with 
sovereign or some looser tenure, Savoy, Algeria, and Tunis, 
Madagascar, rather important districts in West Africa, 
French India and Indo-China, Cochin China, Annam, Cam- 
bodia, and Tongking, besides minute islands and mainland 
patches here and there over the earth. 

The Congo Free State was erected during the eighties, 
the United States first recognizing its flag in 1884. 

On the Continent of Europe, the Congress of Vienna 
and the Second Peace of Paris restored the map to about 
the form it had in 1791. The number of states was much 
reduced, chiefly by quashing ecclesiastical principalities. 
The Germanic Confederation replaced in a very general 
way the Holy Roman Empire. Prussia was vastly in- 
creased in size, thus put in a way to gain, in 1866 and 1870, 
still more extensive increments of territory and of power, 
insuring her the headship, as against Austria, of the new 
German Empire, which, in 1871, succeeded the confedera- 
tion. 

The nineteenth century saw the various governments of 
Italy unite under a single sovereignty for the first time 
since Justinian; Greece independent of Turkey; Egypt, also 
all the northern provinces in Europe that were formerly 
vassals of Turkey, free from their suzerain save in name, 
or, in some cases, tribute. 

At the Congress of Vienna originated the European con- 
cert idea, — the system of relegating the weightiest affairs 
of European politics to the great powers for decision, 



26 THE WORLD'S POLITICS 



which has since become a recognized part of international 
law. The congress was an epoch in international law. 
Private international law may be said to have had its birth 
here, as public international law had its birth at the Con- 
gress of Westphalia. Certain valuable forms and rules 
for international intercourse date from this congress. A 
lively interest now first began to be manifested in Europe's 
common weal. New agreements were here set in train 
for the free navigation of rivers having an international 
character. The powers united to do away with the slave 
trade and directed new attention to the rights of foreigners 
resident in any land. "The business policy of the eight- 
eenth century had as its fundamental principle that one 
nation's gain is another's loss. Now for the first time a 
European treaty appealed to the doctrine of the new po- 
litical economy, that the alleviation of commerce is for the 
common interest of all peoples." 1 Only in tariff legisla- 
tion has Adam Smith been ignored. In this field even 
Great Britain is considering whether or not to disown him. 

The five powers of the Holy Alliance sought at the Con- 
gress of Aix la Chapelle and still more at the congresses 
of Laibach and Verona, to fix as a bottom tenet of inter- 
national law the principle of dynastic legitimacy. They 
damned as revolution all limitation by constitutions of a 
sovereign's power and all tampering with the territorial 
lines traced at Vienna. They further assumed the duty 
of protecting in their possessions the sovereigns then on 
thrones, and of assuring and guarding the public law of 
Europe as they understood it. 

This effort the march of events and of European public 
opinion, which by this time began to count for a good deal, 
soon brought to naught and rendered ridiculous. The 
Bourbons ceased to reign in France. Revolutions in Italy 

>V. Treltschke. 



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TENDENCIES OF THE TIMES 27 



dispossessed a number of families restored in 1815. The 
Pope surrendered his temporal power. Belgium was sep- 
arated from Holland, and Savoy joined to France, while 
Austria lost her best Italian lands. Germany became a 
unit and an empire, besides appropriating Alsace and most 
of Lorraine. The Spanish American republics remained 
independent of Spain. 

October 27, 1860, Lord John Russell sent abroad per- 
haps the boldest dispatch which a British Minister ever 
drew: "The governments of the Pope and the King of 
the two Sicilies, he said, provided so ill for the welfare of 
their people that their subjects looked to their overthrow 
as a necessary preliminary to any improvement. Her 
Majesty's Government were bound to admit that the Ital- 
ians themselves are the best judges of their own interests. 
Her Majesty's Government did not feel justified in declar- 
ing that the people of southern Italy had not good reasons 
for throwing off their allegiance to their former govern- 
ment. Her Majesty's Government therefore could not 
pretend to blame the King of Sardinia for assisting them. 
We cannot wonder that such words as these spread in 
Italy like flame, that people copied the translation from 
each other, weeping over it for joy and gratitude in their 
homes, and that it was hailed as worth more than a force 
of one hundred thousand men." 1 

The principle of the balance of power among nations, 
which the Congress of Vienna applied with such mechan- 
ical fidelity, lapsed into desuetude, giving way to the max- 
ims of non-intervention and respect for each people's sov- 
ereignty. 

Louis Napoleon's wish to interpose for the South in the 
American Civil War, and Great Britain's unwillingness, 
which deterred him, are remembered by all. On Prussia's 

i Morley's Gladatone II. 15. 16. 



28 



THE WORLD'S rOLITICS 



seizure of Schleswig and Holstein in 18G4, and of Hann- 
over, Electoral Hesse, Nassau and Frankfort in 180G, 
powerful influences in England and France wrought for 
intervention, but in vain. At the Schleswig-IIolstein 
crisis, Lords Palmerston and John Russell were for war, 
and bemoaned the timidity of their colleagues; but Victoria 
was strongly against them and prevailed. In Great Britain 
still louder cry for intervention was heard, first when Louis 
Napoleon made himself Emperor, and again as his fall be- 
came imminent; but both times the Ministry was immov- 
able. Public sentiment in the fatherland demanded Ger- 
man intervention in favor of Kriiger during the South 
African War, but the imperial government resolutely held 
aloof. 

In fine, while the right of a nation, in certain cases, to 
interfere for mere equilibrium's sake with a neighbor na- 
tion's extension schemes may, perhaps, still be defended in 
abstract international law, the corresponding practice in 
international politics is dead and buried. 

The last century also saw given up. or at least greatly 
decreased, ideality of aim, whether in international or in 
national politics, part result, perhaps, of the state's com- 
pleter freedom from church influences. Natural rights are 
little pleaded any more. You must claim acquired rights 
or get out of court. It is frankly admitted that politics 
has its field right here in this actual earth and that earth 
is not yet heaven. In politics now we do the best we can, 
then feeling it a duty to be satisfied, provisionally, be the 
results never so far from ideal. "Hope not for the republic 
of Plato," says Marcus Aurelius, "but be content with ever 
so small an advance, and look on even that as a gain worth 
having." 

It would be a mistake, however, to suppose current poli- 
tics less genuinely moral or humane than the politics of 



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TENDENCIES OF THE TIMES 29 



the seventeenth and eighteenth centuries, when it could be 
said: 

"Earth is sick 
And Heaven is weary, of the hollow words 
Which states and kingdoms utter when they talk 
Of truth and Justice." 

Any surmise of deterioration ought to be dissipated by 
noticing the numerous and momentous questions which 
nations have of late been settling by arbitration, the treaties 
of arbitration now existing, or the erection, by the fifteen 
most powerful states on earth, of The Hague Tribunal for 
quieting disputes such as once usually meant war. 

I cannot subscribe to the theory that the course of his- 
tory is directed wholly by economic causes, — the so-called 
economic interpretation of history. But there is one econ- 
omic might which shapes human events to an even greater 
extent than the advocates of that theory have observed; I 
mean the money power ; and it is among the philanthropist's 
most gratifying notes that this incalculably strong force is 
at every crisis of strained relations between nations ex- 
erted on the side of peace. As a preservative of peace the 
money power deserves rank alongside The Hague Tribunal. 

It is worth notice that the freest populations are the ones 
which multiply the most rapidly. The population of the 
United States and Great Britain with their dependencies 
and protectorates is now some 522,000,000. Sir Robert 
Giffen a little time ago made the population of Europe and 
of nations of European origin, like the United States, 
something over 500.000,000; the United States, 80.000,- 
000; the United Kingdom, Canada, Australia, and the 
white population of South Africa, 55,000,000; Russia 
about 135,000,000; Germany, about 55,000,000; Austria- 
Hungary, 45,000,000; France, 40,000,000; Italy, 32,000,- 
000; Spain and Portugal, 25,000,000; Scandinavia, 10,- 



30 THE WORLD'S POLITICS 



000,000; Holland and Belgium, 10,000,000; other Euro- 
pean countries, 20,000,000. A century ago, adds Sir Rob- 
ert, the figure corresponding to this 500,000,000 would not 
have been more than 170,000,000. 

The point is that the development was not uniform, but 
the most marked in the Anglo-American section, where a 
population of some 20,000,000, which was about the figure 
for the United States and the United Kingdom together 
a hundred years ago, has grown to not less than 130,000,- 
000. Russia and Germany also show remarkable increases, 
but nothing like the Anglo-American. 

The system of "spheres of influence," so admirably 
elucidated by Professor Reinsch, is a creation of the cen- 
tury, its chief exemplification, at present, being in China, 
where Russia, Germany, Great Britain, and France all have 
footholds. 

The storm-center of world politics, always in the East, 
has moved on to the Far East, Great Britain and Russia 
continuing to be the head contestants. 

Thwarted by Turkey in his resolve to connect the Black 
Sea for naval purposes with all the oceans, the Muscovite 
reconnoiters toward India, only to find the Khaibar Pass 
occupied by men he has seen elsewhere. Nothing daunted, 
the British being busy in South Africa, the Colossus plants 
one foot near the ice- free water on the Persian Gulf, the 
other on the ice-free water at Port Arthur, the tip of 
Chinese Manchuria, which 6500 miles of railway connect 
with St. Petersburg. A Russo-Japanese war ensuing from 
this move, the Briton counters by pocketing Tibet. 

The chess-game is interesting, but hardly as yet bears 
out Mr. Tarde's view that one or the other of these powers, 
or at any rate some nation, is destined to world-empire. 
Too many checks and balances are in reserve. For in- 
stance, suppose Great Britain at this moment in the ascend- 



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TENDENCIES OF THE TIMES 31 



ant; yet, as I once heard Archibald Colquhoun explain, 
Russia's methods of colonization in Asia are superior to 
the British, being less radical. Again, the day that sees 
Great Britain victorious over Russia may also see Canada, 
Australia and South Africa independent nations. But 
should Russia then swing dangerously to the fore, the en- 
tire Anglo-American world would be one flint, fire-striking 
rock against her, while Germany would be as likely to side 
with England as France with Russia. 

Mr. Tarde's theory is too a priori, too "previous;" as is 
that of Mr. Pearson and others who proclain the yellow 
peril, whether from Chinese industrial or from Japanese 
military efficiency; and also that of those who, gleefully 
contemplating The Hague Tribunal and the rapid progress 
of arbitration, expect all war to end the day after to- 
morrow. 

Having glanced at what may be considered the chief po- 
litical creations, crystallizations, faits accomplis, of the 
century past, we go back upstream to sight the main move- 
ments whence those new formations casually sprang. 

Notice, first, the centralizing tendency, including (1) the 
enlargement of the territories ruled from a single center, 
accomplished or not by the spirit of imperialism, and (2) 
the strengthening of the central authorities in all nations. 
Both forms of the tendency are observed in the United 
States, in Russia, in Germany, and in Italy; also in the 
foreign takings of England, Germany, France, and Chile, 
in Austria's reluctance to end in any degree her lordship 
in Italy, and in the impulse which Austria shares with 
Russia to appropriate as much as possible of the Balkan 
Peninsula. 

Modern means of communication by steam and telegraph 
immensely facilitate the unifying of large and widely sepa- 
rated bodies of men. Railways and telegraphy explain 



32 THE WORLD'S POLITICS 



why our generation could witness the rise in Germany of 
the first solid central government there in all history, giv- 
ing the lie at last to Niebuhr's saying that anarchy was the 
God-ordained constitution of the German people. 

But for the agencies named, the United States could not 
be permanently or strongly ruled as a single nation, and the 
victory of central government in the Civil War would have 
been in vain. But for them, further, no Dominion of Can- 
ada and no Australian Federation would exist. 

National expansion would undoubtedly have gone much 
further than it has but for the antagonism it encounters 
from the disposition of blood-related communities to get 
together under the same governments. Blood is not only 
thicker than water ; it is thicker than the ink in which pacts 
are written or constitutions printed. In determining the 
boundaries of states, a wholly new prominence has come to 
be assumed by consanguinity, the nation political inclining 
to coincide with the nation as an affair of race. 

Ireland's wish to shake off or minimize English rule 
illustrates this, as does the centrifugal energy tending to 
dirempt Hungary from Austria and Norway from Sweden. 
The centripetal working of the idea is seen in the unity of 
Germany and of Italy. Many think that the German Em- 
pire will in time embrace German Austria and Italy Ital- 
ian Austria. Slavic races, too, desiderate political unity, 
but the feeling as yet ends in sighs, brochures, editorials, 
and speeches, choked there, it would seem, through dread 
of Russia's supposed absorption policy. 

Both these tendencies — to centralize and government- 
ally to group consanguineous peoples — are insignificant be- 
side the one next to be named, the republican or democratic, 
so pronounced in the political history of my hundred years. 

When the American Revolution broke out, a method of 
governing states to which we of to-day can give no tenderer 



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TENDENCIES OF THE TIMES 83 

name than absolutism was practically universal. Even 
Great Britain was no true exception. Not a constitution 
in the sense now usual existed in all the world. 

Since then absolutism in government has given way, no 
longer existing in any state of first rank. Only the Czar 
and the Sultan rule in the old fashion, and even they are 
bound by public opinion, local and ecumenial, considerably 
to heed the popular wish. Monarchy has been dispensed 
with by many peoples, in form as well as in substance; in 
the rest most of its old power is gone. Civilized lands are 
ruled in unprecedented measure for the people and by the 
people. Suffrage has been enormously extended, serfs and 
slaves set free. Of all the emancipation edicts and statutes 
on record, an overwhelming majority hail from days 
since the French Revolution. The list of those uttered dur- 
ing this period in Germany alone makes up a half-page 
close fine-print note in Roscher's Political Economy. 

This strongly-marked democratic period had its proxi- 
mate and for us its practical opening in the French Revo- 
lution, though its absolute origination must be referred to 
the Cromwellian revolution in England. Sir Henry 
Maine has pointed out that the characteristic doctrines 
which that revolution propounded were then wholly new to 
mankind. They were, moreover, then set forth in almost 
the very form now familiar to all civilized men. The 
"Agreement of the People," issued in the name of the Com- 
monwealth army and dated January 15, 1649, clearly enun- 
ciates that sovereignty resides in the people. It would have 
placed supreme legislative power in a representative as- 
sembly elected for a limited term, given equal voting privi- 
leges to all payers of taxes, established religious freedom, 
and separated church from state. Even the idea wrought 
into our governmental system, of limiting the legislature's 
function by certain vital principles fixed beforehand in a 
constitution, is clearly embodied in that Agreement. 



34 THE WORLD'S POLITICS 



That Agreement of 1649 and the debates and struggles 
by which men sought to give it effect furnished Locke and 
Algernon Sidney their alphabet and their inspiration, which 
they in turn passed on to Rousseau and to the American 
revolutionists. 

While all this is to be admitted, still Guizot's remark that 
every characteristic element of modern civilization has been 
mediated to the world through France is substantially true 
of democratic government as it has come to be practiced. 
It is the product of the French Revolution. 

Whatever opinion may be held of its character in other 
respects, no one can question the importance of that revo- 
lution in shaping political ideas and affairs since. Descrip- 
tion and discussion in fact hardly hint at the radical, per- 
vasive and lasting changes which the revolutionary move- 
ment effected in the political condition of Europe, not a 
single element of which escaped positive influence there- 
from. 

The main significance of the revolution does not lie in the 
facts that France, from a condition of abject weakness, 
making her the scorn of Europe, suddenly rose up, changed 
her form of government, and in a few years forced a con- 
tinent to her feet, her empire surpassing Charlemagne's 
in size and recalling that of Augustus ; it resides rather in 
the irresistible will first revealed in all this against mon- 
archical, feudal, and ecclesiastical oppression and unreason, 
— "organic torpor," a decayed, inefficient, and inexpress- 
ibly burdensome public system. The cause of these brilliant 
deeds was passion for a rational public order, educated and 
developed by a series of French writers and fired to frenzy 
by Bourbon tyranny, stupidity, and immorality. 

Pressed by his Minister to attend to affairs of state, 
Louis XV would retort, "Bah, the crazy old machine will 



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35 



last out my time, and my successors must look out for them- 
selves." 

"Unhappy man" — you are hearing Carlyle — "there as 
thou turnest in dull agony on thy bed of weariness, what a 
thought is thine ! Purgatory and hell-fire, now all too pos- 
sible in the prospect; in the retrospect, — alas, what thing 
didst thou do that were not better undone? What mortal 
didst thou generously help? What sorrow hadst thou 
mercy on ? Do the five hundred thousand ghosts who sank 
shamefully on so many battlefields from Rossbach to Que- 
bec, that thy harlot might take revenge for an epigram, 
crowd round thee in this hour? Thy foul harem 1 The 
curse of mothers, the tears and infamy of daughters! Mis- 
erable man ! thou hast done evil as thou couldst ; thy whole 
existence seems one hideous abortion and mistake of 
nature." 

Only thus from its causes can the Revolution be justly 
judged. If it is so viewed, its errors and excesses may be 
explained and in part condoned, as the inevitable friction 
generated in producing a great and worthy piece of work 
against fearful resistance. 

I cannot agree with those writers, like Taine and Sir 
Henry Maine, who reprobate the Revolution itself, believ- 
ing that whatever good it wrought could have been accom- 
plished without it. "The French Revolution," declares 
Bisset, "was the work of philosophers, and it was, com- 
pared with the English revolution, a failure and ended in 
Caesarism, that is, in the government of hell upon earth." 

In this hostile mode of estimating the movement, 
Burke's Reflections led the way, swayed too much in their 
judgment of it as a whole by the fate of the unfortunate 
Marie Antoinette, who had so impressed the author when 
in France. 

"It is now sixteen or seventeen years," he says, "since I 

v. 



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36 THE WORLD'S POLITICS 



i 



saw the queen of France, then the dauphiness, at Versailles, 
and surely never lighted on this orb, which she scarcely 
seemed to touch, a more delightful vision. I saw her just 
above the horizon, decorating and cheering the elevated 
sphere she just began to move in, glittering like the morn- 
ing star, full of life and splendor and joy. O, what a revo- 
lution ! and what a heart must I have to contemplate with- 
out emotion that elevation and that fall!" 

Sir James Mackintosh's Vindiciae Gallicae introduced 
the appreciative criticism of the Revolution, whose freshest 
note Frederic Harrison has sounded in saying: "The his- 
tory of our entire nineteenth century is precisely the history 
of all the work which the Revolution left. The Revolu- 
tion was a creating force even more than it was a destroy- 
ing force; it was an inexhaustible source of fertile influ- 
ences ; it not only cleared the ground of the old society, but 
it manifested all the elements of the new society. It would 
be easy to show that the last fifty years of the eighteenth 
century was a period more fertile in constructive effort than 
any similar period of fifty years in the history of mankind. 
. . . Truly we may call the Revolution the crisis of modern 
reconstruction. 

" 'When France in wrath her giant limbs upreared, 
And with that oath which smote air, earth and sea. 
Stamped her strong foot and said she would be free.' n 

Bisset, of all men, should admit that the Revolution did 
not end in Caesarism. "If there is one principle in all mod- 
ern history," to quote Frederic Harrison again, "it is this : 
that the Revolution did not end with the whiff of grapeshot 
by which Bonaoarte extinguished the dregs of the Conven- 
tion." 

In France the fires of republicanism never went out, 
though at times smouldering. They burst forth powerfully 
under Louis Philippe in the Second Republic, in the present 



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republic — these republics no new creations, but adjourned 
sessions, as it were, of the original. Since 1789 every anti- 
republican polity arising in France has passed its life in un- 
stable equilibrium. 

Elsewhere in Europe as well, old style political ideas be- 
gan to lose power. Constitutions were in time introduced 
in all the German states. A national-liberal party rose in 
Prussia, which at last, after so many ages, made the political 
unity of Germany a reality. 

This result might have been attained much earlier but for 
the conflict of the sentiment for unity with that for consti- 
tutional rule. Prussian policy was strongly anti-republican. 
King William and Bismarck were, so late as 1863, still 
heavily tarred with Metternich's brush, repelling liberals 
like Rotteck, Welcker, and Gagern, in the center and south, 
in lands which the confederation of the Rhine had embraced, 
even when they were convinced that Prussian victory meant 
a united fatherland. Union finally came by compromise, 
Prussia turning more liberal, the ultra-liberals insisting less 
on ideally free institutions at once. 

Italy, even more than Germany, took impulse towards 
freedom and unity from the good influences connected with 
French occupancy. 

Great Britain, where the good seed fell into the best 
ground, benefited infinitely from the Revolution. Few 
English, to be sure, sympathized with Dr. Price in seeing 
^ a millennium at hand. "What an eventful period is this," 
he exclaims in a sermon, part of which Burke quotes: "I 
am thankful that I have lived to see it. I could almost say, 
Lord, now lettest thou thy servant depart in peace, for mine 
eyes have seen thy salvation." 

Soberer men avowed sympathy with the essential in the 
new movement. Fox was among these. He believed Pitt's 
repressive measures to be of dangerous tendency. 



38 THE WORLD'S POLITICS 



On Pitt's death, Sir Walter Scott wrote: 

"Now is the stately column broke, 
The Beacon light Is quenched In smoke, 
The trumpet's silver sound is still. 
The warder silent on the hilL" 

One can imagine Fox reciting this, not as a threne but as 
a paean. 

The career of British liberalism since Fox and Pitt's day I 
has been peculiarly proud. To it is mainly due that noble 
succession of reform acts extending the franchise until man- 
hood suffrage is realized in Britain more perfectly than in 
the United States. Laws have been passed unshackling 
British trade, greatly to the benefit of the common people. 
Popular election has been carried into counties and cities, 
placing the peasant and the mechanic in condition to hold 
his own against wealth and rank as he could never do before. 
The extra voting power of the rich has been mostly an- 
nulled, the public service purified and opened to the humb- 
lest, the administration of justice immensely improved. A 
system of public education has been launched, by which the 
poorest youth may win intelligence that shall be worthy of 
his freedom and enable him to utilize and enjoy it 

Nor is the train of causation starting from the French 
Revolution exhaustively conceived without recalling again 
the freedom of the Spanish-American republics, the rise and 
life of the democratic party and of the Monroe Doctrine 
in the United States, the creation of Belgium, and the liber- 
ation of Greece. 

Hardly had the French Revolution democracy begun its 
race when it suffered serious arrest. An absolutist reaction 
set in: in France itself, under Napoleon, the restored Bour- 
bons, and, later, the Second Empire; Metternich arose and 
the Holy Alliance; strife for free institutions was repressed 
in Germany, Italy, and Spain ; reform became and for a time 
remained a hateful word all over Europe; Louis XVIII 



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dated the state papers of 1814 as of the nineteenth year of 
his reign, affecting to ignore all that had passed since Louis 
XVI's death. 

Qtoeen Victoria once said: "As I get older I cannot 
understand the world. I cannot comprehend its littleness. 
When I look at men's frivolities and littleness it seems to me 
as if they were all a little mad." This insanity of petty- 
mindedness was never more patent than in Germany after 
Napoleon's fall. 

The German Confederation was Metternich's too! to stay 
the advance of liberalism. The presence of the French in 
Germany had quickened and generalized the wish for con- 
stitutional and hatred of personal rule. While peril lasted 
the powers heeded. Czar Alexander received Poland on 
condition of granting it a constitution. Frederic William 
promised Prussia a constitution ; Article 13 of the Confed- 
eration Acts declared that each of the confederate states was 
to have a constitution with representation. Liberals fully 
expected that before long constitutional methods would 
prevail all over the Continent as in England. 

Bitter disappointment resulted, the next period being but 
a record of Metternich's triumphs, of monarchy mean de- 
vices to evade their pledges and to hush the popular cry. 
Save Saxe-Weimar, not a state in the Confederation 
obtained at this time a liberal ground law. Bavaria, Wiirt- 
temberg, and Baden, which had felt France most, had char- 
ters by 1820, but these modified absolutism only a little, and 
were given partly to spite the larger states surrendering to 
reaction. 

The privileges which were here and there conceded were 
vitally vitiated by appearing as grants, not as rights. All 
seeking by the people to wrest concessions was viewed as 
Jacobinism with reign of terror behind. Press, pulpit, 
school, and platform were under gag laws, patriots ex- 



40 THE WORLD'S POLITICS 



eluded, exiled, or silenced by an infamous system of es- 
pionage, which Napoelon would have blushed to own. 

All this proved in vain, however. The good leaven went 
on permeating the meal till all west Europe was leavened. 
Liberal ideas, domestic, and streaming in from Switzerland, 
Italy, Greece, England, and France, especially during her . 
revolution of 1830, proved at last more than a match for 
Metternich; and when the new revolution of 1848 rocked 
to its base every throne of Continental Europe, he fell and 
his system was doomed. 

Men had come more and more into Gladstone's state of 
mind in 1851, when he wrote: "It is a great and noble 
secret, that of constitutional freedom, which has given us 
the largest liberties, with the steadiest throne, and the most 
vigorous executive in Christendom. ... I am deeply 
convinced that among us all systems, whether religious or 
political, which rest on a principle of absolutism, must of 
necessity be, not indeed tyrannical, but feeble and inef- 
fective systems ; and that methodically to enlist the members 
of a community, with due regard to their several capacities, 
in the performance of its public duties, is the way to make 
that community powerful and healthful, to give a firm seat 
to its rulers, and to engender a warm and intelligent devo- 
tion in those beneath their sway." 

Republicanism has encountered, and is still struggling . 
therein, a second impasse, which threatens to be far graver 
than the first. 

A wide and deep remission of philanthropy marks the in- „ 
telligence of our time, partly speculative in origin, as seen 
in Nietzsche, who ridicules consideration for one's enemies 
and for the weak, as slaves' ethics ; partly resulting from ful- 
ler acquaintance with the inferior races of men. Tongues 
thoroughly trained in trick gymnastics stick at vocables like 
"equality," "brotherhood," "the race," "humanity," much 
more than when only missionaries had first-hand familiarity 



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TENDENCIES OF THE TIMES 41 



with Bushmen and Igorrotes. Such a generalization as 
"man" does well enough in zoology, but in practical ethics 
it finds its position harder and harder to keep. The changed 
thought promptly sidles over on to political ground. Hav- 
ing radically subordinated certain races to others, we find it 
easier, if not inevitable, to subordinate certain classes. 

Another boulder badly obstructing democracy's path is 
socialism. The socialists have, agreeably to their wish, con- 
vinced great multitudes that their programme is simply 
the logical working-out of democracy. At the same time, 
against their wish, they have begotten the conviction in 
others that socialism put in practice would mean anarchy, 
communism, leveling, a crusade against the highlands of 
men's life in the interest of the bog. It would build forth 
the social body utterly without regard to heterogeneity, 
allowing no place for the genius, the artist, the dreamer, the 
mugwump, the non-conformist, the rebel. The Church in 
its worst days never meditated rendering life so insipid. 
Prisoned in the iron orderliness socialism must bring, real 
men would cry out with Walt Whitman: 

"O, Bomethlng pernicious and dread, 
Something far away from a puny and pious life, 
Something unproved, something in a trance, 
Something escaped from the anchorage and driving free.'* 

I care not what others may say, but as for me, give me the 
privilege of nonconformity or give me death. 

The modern liberal deems a never so mountainous district 
preferable to a dead level. If democracy is that, and he 
frequently fears it is, he will none of it. Rather, he shouts, 
my kingdom for a horse with a man astride! If it is the 
only alternative, give me monarchy, aristocracy, even pluto- 
cracy, rather than the democracy which stifles and kicks the 
individual. 

Again, liberalism has disappointed early expectations. 



42 THE WORLD'S POLITICS 



Its devotees at first looked for economic and moral as well 
as political millennium as soon as men were set free from 
monarchic rule. 

But it is clear that the device of simply knocking off men's 
political shackles falls short. Bare civil liberty does not 
constitute or assure social weal. Society sunders itself 
worse than ever into disparate and hostile classes. Poverty 
and oppression have not come to an end. This century of 
political equality, of status changed to contract and of a 
ballot for all, is precisely the one wherein pessimism has 
been born, which is no longer the smart hobby of a few, 
but the fixed conviction of multitudes. 

Distracted over so many unfulfilled prophecies, a host of 
liberals almost conclude that they have been following an 
ignis fatuus, to turn from which is the beginning of wisdom. 

Lastly, the gaucherie of popular government is executive 
functioning, and especially in war, renders it odious with a 
great and increasing number. 

The modern mind is of a practical turn. Men theorize 
less than formerly, but administer better. We delight in 
facile practice, in bringing things to pass. Familiarity with 
colossal businesses, railway systems, trusts, where single 
minds with absolute authority produce wonders in the way 
of dispatch, coordination, and combination, brew relish for 
order and rapidity in business, and discontent for the slow, 
lumbering, awkward methods which, to date, most democ- 
racies insist upon in conducting public affairs. 

The inclination is, therefore, observable on every hand to 
allow executives longer rope, a freer hand, more independ- 
ence in detail from legislatures and from the constituency. 
Whereunto this will grow, none can tell. As it is, however, 
clearly inconsistent with the democracy hitherto expounded 
and practiced, it helps to swell and spread the conviction that 
democracy, at least democracy as we know it, cannot be the 
final polity. 

i 

I 
i 

i 

I 



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PROBLEMS OF POLITICAL THEORY 



BY GEORGE GRAFTON WILSON 

[George Grafton Wilson, Professor of Social and Political Science, 
Brown University, and Lecturer on International Law at the 
United States Naval War College. A.B. Brown University, 1886; 
A.M.ibid. 1888; Ph.D. ibid. 1889. Member of Historical, Eco- 
nomic, and of Council of Political Science and International Law 
Associations. Author of International Lata Situation*; Interna- 
tional Law Discussions ; joint author of International Law; and 
author of articles on political science and international law and 
relations.] 

It is not uncommon for such as call themselves "prac- 
tical" to give slight regard to the serious politico-scientific 
presentation of a topic bearing upon the management of 
state affairs. They say, "O, that is the point of view of a 
theorist ;" "he is bringing in historical illustrations. These 
do not apply to present conditions;" "that is all right in 
theory, but it will not work in practice ;" or "I have no re- 
spect for those fine-spun theories that never lead to any- 
thing." 

Such opinions are not confined to "practical politicians," 
but find expression elsewhere, even in the works of those en- 
gaged in the presentation of the claims of other than the 
political sciences. The critics sometimes see little reason 
for the existence of political science, and still less for the 
elaboration of political theory. 

To such detractors the first problem of political theory 
would be for it to prove its right to exist. 

It is true that practical necessities gave rise to political 
phenomena long before any theoretical consideration of poli- 
tics was conceived. The state existed prior to political spec- 
ulation and independent of it. The fact of this priority of 
existence does not, however, prove that political theory may 

48 



44 



POLITICAL THEORY 



not have a right to be any more than the fact of the exist- 
ence of electricity before the existence of theories in regard 
to its nature would discredit the theories which have given 
such beneficent results to man. These theories have not 
modified the essential nature of electricity, but have made it 
possible for man to control electrical energy for his own 
purposes. The problem of political theory is in part so to 
reveal the nature of political energy that it may be controlled 
for man's benefit. If this can be done, even those who de- 
mand "practicability" would grant that political theory has 
a right to be. 

In the consideration of the right of political theory to be, 
it must at the outset be admitted that, like other theories, 
there have been theories in the political field that have been 
only in small part tenable and others not at all tenable by a 
normal mind. 

Here there arises the problem of the relation of political 
theory to political action. It must be admitted that political 
theories have often influenced political action most pro- 
foundly. The works of Aristotle have again and again be- 
come not merely the subjects of study for those interested in 
Greek literature, but for those engaged in political affairs. 
They have been used as the sources of arguments for deter- 
mining practical political action. Eginhard in his Life of 
Charles the Great states that the great ruler delighted in the 
works of St. Augustine, especially in De Civitate Dei} 
The influence of the works of Grotius upon the political 
policy of his contemporary Gustavus Adolphus is evident. 
In some of its aspects the French Revolution was a crude 
attempt to work out what was thought to be a correct politi- 
cal theory. The influence of the same theories is evident in 
the enunciation of some of the fundamental principles upon 

1 "Delectabntur *t l(bri* tancti AugutHni, prarripueque hit qui Dc Civitate 
Dei praetitulati tunt." Eginhard, Vita Karoli, cap. 24. 



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which the United States Government was founded. The 
debates upon the adoption of the Constitution of the United 
States, the Federalist Papers, and the writings of other of 
the early political leaders in the United States show the in- 
fluence of the understanding of political theory. The pol- 
itical movements of the first half of the nineteenth century 
in Europe show how the theory that a nationality had a 
right to embodiment in a political unity influenced practical 
politics. Theories as to what a state might do in the way 
of determining economic prosperity have been the basis of 
many political party struggles, and claims based upon lack 
of understanding of political theories have led to the down- 
fall of "practical politicians" and political parties. 

Those widely versed in political theory have also often 
been leaders in the political activities of their times. This 
has been particularly true in Germany, and some of the great 
development of that state can be traced to a recognition of 
the worth of political theory as a guide for practical action. 
Where political studies have received the most careful atten- 
tion and most rational consideration, there the political ac- 
tion has been in general most consistently progressive. 

It is as reasonable to believe that practical political affairs 
may be more properly understood and directed when the 
theories underlying political action are comprehended, as it 
is reasonable to expect similar treatment of affairs in other 
lines of human activity when the underlying theories are 
understood. 

It would seem, then, that political theory has in the past 
strongly influenced human activity, that men who have led 
in political affairs have often been guided by political theor- 
ies, and that in itself political theory would have the same 
reasons for its existence as the theory of other studies deal- 
ing with human activities. If political theory can lead to 
action so disastrous to human well-being as has sometimes 



46 



POLITICAL THEORY 



been the case, then there is reason for an investigation in 
order that sound and beneficent theories may take the place 
of those of the opposite character. 

Those who would attempt to discredit often do not know 
what is the nature of political theory at present nor what 
has been its influence in the past ; indeed, while decrying the 
theorist, they as practical men may be acting upon princi- 
ples which the theorist has enunciated, and their successes 
may be due to the correctness of the theory or to its fitness 
for the conditions at the time existing. 

Again, problems of political relationship arising in conse- 
quence of the growing importance of the state itself and the 
extension of its powers in comparison with such institutions 
as the family and the church ha*ve emphasized the import- 
ance of political theories. 

The growth of parties, schools, systems, governmental 
policies, and the like, based upon theories makes necessary 
attentive study of their bases. Many of these parties dis- 
tinctly call themselves by the theory name, as in the case of 
the "socialistic party," the "nationalist party/' etc. The 
courts of justice often incline toward a theory in accord with 
a political platform, and in some cases judges are elected 
for the purpose of supporting a party theory. 

As the state is one of the most important of the products 
of human association in its effects upon associated life and 
in its influence upon the individual, there is a final and suf- 
ficient reason for the mastery of the fundamental principles 
of its being, and with these political theory purports to deal. 

Even this brief survey shows that political theory has a 
right to exist and to claim respect, though it must always be 
admitted that there may be false as well as true theories. 

Granting that political theory has a right to be, the next 
general problem is one of subject-matter. 

One of the first difficulties in regard to the subject-matter 



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is that of discriminating between the political and non-po- 
litical in the data of human association. Much of the data 
relating to early human association which has been used as 
a basis for political theorizing is certainly very imperfectly 
understood, and in some cases the data are not reliable for 
political theorizing, as they were gathered with an entirely 
different purpose in view. 

Some writers speak of the Hebrew theocratic state, of 
primitive states among aboriginal tribes, and of states bound 
only by family ties or by clan relationships. If the organiz- 
ation prevailing among the early Hebrews and these other 
early relationships are to be called states, then the problem 
of dealing with these and modern states under the same 
system of definitions becomes very difficult, even in theory. 
The points of identity in organization between a savage 
tribe and the British Empire would not be many, and to at- 
tempt to give a common explanation for each would lead to 
absurdities. It is evident that some of the confusion and 
differences which have arisen are due to the attempt to ac- 
count by political theory for non-political facts. Dunning, 
in his History of Political Theories (p. xvii), has observed 
that a history of political theories "would begin at the point 
at which the idea of the state, as distinct from the family 
and the clan, becomes a determining factor in the life of the 
community.*' It would not be maintained that any particu- 
lar date or degree of civilization could be fixed upon as a 
prerequisite for political action. It is affirmed that there 
exists a problem for both the student of political theory and 
political science in the way of discrimination between the 
political and non-political in early social data. 

Another important question in the consideration of the 
subject-matter would be as to when and under what circum- 
stances social data would become political data properly to 
be used for political theorizing. Dunning, in accord with 



48 



POLITICAL THEORY 



the position above taken, says, "Of all the multifarious pro- 
jects for fixing the boundary which marks off political from 
the more general social science, that seems most satisactory 
which bases the distinction on the existence of a political 
consciousness." 

The subject-matter presents another difficulty from the 
fact that the data upon which political theory must draw do 
. not remain fixed. Even if agreement were to be had upon 
definitions, the content would change with the change in 
human relations. To adapt political theory to the dynamic 
character of the subject-matter is an ever-recurring problem. 

Much of early political theory and, to some extent, present 
political theorizing is concerned about the doctrine of form 
of the state, — the question as to whether monarchy, olig- 
archy, or democracy is the best form. This is a problem of 
some importance, but is insignificant in comparison with the 
problem of rendering efficient such form as may exist. The 
consideration of political data without predisposition in 
favor of any particular form of political organization will 
discover efficiency under varying forms and also will dis- 
cover that in most instances the efficiency is not due to the 
form of organization. 

By political theory is generally understood the theory cen- 
tering upon the state. One of the primary problems would 
therefore be to determine what the state is, and upon this 
definition would depend much of the scope of the theory. 
After establishing a definition, which the great diversity in 
existing definitions shows to be no easy task, the problem of 
determining the relations of the states to each other, to 
other political institutions, and to other social institutions 
arises. This involves the question of the limits of state 
action, one of the most difficult of all problems and one 
upon which much discussion has been had. This will, in 
part, depend upon the conception of such political ideas as 



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sovereignty, law, etc. In the field of performance of state 
functions and the exercise of state activities there are ques- 
tions of relationships. The separation and limitation of 
powers, the character and range of governmental activity, 
and the nature of government itself become problems for 
political theory. The subject-matter of political theory is 
varied, and different writers have given to it very diverse 
treatment. The same general subject-matter has in some 
instances, particularly in the eighteenth century, given rise 
to theories leading to entirely opposite conclusions, and 
later individualistic and socialistic theorists have used the 
same subject-matter in support of the contentions of their 
respective positions. 

Admitting that political theory has a right to existence, 
and that from the extent and nature of its subject-matter 
diverse conclusions may be drawn, the next general problem 
becomes one of method. It would need no argument to ar- 
rive at the conclusion that a theorist starting with a series 
of political axioms would arrive at different conclusions 
from those of a theorist who viewed the state as an histori- 
cal evolution or that a believer in "the divine right of kings" 
would evolve a different theory from that of an advocate of 
the social contract theory. The problem of method easily 
becomes a significant one for the political theorist. Indeed, 
it has been claimed by some that the method is the most im- 
portant of all the problems as to political science and theory. 

Various methods have been used by political theorists. 

The formal explanation of political facts which has 
viewed the state as static and subject to logical analysis has 
profoundly influenced political theory. Certain valuable 
conclusions can doubtless be drawn from such theorizing. 
The tendency of this method is toward a purely legal view 
of the state. The method of pure logic, as it has been 
called by some writers upon the Continent, tends to give a 



50 



POLITICAL THEORY 



narrow point of view, while at the same time the view gains 
influence from its positiveness. 

A more positive method was that which assumed its defi- 
nitions and the reasons for them, as well as assumed certain 
political axioms ; then, by deductive reasoning in regard to 
the assumed state, and also in regard to the assumed charac- 
ter of man, drew its conclusions. This doctrinaire school of 
theorists corresponded in some respects to the Manchester 
school of economists. 

The historical method corrects many of the errors conse- 
quent upon the rise of the above method. It shows what 
analysis or logic cannot show, viz.: that reason is not the 
source of certain political institutions and phenomena, but 
rather that their source is in special conditions which arose 
in some earlier time. The doctrinaire method, with its 
axioms and formulae, regards such phenomena as excep- 
tions. In a negative way the historical method gives to 
political theory the data for correcting conclusions of the 
two first-mentioned methods. 

In a positive manner, the historical method furnishes po- 
litical data in their "time-setting," making possible the in- 
terpretation of political phenomena with reference to their 
conditioning circumstances. The method of comparison has 
also served most efficiently in political investigation and in- 
terpretation. Montesquieu gained not a little by its use. 
De Tocqueville says, "In America I have seen more than 
America; I have there sought an image of democracy it- 
self." 1 

In connection with the question of method, there is the 
problem of freeing political theory from the extended use of 
analogy which has often given a false idea of the nature 
of the political facts. In the case of the biological analogy 
which has been most extensively used, there has often been 

1 De la Democratic en Amerique, i, p. 19. 



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a tendency to make little or no discrimination between physi- 
cal and political phenomena. This method has doubtless 
served a purpose in strengthening the idea of the unity of 
the state, but an analogy cannot take the place of correct 
reasoning. Of this T. H. Green says, "If it were held, 
then, that the state were an organized community in the 
same sense in which a living body is, of which the members 
at once contribute to the function called life, and are made 
what they are by that function, according to an idea of 
which there is no consciousness on their part, we should 
only be following the analogy of the established method of 
interpreting nature." 1 

As by these and other methods other facts are presented, 
the problem of reconciliation of the points of view thus 
gained comes to the political theorist. He must also recog- 
nize the modern tendency to give a sociological interpreta- 
tion to many of these facts, which is now as marked as was 
the tendency to give a legal interpretation at an earlier time. 

It is evident that each method may be capable of render- 
ing service to the political theorist. To give to the con- 
clusions of each the proper value and place is a problem de- 
serving and receiving more and more attention. 

In considering the more concrete problems of political 
theory one of the first is that which is concerned with the 
origin and basis of the state. This problem is one that very 
early received attention from political theorists and writers 
upon political subjects. Its solution may make a great dif- 
ference in the working-out of other portions of a general 
theory of the state. 

To some writers both of early and later periods, political 
life is innate, and man is man only as he is political. It 
should be observed that among those using somewhat simi- 
lar terms in regard to this basis of the state in the nature of 

» Principle* of Political Obligation, sec. 125. 



52 



POLITICAL THEORY 



man, there is often a wide difference in the content of these 
terms. Some draw one conclusion along the lines of a 
natural law as the basis of the state and others another. 
Some base the state in might or force and enter upon the 
elaborate explanations to account for the source of this 
force, which they claim makes the state possible. 

The theory that the state is the product of "natural law" 
gave to the term "natural law" and its various modifications 
the most divergent interpretations. 

The same may be said of the attempts to base the state in 
a "social contract." 

That there are still problems in regard to the origin of 
the state will be evident in the comparison of the points of 
view of almost any of the recent discussions upon the sub- 
ject. Some even question the right of the state to be. 

These problems have occupied so much of the space in 
the books upon political topics that more than a mere men- 
tion of the fact that the problem of origin still remains 
seems unnecessary. 

These theories as to the origin of the state serve to show 
that there is a problem for the political philosopher in the 
distinction of causes of political phenomena from conditions 
of political phenomena. It is possible that had this ques- 
tion been earlier raised, political theory would have been 
more advanced. The attempt to account for non-political 
facts by political causation has been common in the field 
of theory. A clear discrimination between the phenomena 
that condition and those that cause political activity removes 
many difficulties. Not all theorists would agree in regard 
to the respective categories. It is probable, however, that 
to most investigators soil, climate, configuration of the land 
and sea-lines would, in general, condition political develop- 
ment. The solution of the problem of placing conditioning 
phenomena in their proper relations is one which will bear 



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valuable results. The elimination to a great extent of time 
and space in human relations has removed conditions favor- 
able to the individualistic theory of the state and furnished 
new problems. 

Before discussing further problems, it seems fitting that 
. a question that logically might have been raised earlier 
should be proposed, viz. : What is the state as the subject 
about which political theory centers? 

The problem of definition is not a simple one. There are 
many excellent descriptions of a state which contain an enu- 
meration of such of the conditions of state existence as seem 
to the given writer desirable, such as the number of persons, 
the territorial basis, or the end for which the state exists. 
These facts in regard to the state may be enlightening to a 
general reader, but become a source of confusion when at- 
tempt is made to use them in a definition for political theo- 
rizing, as would be the case in a chemical experiment where 
a bottle bearing a given name contains not merely what the 
name indicates, but other chemicals as well. Frequently ac- 
cidental attributes are regarded as essential and are accord- 
ingly made a part of the definition. The attempt should 
therefore be made to exclude from the definition everything 
not essential to the state and to include everything essential. 

While the writer of this paper was requested to set forth 
some of the problems of political theory only, it may not 
be out of place to offer a tentative definition of the state. 
Whether or not this definition meets the standards which the 
problem of definition sets forth, it has in actual use been 
found a convenient point of departure for political theoriz- 
ing. The definition offered for consideration is that the 
state is a sovereign political unity. 

This definition is offered in part that the proposition of 
subsequent problems may be somewhat more definite, and 
that, if possible, their solutions may be less complicated. 



POLITICAL THEORY 



The terms used in the definition need for themselves defini- 
tion, and in their definition important theories are involved. 

The term "political" has had various meanings placed 
upon it and its content has increased or diminished from time 
to time till now, in the days of world-politics, its content is 
very different from what it was in the days of the Grecian 
city-state. The word seems, however, to have attained a) 
fairly clear meaning at present as the term for public in 
distinction from private affairs of men. 

When coupled with the word "sovereign," the unity is 
marked off from any other in which men are associated. 
The problems connected with sovereignty will be considered 
later. 

By the definition, the state is distinguished from a social 
unity. Consequently, there are many problems of the rela- 
tionship between the state and voluntary organizations 
within and without the state. There may remain and does 
remain the problem of determining how far the state, e. g., 
shall concern itself with religious affairs, but here it will be 
a problem of determining the external conditions of relig- 
ious life rather than the religious life itself. That the state 
could only condition non-political life, not create or destroy 
it, has been a lesson which nearly all religions have been 
slow to learn. It may be said of the conduct of state au- 
thorities toward other human activities that they have often 
mistaken the power to condition for a creative or causal' r 
power and have attempted to solve by state agencies prob- 
lems which could only be solved by other means. 

Whatever be the definition of the state, the doctrine of 
sovereignty is generally regarded as the central doctrine 
of political theory. Few topics have been the subject of 
more extended treatment, and as there does not even yet 
seem to be an agreement as to what is meant by the term 
sovereignty, it may be assumed that here will be found an 



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important problem. The word is used in different senses by 
different writers and not infrequently in different senses by 
the same writer in succeeding pages. With comparatively 
few exceptions, as will be seen from Merriam's History of 
Sovereignty since Rousseau, the doctrine of sovereignty ad- 
vocated by a given writer was based upon the grounds of 
temporary political expediency rather than upon philosoph- 
ical reasoning. That the. theorists of the present day should 
show the same tendency would be natural, and hence arises 
the necessity for guarding against the influence of psycho- 
political environment of the period. 

Closely related in its results to this influence of environ- 
ing conditions is that which leads writers to give to earlier 
political or other concept an importance and emphasis com- 
mensurate with that which it has previously received. This 
is particularly true in regard to the emphasis placed upon 
the doctrine of sovereignty. It might be proper to raise 
the question whether too much attention has not been given 
and is not now given to the consideration of the doctrine in 
its various forms. Whatever be the answer to this question 
the problems connected with the exercise of the supreme 
political authority are becoming complex to a high degree 
through the differentiation consequent upon new forms of 
dependencies and modern interstate relations. 

Bryce, in his essay on "The Nature of Sovereignty," 1 
says, after discussing various confusions in regard to the 
subject of sovereignty, "Had the qualifying terms 'de jure' 
or 'de facto' been added every time the word 'sovereignty* 
was used, most of these difficulties would have disap- 
peared." Later (p. 54G), he says in speaking of interna- 
tional relations, "Nevertheless, where some legal tie has 
been created between two or more states, placing one in a 
lower position, we may say that inferiority exists de jure, 

1 Btudie* in History and Jurisprudence, p. 542. 



56 



POLITICAL THEORY 



while if there is an actual and continuing disposition of the 
weaker one to comply with the wishes of the stronger, 
there is inferiority de facto. Where the laws made by the 
legislative authority of one state directly bind the subjects 
of another state, the latter state cannot be called in any 
sense sovereign." Burgess 1 says: "Really the state cannot 
be conceived without sovereignty, i. e., without unlimited 
power over its subjects; that is its very essence." These 
quotations show the tendency shared also by many writers 
to establish an extreme definition for sovereignty. 

Such definitions give rise to the problem of classification 
and determination of the character of the so-called half- 
sovereign, parti-sovereign states, or fragments of states.' 
At the same time the extreme definition of sovereignty 
gives rise to the problem of the political status of members 
of federal states, confederations, and other unions. To 
this problem some give the terse solution that such are not 
states at all, but retain their names as such only by courtesy 
and should receive consideration only as administrative 
divisions. This is the position which has been growing 
more and more into the political theory of the past forty 
years. The question arises as to whether this theory has 
not simply reflected the actual political development of the 
period. 

Are states which voluntarily make treaties limiting the 
range of their freedom of action therefore no longer sover- 
eign ? If so, just what kind of a treaty renders the loss of 
sovereignty certain? Is it such a treaty as the defensive 
treaty between Great Britain and Japan, the Triple Alli- 
ance Agreement, the Arbitration Treaties of 1904, or the 
Anglo-Franco Agreement in regard to North Africa? All 
of these limit the free exercise of sovereign powers in cer- 

1 Political Science and Constitutional Law, i, p. 57, 
*JclHnck, Vel?cr Btaattfragmente, 



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tain respects. What is the position of neutralized states? 
Such problems as these become of practical importance for 
international law. While international law admits that "it 
is not inconsistent with sovereignty that a state should vol- 
untarily take upon itself obligations to other states, even 
though the obligations be assumed under stress of war, or 
fear of evil," 1 yet there remains the problem of determining 
the limit to which obligations may be assumed without loss 
of sovereignty. A state may be deeply in debt and still be 
classed as sovereign, may be neutralized, may be closely 
bound to another or to several other states, may be inter- 
nally disorganized, may be insignificant in area, population, 
and power, or seemingly may lack all attributes but recog- 
nition in the family of nations, and still be regarded as sov- 
ereign in international law. Is it necessary to answer that 
some of these "are sovereign because they are states and 
are states because they are sovereign ?" 

The problem arises as to how far sovereignty may be 
said to exist among these so-called states, and further, how 
such conceptions as spheres of influence and the like shall 
be regarded, and, again, how far sovereignty can be di- 
vided in states of various forms. Indeed, the question 
may be seriously raised whether there is at the present day 
with the close system of international relationships any sov- 
ereign state and whether with an extreme definition of sov- 
ereignty theorists will not soon be discussing a political 
phenomenon which has no corresponding entity in fact. 

With such political doctrines as the "concert of powers," 
"dominant influence," "Monroe Doctrine," "world confer- 
ences," etc., will not new and wide modification of a theory 
enunciated in the sixteenth century be necessary? 

There are also numerous problems centering about sov- 
ereignty as viewed from an internal as well as from the in- 

* Wilson and Tucker, International Law, p. 40. 



58 



POLITICAL THEORY 



ternational standpoint. Here the problems of federation, 
confederation, colonies, protectorates and other subdi- 
visions need merely to be mentioned as suggestive of fruit- 
ful fields for discussion. 

Again, such questions as the residence of sovereignty, the 
divisibility of sovereignty, the nature of the legal sovereign, 
and many others offer problems which are not yet fully 
solved. 

All definitions of the state recognize its political nature 
and that it may exercise its authority in political affairs. 
This does not, however, solve the ancient problem of the 
limit to which the state may extend its authority. In an- 
cient days, when the state was everything and man was 
held to exist for the state, the problem was much more sim- 
ple than in the days of pronounced individualism. The 
problem of the limits of state interference has always been 
a difficult one. The reaction against the medieval state 
with its privileged classes left a strong prejudice against 
state interference which the doctrines of individualism 
strengthened. The problem is to establish the proper de- 
gree of state regulation. As the state is political, its action 
should be for public ends. The solution of the limits of in- 
terference with and regulation of individual action can in 
part be determined by theory as to what is individual and 
what public; e. g., religion is now generally regarded as 
personal and not subject to state regulation, while freedom 
to worship is regarded as something to be secured by pub- 
lic authority as conducive to public well-being. The state 
exists for civic purposes. The individual considers his life 
as his own to be lived in freedom. To determine at what 
point the state authority may properly begin or cease is 
easy in extreme instances. There is, however, c wide zone 
in which this question is open to debate ; e. g., undoubtedly 
the proper education of children is a moral duty resting 



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upon the parent, and to relieve the parent of this duty may 
weaken him morally, yet the state in many instances edu- 
cates the child and compels him to attend school even when 
the parent may object. The question of the nature of the 
interference aids in clearing the problem of interference of 
some difficulties. If interference is classified, as with (a) 
beliefs, (b) property, and (c) conduct, a general solution 
of the problem can be more easily reached. Beliefs would 
in general be individual. Property is a least protected by 
the state, if not made possible by the state. Conduct may 
be individual or may affect the state. With beliefs the state 
would not interfere; over property the state must have 
jurisdiction, and in regard to conduct the state itself must 
judge. 

The problem of how far the state may regulate conduct 
is partly solved by reference to the existing body of law, 
which gives to the state extreme rights, even to the power 
of putting an end to a subject's existence in some instances. 
This gives rise to the problems centering upon the right to 
punish crime which has received much theoretical attention. 
It is granted that certain acts should lead to the exercise of 
counter acts by the person who suffers, by his family or 
friends, by the community, or by some properly constituted 
power. There might be danger both to the offended and 
offender if the exercise of force was uncontrolled. The 
right to exercise such force has therefore in most cases 
been asserted to belong to the state. The problem of the 
efficient and just exercise of force therefore appears. 

What political weight should be given to a particular in- 
dividual because of his possessions, status, capacities, etc., 
is a problem once thought to be solved, but again arising. 

The problems centering about the varied ideas of liberty, 
freedom, and equality have been greatly modified by the 
influence of the theory of evolution. The problems form- 



60 



POLITICAL THEORY 



erly having an individualistic basis are now calling for a 
sociological solution. 

Other such problems as rest upon the attempts to regu- 
late power and responsibility in state agents, to create a 
form of state control that shall be adapted to political needs, 
and problems having practical ends in view demand theo- 
retical consideration. 

From the theoretical point of view all these problems 
must be solved in the light of the solution of another prob- 
lem to which all bear a relationship, viz. : the problem of 
the end or ideal for which the state exists. Bluntschli 1 
formulates as the proper direct end of the state, "the devel- 
opment of the national capacities, the perfecting of the na- 
tional life, and, finally, its completion, provided, of course, 
that the process of moral and political development shall 
not be opposed to the destiny of humanity." This is an ex- 
cellent example of the influence of the time-spirit upon po- 
litical theory. The development of the theory of national- 
ity and the emphasis upon the embodiment of nationality 
in state form was a mark of his time and is reflected in his 
theory. Other theories as to the end of the state reflect the 
influence of the times as well. Sometimes it is protection 
of the individual, sometimes development of culture, some- 
times perfection of liberty, and so through a long list of 
special ends. 

The solution of the problem of the end of the state will 
depend upon the theory of the nature of the state. If the 
state be regarded as an organism, the end will naturally be 
found within itself. If the state be regarded as an organ- 
ization, the problem of the end becomes open to broader 
discussion. Is the state ever anything other than political ? 
Can its acts ever be other than public acts ? Does the state 
exist for other than political ends ? There are varying an- 

* Theory of the State, p. 800. 



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swers to such questions, though the tendency is to answer 
all in the negative. If answered in the negative, then a 
step toward the setting forth of the end^of the state is 
taken. Will not the end be in line of progressive public 
well-being, as the state is an organization based upon the 
will of human beings ? 

Even if all these problems were set forth in proper form 
and solved, if there is to be progress in human association 
and organization, and such seems to be the destiny, the po- 
litical theorist has the great problem which early confronted 
Plato, the problem of formulating such political ideas and 
ideals as shall cause mankind to aspire to the progressive 
realization of the possibilities of human development. 



NATIONAL ADMINISTRATION 



BY JAMES BRYCE 

[Jam£8 Bstce, Member of the British Privy Council, M. P. for Aber- 
deen, b. Belfast, May 10, 1838. B.A. Oxford University, 1862; 
D.C.L. ibid. 1870; Hon. LL.D. Edinburgh, St. Andrew's and Glas- 
gow Universities, Columbia University, Dartmouth College, Uni- 
versity of Toronto, University of Michigan; LittD. University of 
Cambridge, Victoria University; Doctor of Political Science, Buda 
Pesth University. Post-graduate of Oxford and Heidelberg. Bar- 
rister-at-Law, Lincoln's Inn, 1868; Regius Professor of Civil Law, 
Oxford, 1870-93; Under-Secretary of State for Foreign Affairs, 
1886; Chancellor of the Duchy of Lancaster, and Member of Cabi- 
net in Mr. Gladstone's last Ministry, 1892*94. Ambassador to the 
United States, representing Great Britain. Foreign member of 
the Institute of France and Royal Academies of Turin, Brus- 
sels, and Naples; Societa Roraana di Storia Patria; Correspond- 
ing Member of the Massachusetts Historical Society, Royal Acad- 
emy of Canada, and Literary Society of Iceland. Author of The 
Holy Roman Empire; The American Commonwealth; Studies in 
History and Jurisprudence; Impressions of South Africa; Studies 
in Contemporary Biography; and many other works.] 

The subject of national administration, on which I am 
invited to address you, is one of wide scope as well as great 
importance. It covers so large a field, it ramifies into so 
many branches of inquiry, that all I can attempt in the lim- 
ited time allotted is to sketch its outline and to indicate the 
chief topics which would need to be discussed in detail were 
a detailed discussion possible. It is a bird's eye survey of 
the landscape rather than a description of its features that 
I must proceed to attempt. 

By national administration I understand the whole ac- 
tion of the state in maintaining and defending itself and in 
securing for its members, the citizens, what it undertakes to 
do for them. It is that organization which the community 
has created for the two great purposes of self-preservation 
and of mutual benefit. Speaking more precisely, it has four 
aims. The first is the defense of the community against 



V 



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64 NATIONAL ADMINISTRATION 



external forces, i. e. t neighbor states or tribes, who were in 
early times presumably enemies. The second is the defense 
of the persons or bodies that govern the community against 
internal forces that may assail it, i. e. t against rebellion. 
The third is to provide for the members of the community 
the things for the sake of which the state is primarily 
formed, viz., order and the enforcement of civil rights, or, 
in other words, peace and justice. The fourth is to extend 
to members of the community various advantages which 
they might conceivably provide for themselves, but which it 
is supposed that the state through its servants can provide 
more efficiently. I omit the provision of religion, because 
many modern states leave it on one side and do not touch 
on the administration of dependencies, because this is fre- 
quently absent 

Of these aims, the first three have always existed in every 
community deserving to be called a state, and till quite re- 
cent times they covered all the services an administration 
was expected to render. Government existed for the sake 
of defense or conquest — in rude time defense passes nat- 
urally into conquest — and of order. In other words, the 
work of a national administration might be summed up as 
war and justice, and of these justice came second. But 
within the last two centuries, and especially during the 
nineteenth century, the last of the four grew apace, and 
now in the more advanced countries, more than half of the 
functionaries whom a national administration employs, as 
well as a considerable part of the money it spends, go to 
providing the citizens with things which in earlier times 
they either did without or provided for themselves. Such, 
for instance, are police, the transmission of letters and 
other articles, internal communications by railway or tele- 
graph, the instruction of the young, the health or safety of 
persons engaged in various employments, the construction 



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NATIONAL ADMINISTRATION 65 



of works of real or supposed public utility, the develop- 
ment of material resources (agriculture, forests, fisheries), 
the supplying of information serviceable for commerce or 
industry. 

It is in this direction that new work is being undertaken 
in so many ways and on a daily increasing scale. But in all 
branches of administration there has been a prodigious ex- 
tension of state action. It is not only that the progress of 
civilization creates new wants and leads to new demands; 
the old functions also have become more complicated with 
the progress of science. Armies are larger; navies are 
larger; both are incomparably more costly, because all the 
processes of war are more elaborate. These two services 
cost in England to-day nearly $300,000,000, as much as the 
total expenditure of the national government was for all 
purposes sixty years ago. At the siege of Port Arthur, Ja- 
pan has probably already spent $5,000,000 in projectiles 
discharged and ships destroyed, not to speak of the loss of 
men. The whole tendency of recent years has been to 
throw upon national administration more work, to require 
from it more knowledge and skill, to intrust it with the ex- 
penditure of more money, to make its efficiency more essen- 
tial, since it is expected to help the nation in competition 
with other nations, and to expose its members, the civil 
servants of the state, to more frequent and stronger temp- 
tations. This evident tendency to widen the sphere of na- 
tional administration raises the question, What kinds of 
work ought it to undertake, and from what ought it to ab- 
stain ? Here we have a topic more than large enough for a 
whole course of lectures, so I will indicate only the most 
general considerations that apply to it. These considera- 
tions are not the same for all countries. In some countries 
the people are backward, ignorant, uninventive, and may 
need more leading from their government than is needed in 



66 NATIONAL ADMINISTRATION 



other countries. In some countries the standard of honor 
and purity among officials may be comparatively low, and 
it may, therefore, be unsafe to intrust to such officials the 
disposal of large sums of money or the management of 
costly enterprises. Apart, however, from these local 
sources of difference, there are three general considerations 
tending to dissuade a wide extension of such functions of a 
government as are not essential to the defense and internal 
order of a country. One is the danger of discouraging or 
superseding individual enterprise. The greatness of a state 
depends in the last resort on the vigor, the alertness, the 
self-reliance of its citizens. To reduce their initiative, to 
teach them to follow passively instead of leading and guid- 
ing their administration, may be the worst service you can 
do them. A second ground for caution is the risk of reduc- 
ing the amount of care and forethought which people take 
for their own interests. If you carry too far your efforts 
to protect them either against physical harm or against self- 
indulgence, or against fraud, evils which their own activity, 
self-control, or prudence might avert, you may so discour- 
age the habit of looking after their own interests as ulti- 
mately to do more harm than you prevent Leading- 
strings destroy the sense of individual responsibility. 
Lastly, you may incur the danger of making the adminis- 
tration too powerful a factor in the social and political life 
of the country ; you may teach it to feel itself a master in- 
stead of a servant; you may form the wholesome habit of 
obedience to the law into the slavish habit of obedience to 
the official. Did time permit one could illustrate these risks 
from the examples of some modern countries, which have 
been led, partly by an exaggerated conception of the all- 
pervading grandeur of the state, partly by the natural tend- 
ency of officials to grasp at more power, partly by an hon- 
est wish to effect improvements with the utmost speed, to 



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push far beyond the old limits the interference of public 
authorities in fields formerly left to the individual. Doubt- 
less there is one important argument on the other side to be 
regarded. It does not follow that what government leaves 
alone is left alone for the benefit of the individual citizen. 
The monopolist — be he a man or a combination of men who 
are rich, who are active, who are able, who are perhaps also 
unscrupulous, though not necessarily unscrupulous, for we 
must not allow the resentment which some combinations 
have evoked to prejudice us against all those who try, pos- 
sibly by fair means, to draw vast branches of business 
within their grasp— is in the field ; and he may not only ex- 
trude the individual, but may appropriate to himself im- 
mense gains which the action of government might have se- 
cured for the community. These are cases, therefore, in 
which national administration may undertake work which 
otherwise it would have declined, because in doing so it is 
really protecting the interests of the individual as a business 
man and a taxpayer, and preventing the growth of a power 
which might reach dimensions dangerous to the commu- 
nity as a whole. Nevertheless, it may safely be said that 
the general presumption is in favor of leaving individuals 
to do whatever it is not either necessary or, at least obvi- 
ously, advantageous that the state should do for them. 
State intervention can doubtless often be shown to be de- 
sirable, even where it is not essential. But the burden of 
proof lies on those who would introduce it, for natural laws 
generally, though I repeat not always, work better than 
human devices intended to modify them. 

Before leaving this question let me note that I am speak- 
ing primarily of national administration, not of public ad- 
ministration generally. There are some kinds of work not 
safe or suitable for the government of the state, which local 
authorities may properly undertake. The objections above 



68 NATIONAL ADMINISTRATION 



indicated need to be qualified when we apply them to local 
elected bodies, through which the energy of the private 
citizen may exert itself and which may check the domi- 
nance either of private monopolists or of an organized 
bureaucracy. In England, for instance, we are now ex- 
perimenting in large extensions of the work of local mu- 
nicipal and county councils, and we hope for good results. 

Let us pass to consider what are the principles that 
should determine the character of a national administra- 
tion, and what are the conditions of its efficiency. I do 
not enter into the question of its structure, nor into the 
distribution of functions between it and the local authori- 
ties of the country, for these matters depend largely on the 
political constitution. They are different in a federation 
like yours from what they are in a unitary country like 
Great Britain ; they are different in free states and in ab- 
solute monarchies. They are different in highly central- 
ized countries like France from what they are in England. 
Yet one point deserves to be noted: To be strong for 
national purposes a government need not be centralized. 
For all administrative purposes the United States supplies 
an obvious example, and an administration which controls 
all local affairs may not only reduce the habit of inde- 
pendence among the people, but may also, if the country 
is managed on a party system, become an engine of mis- 
chief. The best scheme seems to be one which leaves to 
local authorities, and preferably to elected local authori- 
ties, all such functions as can safely be intrusted to them, 
together with a limited power of taxation for local pur- 
poses, while retaining some measure of control by the cen- 
tral administration in case they overstep either the statu- 
tory limits of their powers or the limit of a discretion ex- 
ercisable in good faith, and in a spirit neither corrupt nor 
oppressive. To fix the precise amount of control to be so 



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reserved for the central administration is no easy task. 
But it is not an impossible task, for in England, where it 
has been tried, we find that comparatively few difficulties 
arise in practice. 

Passing on to principles which apply to administrative 
systems in general, there are some points that may be taken 
for granted. There must be a systematic organization of 
the work in each department of administration ; there must 
be proper regulation for promotion and for discipline 
among the officials. But the question of providing for the 
representatives of each great department in the political 
scheme of the national government, whether in the private 
council of an autocrat or in the cabinet of a constitutional 
country, or in the ruling assembly, presents grave and in- 
teresting problems. 

It is essential that those who do the departmental work 
of a country in all its main branches, such as collection 
and expenditure of revenue, preservation of order, educa- 
tion, carrying-out of various administrative statutes, 
should be in close touch with the political organs of na- 
tional life; and this in several ways. They must be re- 
sponsive to public opinion ; they must be liable to have their 
action criticised publicly and freely; they must have op- 
portunities of defending their conduct when so criticised; 
they must have means of suggesting changes in the law 
' which their administrative experience shows to be neces- 
sary, and of tending to the legislative power evidence and 
arguments in support of their proposals. These are mat- 
ters which an autocratic government can deal with readily 
enough if it has the wisdom and public spirit to do so, for 
there the executive which conducts the administration is 
also the legislative authority which changes the law. The 
weak point of such a government is the want of control by 
public opinion. But in a popular government administra- 



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70 NATIONAL ADMINISTRATION 



tion and legislation may be quite disjoined. I will en- 
deavor presently to show how in England and her colonies 
provisions have been made for conjoining them which 
have, on the whole, worked well and given satisfaction to 
the people. 

Now let us come to what is the most material thing, the 
persons who compose the administration, *. e., the civil 
service of the country. 

Their first and highest merit is honesty, and the rules of 
the service must be such as to help them to be honest by 
removing temptation as far as possible from their path and 
by keeping them under vigilant supervision. The second 
requisite is capacity, that is to say, not merely general abil- 
ity and diligence, but also such special knowledge and skill 
as their particular line of duties requires. The increasing 
specialization of all kinds of work, due to the progress of 
science and the further division of labor in a civilized so- 
ciety, makes this need. more urgent than formerly. It is, 
however, still imperfectly recognized, except perhaps in 
Germany, where persons entering official life receive an 
elaborate special training. 

In order to secure capable and diligent men, the civil 
service must be made attractive; that is, it must offer ad- 
vantages such as to draw into it persons who might expect 
to obtain wealth or distinction in other occupations, as, for 
instance, in the legal or medical or literary or engineering 
professions, or in commercial business. How is this to be 
done? Many things go to make people seek public em- 
ployment. Nowhere, perhaps, is it so much sought as in 
Greece, — a poor country offering few careers to a surplus 
of educated and aspiring men ; yet those who know Greece 
know that the attractiveness of the profession has not given 
Greece an exceptionally efficient civil service. But, speak- 
ing generally, the way to draw talent into state service is 



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NATIONAL ADMINISTRATION 71 



to make it perfectly open to all citizens, to make it perma- 
nent, to pay it well, and to make it socially respected. Posts 
ought to be filled by appointment or other than by election. 
Election by the people is almost sure to be made on party 
grounds, and party views are no guide to the finding of 
a capable man whose business it will be to do official work 
into which party views do not or ought not to enter. Elec- 
tion by a legislative body, such as an assembly or a city 
council, may give better opportunities than does a vote 
at the polls for ascertaining the qualifications of a candi- 
date ; but it is likely to be made for other reasons than the 
candidate's fitness, — possibly party reasons, possibly the 
wish to please a candidate's friends. The only way to fix 
responsibility is to give the function of selection to a single 
person and make it his interest as well as his duty to select 
carefully and honestly. To secure even this is so difficult 
that an examination either fixing a minimum level of 
knowledge or awarding posts by open competition has been 
found a valuable expedient. 

The reasons for making the civil service a permanent 
service are no less obvious. Unless a man is sure that he 
will not be dismissed except for some fault, he will not 
spend his time and money in getting a proper preparatory 
training, and will not feel that sort of interest in his work 
and loyalty to the nation as his employer which go so far 
to make him do his work, well. If, moreover, the occu- 
pants of the posts are frequently changed, the experience 
they have acquired will be lost to the public and the new 
appointee will be for a time less competent, because he will 
have to learn his work. As respects payment, it ought to 
be on a scale properly adjusted to the cost of living and 
to the incomes made in other occupations requiring a simi- 
lar amount of knowledge and skill, though, of course, the 
scale may fairly be fixed somewhat lower in respect of the 



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72 NATIONAL ADMINISTRATION 



permanence of the employment as compared with the risks 
which the professional or commercial man has to face. It 
is a good plan to let part of the remuneration take the form 
of a pension, which is practically deferred pay contingent 
on good conduct. Where poverty forbids the public serv- 
ant to live in a style corresponding to his social position, he 
is more likely to yield to the temptation of supplementing 
his salary in an illicit way. The social status of the civil 
service does not indeed wholly depend on what the govern- 
ment gives as payment. Much turns on the habits and 
traditions of the people, though the amount of payment is 
a considerable factor in making men seek that career. In 
Germany, for instance, and in France official salaries are 
lower in proportion to the cost of living and to the incomes 
of professional and business men generally than are the 
salaries of civil servants of the same class in England, 
while their average ability is as good. It would seem that 
employment is more sought after in the two former coun- 
tries than in England because Frenchmen and Germans 
have a relatively stronger sense of the grandeur of the state 
and because state service carries a relatively higher social 
standing. 

Not less important is the principle, amply approved by 
experience, that the servants of the state must be kept en- 
tirely out of strife of political parties. Appointments ought - 
not to be made on party grounds; promotion ought to be 
made either by seniority or by merit; no political work 
ought to be expected from officials, nor should they be suf- • 
fered, even if they desire it, to join in political agitation. 
It may, indeed, be doubted whether they and the country 
would not benefit by their exclusion from the suffrage, but 
no one who knows the temper of democracies will suggest 
this as a practical measure. Rather may it be deemed 
what is called a "counsel of perfection," for no nation 



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NATIONAL ADMINISTRATION 73 



seems to have adopted or to be in the least likely to adopt 
it. The mode of promotion raises difficult questions. If 
it is by seniority only, able men will be kept out of the 
higher posts until perhaps the best working years of their 
life are over, while dull men may happen to be at the top. 
If seniority is disregarded, there will be many jealousies 
and heart-burnings among the veterans who are passed 
over, and imputations of favoritism will be made, possibly 
often with reason, for it is so hard to say who are the men 
most worthy of advancement that an unconscientious head 
of an office may indulge his personal predilections or yield 
to the pressure of his friends urging the claims of their 
friends. An old Scotch official is reported to have said 
that he always gave the posts to the best men, but he usu- 
ally found that his relatives, belonging to the same vigor- 
ous stock as that from which he came, were the men. I 
can say from experience that the exercise of patronage is 
one of the most difficult as well as the most disagreeable 
parts of an administrative work. Whatever care one takes, 
mistakes will occur, and for one friend you make three 
enemies. 

Between the political form of a government and the ex- 
cellence of its administration there is no necessary connec- 
tion. It used to be thought that despotisms were favorable 
to efficiency, and doubtless such autocratic eighteenth-cen- 
tury reforming monarchs as Frederick the Great did im- 
prove the management of their state affairs. The example 
of Rome supported this view: her provincial administra- 
tion, bad under the Republic, improved immensely under 
the earlier Empire, and it was indeed the strong and 
skilled civil service that more than anything else enabled 
the Eastern Empire so long to resist the foes that encom- 
passed it on every side. But the least pure, and probably 
one ot the least efficient, administrations in Europe, is that 



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74 NATIONAL ADMINISTRATION 



of Russia; Turkey is, of course, much worse, but then the 
Turks are still a barbarous people. The civil service of 
England under a polity practically democratic is better to- 
day than it was under the oligarchial rule which lasted till 
1832, and it may, along with that of France, claim to be 
the best in Europe after the German, which is, probably, 
the most efficient in the world. 

It is, however, true that in popular governments the civil 
service is exposed to some special dangers. There is a 
danger that it may be used in the game of politics ; a dan- 
ger that its members may try to secure their own ends by 
bringing pressure to bear upon politicians. In Australia, 
where the railways belong to the state governments, the 
railway employees, forming in some places a considerable 
proportion of the electors, gave so much trouble by their 
efforts to obtain higher pay that they were at last taken 
out of the local constituencies and given separate repre- 
sentation. A difficulty of a quite different kind is that the 
masses of the people, not realizing how much skill and 
capacity are needed in officials holding the highest kinds 
of posts, may be unwilling to pay adequate salaries. The 
voter to whom $1000 (£200) a year seems vast wealth 
does not see why he should pay one of his servants $10,000 
(£2000). Yet a capable official may save the nation twice 
that sum annually by his exceptional skill. 

It may give some concrete vitality to these general ob- 
servations if I illustrate them by a few references to the 
administration of Great Britain, of which I know some- 
thing practically, having been at one time at the head of 
one of the largest public departments. In Britain, the na- 
tional administration is practically a growth of the last 
seventy years. Before the Reform Act of 1832 the only 
public offices were the Treasury, the Foreign Office (the 
names were not then the same), the departments of the 



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NATIONAL ADMINISTRATION 75 



Navy and Army. There was a Home Office and a Board 
of Trade and Foreign Plantations, which pretended to look 
after North America (not very successfully) and the West 
Indies, but they had very few duties and a very small staff. 
There was no India Office (though a germ of it existed 
in the Board of Control), no Colonial Office (colonial work 
went along with war), no Education Office, no Local Gov- 
ernment Board, no Post-Office, no Board of Agriculture, 
no Scottish Office. Yet this increase of the central de- 
partments in England is not due to a suppression of local 
authorities, for these are far more numerous and more im- 
portant now than they were in 1832, and are more im- 
portant than in any other of the large countries of Europe. 
Each of the great departments is presided over by a lead- 
ing politician ; the chief among these have seats in the 
Cabinet. The civil service, which is under these chiefs, 
has for a long time been a permanent service, the members 
of which are not dismissed except for misconduct or in- 
efficiency. A few of the highest posts are political, and 
change with a change of government, but these are little 
more than forty in number. Ambassadors are members of 
the permanent service, and so are colonial governors, 
though occasionally some person of special fitness is 
brought in from outside. Every one is obliged to retire 
not later than at sixty-five years of age and is then entitled 
to a pension, which may, after forty years' service, be as 
high as two-thirds of the salary which was being received 
when the time for retirement came. Till 1855 posts were 
filled by the patronage of the head of the office, which was 
usually exercised either by favoritism or else to win or to 
reward political support. In 1855 a strict entrance ex- 
amination was instituted, and in 1870 the great majority 
of the posts, higher as well as lower, were thrown open to 
competition, an experiment that had already been made 



76 NATIONAL ADMINISTRATION 



with the large and highly paid civil service of India. A 
few posts at the top and the bottom still remain outside 
the competitive system. The former, among which, of 
course, were embassies and governorships, may, in some 
cases, only with the sanction of the Treasury, be filled by 
the appointment of an outsider ; and in this way good men 
are occasionally brought in where the office may contain 
no man specially qualified, while there are also occasional 
jobs, which personal friendship or party affiliation have 
prompted. The places at the bottom not awarded by ex- 
amination are now not numerous and receive quite small 
salaries; they are mostly petty appointments in the cus- 
toms, needing nothing more than honesty and diligence. 
Even those are a vexation to members of Parliament to 
whom their constituents apply for recommendations, and 
there is a general wish to take them altogether out of the 
sphere of political patronage, as postmasterships recently 
have been taken out. In one or two offices there still ex- 
ists a system of what is called limited competition, t. e., 
the candidate must be nominated by the head of the de- 
partment and a competitive examination is held to select 
the best men from among the nominees. This prevails in 

the F O . It is not hard to obtain a nomination, 

and the nomination is deemed to afford some guarantee 
that the candidate is in the position of a gentleman and may 
be trusted not to betray or misuse whatever knowledge of 
confidential matters he may obtain. 

All the examinations are conducted by a body called 
C. S. G., under regulations regarding subjects and marks 
for excellence approved by the Treasury and published. 
Complaints are sometimes made that an examination in 
literary and scientific subjects does not prove a man's fit- 
ness for practical life, and least of all for the work to which 
in India a youth of twenty-six may be set, of governing 



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hundreds of thousands of people. But the answer is that 
neither does a system of political patronage secure fitness 
in point of character, while it offers far less security for 
intellectual competence. Accordingly, the competitive 
system has taken root and is not likely to be abandoned. 
It satisfies the popular desire for equality, and it has raised 
the level of ability without lowering the level of integrity 
in the civil service. The officers employed by local au- 
thorities (such as city and county councils) are usually 
also permanent, i. e., are not removed except for miscon- 
duct or inefficiency. No executive officer is elected by the 
people. 

The British civil service is broadly divided, omitting 
some minor details, into two sets of officials, who corres- 
pond, roughly speaking, to that distinction which holds 
its ground in England between those who are and who are 
not what is conventionally called "gentlemen." The sec- 
ond division clerks have duties of a more mechanical and 
less responsible kind, which needs a less complete educa- 
tion, and they receive salaries of from £70 ($350) to £300 
($1500) a year, a very few going as high as £500 ($2500). 
There are about three thousand in all, and the competi- 
tion is keen and copious. The first division, higher class, 
or men who have received a high education, usually at a 
University, have salaries which, beginning at £200 
($1000), rise in the first class of this division to £1000 
($5000) by gradual increment. Some few of the great 
posts have a salary of £1500 ($7500) or even £2000 
($10,000). In the Indian colonial service the salaries are 
generally higher and the length of service does not exceed, 
except in very special cases, twenty-five years, after which 
the official can retire at £1000 ($5000) a year pension. 

Promotion in the lower grades of both divisions is by 
seniority, but for important posts this is disregarded, and 



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78 NATIONAL ADMINISTRATION 



men may rise by merit. Where exceptional ability is 
shown, a person may be raised from the second into the 
first division. 

Those who have had experience in the working of an 
office generally wish that they had a freer hand in promo- 
tion than our system allows. They would like not only 
to secure quicker advancement to capable men, but also 
more frequently to bring in from outside men of excep- 
tional talent, and to be able to offer them exceptional 
salaries. I have already indicated the dangers incident to 
the giving this freedom to the head of a department. It 
might be allowed to the best Ministers and the best perma- 
nent heads of departments; they, of course, have more to 
do with all promotions, save those to the highest places, 
than the Minister has, for they know the staff much more 
intimately. But it would be abused by all but the most 
conscientious. 

Three other topics need a passing mention. One is the 
general control which the Treasury exercises over all the 
departments, through its power of fixing salaries, through 
the fact that it has to approve and present to Parliament 
and defend in the House of Commons the estimates for the 
expenses the departments incur in the public service, and 
through the fact that in some cases statutes make its con- 
sent necessary to certain acts of the other departments. 
The Treasury is really the keystone of the British official 
system, holding the various departments together; and I 
remember how frequently it used to happen that when some 
change in organization was desired, or when some new 
kind of work was to be undertaken, one had to say to the 
permanent head, "We must now see the Treasurer about 
this. He can meet the objections they will probably raise." 

A second point has already been adverted to. It is the 
supervision of local authorities all over the country by 



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some of the central departments, and to some extent by 
the Home Office, to a still larger extent by the Board of 
Education and the Local Government Board. This last in 
particular has received by various acts important functions 
in watching, and if need be, arresting or controlling the 
action of county and district councils and of city and bor- 
ough councils. This control, however, is not arbitrary 
and hardly even discretionary, for it chiefly consists in re- 
quiring them to observe strictly the provisions of the stat- 
ute law. Nor dare the local government board act in an 
arbitrary way. The county councils are powerful bodies, 
powerful socially as well as legally, for they contain many 
men of high position and great influence. The borough 
councils are also strong, and have great strength in the 
House of Commons through their parliamentary repre- 
sentatives. There is, therefore, little risk of encroach- 
ment by the central government on the powers of these 
local bodies. 

A third topic has been already mentioned in passing, 
viz., the relation between the civil service of the country 
and the political organs of government, — the Cabinet and 
Parliament. In Britain this relation is secured by the plan 
which places a leading parliamentary politician, who is 
necessarily also prominent in one of the two great parties, 
at the head of each of the great departments, about twelve 
in number. He, sitting in Parliament, speaks for the de- 
partment to Parliament and to the nation. He is respon- 
sible for everything the department does or omits to do. 
He has to explain its policy, to defend its acts, to stand the 
fire of parliamentary criticism. He may be every day pub- 
licly questioned, and he is bound to answer, unless he can 
say that the matter is confidential and that the interests of 
the public service require him to keep silence. It is to him 
that suggestions are made by members of Parliament and 



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80 NATIONAL ADMINISTRATION 



others regarding needed legislation or administrative ac- 
tion. It is he who receives deputations complaining of 
something done amiss, or asking that something should 
be done. It is he who appoints royal commissions or de- 
partmental committees to investigate and report on diffi- 
cult problems. When his permanent departmental ad- 
visers think that legislation on any topic is needed, it is he 
• and his parliamentary under-secretary, if he has one, who , 
bring in the bill and argue for it in Parliament. So 
through him the department obtains the means of extend- 
ing the scope of, or improving, its own action, and thus of 
better serving the country. Finally, as he is a member of 
the Cabinet, he consults his colleagues on such departmental 
questions as involve exceptionally large interests or have 
a political bearing, obtains their sanction for any new de- 
parture, and thus sees that the policy of the department is 
in harmony with the general policy which the Cabinet is 
following and which its supporters presumably approve. 
Thus the harmonious working of the whole machinery is 
insured and the department is kept in that close touch with 
public opinion which is essential to the proper conduct of 
affairs under a free constitution. It is a further advantage 
that as the parliamentary opposition almost always contains 
some person who has been head (or under-secretary) of 
each department, there are always men in Parliament be- 
sides the men actually in office who can bring practical ex- 
perience to bear on departmental questions when they come 
up. It is now our custom that a former head of a depart- 
ment, though he is expected to watch and to attack (when 
necessary) the action of his successor in office, helps his 
successor to pass department bills which raise no contro- 
versy over the principles on which the two parties are op- 
posed. There are almost always friendly and often con- 
fidential relations between the present Minister and the ex- 



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81 



Minister for each department, and the advantage of these 
relations is so evident that the rank and file of the two 
hostile parties, though seldom backward in their criticism 
of what are called "the two front benches," take no serious 
objection to the custom just described. 

The English civil service impressed me, when I saw it 
at close quarters, as being an efficient service. Twenty 
years ago it had not quite as much first-class ability, either 
at home or in India, that is, quite as large a proportion of 
the available talent of the country as perhaps it ought. But 
with the coming up of younger men admitted under the 
competitive system, the level of capacity has been rising. 
Many of the best men from the great universities now 
enter it. It is, perhaps, still deficient in special training 
for the scientific side of administrative work, but this de- 
fect diminishes as better provision is made for instruction 
in these subjects, a matter heretofore neglected in England. 
It is not always abreast of new ideas and expedients, but one 
can hardly expect a public service using public money to 
be as bold and enterprising as private firms. It maintains 
an extremely high level of purity, scandals being almost 
unknown. It has a strong corporate public spirit and sense 
of duty to its own reputation and to the country. It exerts 
a great and, I think, a growing influence upon legislation 
and upon the way in which legislation is carried out in 
practice. This it does, not because the law allows a wide 
stretch of power to officials, for in this respect England 
resembles the United States, and gives no such free hand 
as France and Germany do, but because each department 
has formed its own settled habits and traditions, and im- 
presses these traditions and its own views upon its parlia- 
mentary head. That head is, no doubt, its absolute mas- 
ter. But he is obliged by his want of special knowledge 
to lean upon the experience and judgment of his staff, and 



82 NATIONAL ADMINISTRATION 

he needs a keen mind and a firm will if he is to overrule 
their counsels. The permanent officials usually serve him 
loyally, whatever their private political views may be. The 
trust he reposes in them and the credit they enjoy in the 
country are due to the fact that a civil servant is under- 
stood to have no politics and must not meddle with party 
controversies, either by speaking at meetings or by writ- 
ing in the press. It is against constitutional doctrine to 
impute any blame or attribute any policy or any responsi- 
bility to a member of the permanent civil service. Policy 
and responsibility belong to the parliamentary head, be- 
cause he has the power of controlling and, if necessary, of 
dismissing, for serious fault, his subordinates. 

In my own country of Scotland a sermon — and this ser- 
mon would be for Scotland a short one — usually winds up 
with what is called "The Application." If I am to append 
an application to this discourse, in extenuation of the dry- 
ness of which I must plead the overmastering necessity of 
severe compression, the practical lesson to be enforced is 
the following: 

Every country which desires to be well administered 
must keep two things vital. One is to keep its public 
service pure. To keep it pure it ought, in these days of 
increased temptation, to be well paid. If it is well paid, it 
is sure to attract plenty of ability, and ability may be 
trusted, under an honest and careful system of promotion, 
to find its way to the top. 

The other thing is to make appointments by merit and 
promotions by seniority and merit combined. For this 
purpose it must be kept out of politics. Let admission to 
the public service and advancement in the public service be 
altogether removed from the political pressure of legis- 
lators and unaffected by the political opinions of candi- 
dates. Forbid the civil servant to canvass or to speak or 



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83 



to write on any party political questions. Teach him to 
regard himself as the servant of the whole nation, and not 
of a party in the nation. You are no doubt debarring him 
from one of the privileges of a citizen. But he has other 
privileges which the ordinary citizen does not possess, and 
his special powers carry with them special disabilities. He 
must submit to the latter if he is to be trusted in the exer- 
cise of the former. 

The chief danger which seems to threaten political life 
in our times is the growing power of wealth and the tend- 
ency to abuse public authority and public office for the sake 
of private gain. This was a gross evil from the despot- 
isms and oligarchies of former days, and an evil from 
which it was hoped that democratic government would de- 
liver us. It has, however, reappeared under new forms, 
and in many countries it threatens the honest and efficient 
working both of the elective and of the administrative ma- 
chinery of the nation. 

The grander and the wider the part which administra- 
tion plays in the highly developed modern state, attempting 
a hundred new tasks and handling sums of money of un- 
exampled magnitude, so much the more essential has it 
become that the machinery of government should be 
worked with a high-minded and single-minded devotion 
to the interests of the whole people. 

It is for the people themselves to secure this by showing 
that keen and sympathetic watchfulness over administra- 
tion which the founders of the American Republic nearly 
three hundred years ago gave to those simple and homely 
institutions, the product of long English centuries, out of 
which the vast fabric of your present national government 
has grown. The state is no doubt only a name for the 
totality of the individuals who compose it. But it repre- 
sents, or ought to represent, those individual citizens in 



84 NATIONAL ADMINISTRATION 



their highest aspect, in their most earnest hopes. It em- 
bodies the hallowed traditions of their past. It looks for- 
ward to an ever-widening collective effort after progress 
in the future. A state wisely, purely, energetically ad- 
ministered is not only itself the product of an enlightened 
and upright people : it is a mighty factor in helping to cure 
their faults, to cultivate their virtues, to bring them nearer 
and nearer to their ideal of a happy and noble life. 



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THE PROPER GRADE OE DIPLOMATIC 

REPRESENTATIVES 

BY JOHN WATSON FOSTER 

[John Watson Footer, Lawyer, Washington, D. C. b. Pike County, 
Indiana. March 2, 1836. A.B., A.M. Indiana University. 1865; 
LL.D. Wabash College, Princeton and Yale Universities. United 
States Minister to Mexico, 1873-80; to Russia. 1880-81; to Spain. 
1883-85 ; Special Ambassador to Russia, 1897 ; President of National 
Arbitration Conference, 1904-05. Member of Washington Acad- 
emy of Sciences; President of Washington Archeological Society, 
etc. Author of various magazine articles and diplomatic sub- 
jects; also many books ] 

In the letter inviting me to speak on this occasion, I have 
been requested to prepare a paper on present problems in 

diplomacy. 

Had I been asked to treat of present problems in inter- 
national law, I would have found a wide field open for our 
consideration. That branch of jurisprudence is a progress- 
ive science. Old theories, such as mare clausum and the 
three-mile ocean limit, are being discarded or modified by 
the changing conditions of commerce and invention, and 
new principles are sought to be introduced into the code of 
nations. The question of the exemption of private property 
from seizure on the high seas in time of war, advocated 
more than a hundred years ago, is still under discussion and 
likely at no distant day to be accepted by the nations. The 
practice of blockade has undergone marked changes in the 
past century, and the theory of peaceful blockade is under 
present-day discussion. Modern warfare has created new 
questions. It is requiring a revision of the contraband list 
and a more accurate definition of the rights of neutral ports, 
accepting more humane methods, and raising new topics, as 
the use of mines on the high seas and the proper restrictions 
as to wireless telegraphy. 



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But in diplomacy, strictly so-called, we find few topics of 
present-day discussion. The one which I consider of most 
importance is that to which I ask your attention — the proper 
grade of diplomatic representatives. 

International law is of modern origin and recent growth, 
the attempt at its codification only dating to the seventeenth 
century, and it scarcely came to be recognized as binding 
upon nations before the nineteenth; but the practice of 
sending and receiving ambassadors or diplomatic repre- 
sentatives has existed among nations from the earliest re- 
corded history. The ancient Egyptians are known to have 
frequently observed the practice; early biblical history con- 
tains references to the custom ; it was quite common among 
the Greek states, and observed by Rome both during the 
Republic and the Empire. 

But in all these cases and during the early period of 
modern European nations, embassies or missions were only 
used on special or extraordinary occasions, and were of a 
temporary character. Not until late in the fifteenth cen- 
tury did the diplomatic service become permanent in its 
character and the governments establish resident em- 
bassies or missions. This stage of organized growth was 
reached, however, a century and a half before Grotius be- 
gan the task of giving shape and authority to international 
law. Still, the rights and duties of diplomatic representa- 
tives were at that period imperfectly defined. This is seen 
in the accounts of the great congresses or conferences, fol- 
lowing the long wars of the European powers — those of 
Westphalia, Ryswick, and Utrecht; and the controversies 
then developed over the rank or relative standing of the 
respective ambassadors had a marked influence in fixing 
more accurately their status, but not until the Congress of 
Vienna in 1815 did the grade of the members of the diplo- 
matic corps become authoritatively established. 



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87 



It is a matter of some interest or curiosity in this con- 
nection to recall the fact that the question has been mooted, 
both in Europe and America, whether, in the existing con- 
ditions of the world, the diplomatic system is necessary and 
its utility justifies its expense. It is claimed that with the 
present development in steam communication, the rapid 
transmission of intelligence by electricity, and the general 
diffusion of news by the press, diplomatic negotiations 
might readily be carried on directly between the foreign 
offices of the various governments, that the interests of 
citizens and subjects might be attended to by consuls, and 
that on extraordinary occasions the business might be in- 
trusted to special temporary missions. With many the 
diplomatic service is regarded as a purely ornamental 
branch of government and its maintenance a useless ex- 
penditure of public money. 

This subject was, some years ago, considered by a special 
committee of the Parliament of Great Britain. Lord 
Palmerston, the Prime Minister, and the best informed and 
most experienced statesman of his day in international af- 
fairs, was examined. John Bright put to him the ques- 
tion, "Whether it would not be practicable to transact the 
ordinary business by means of written communications be- 
tween the two foreign offices, and when anything arose 
requiring particular attention to have a special mission of 
some member of the Cabinet ?" Lord Palmerston replied : 
"I do not think it would;" and proceeded to give the reasons 
for his belief. 

Mr. Cobden propounded the following: "If you go back 
two or three hundred years ago, when there were no news- 
papers, when there was scarcely such a thing as international 
postal communication, when affairs of state turned upon a 
court intrigue, or the caprice of a mistress, or a Pope's Bull, 
or a marriage, was it not a great deal more consequence at 



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that time to have ministers at foreign courts . . than it is 
in these constitutional times, when affairs of state are dis- 
cussed in the public newspapers and in the legislative assem- 
blies? . . . Under these circumstances, are not the func- 
tions of an ambassador less important now than they were 
two or three hundred years ago ?" 

Lord Palmerston replied : "I should humbly conceive that 
they are more important on account of the very circum- 
stances which have just been stated. ... I should think 
that the change which has taken place with regard to the 
transaction of public affairs in Europe tends to make diplo- 
matic agents of more importance rather than of less import- 
ance." 

This question has been made more than once the subject 
of inquiry by the Congress of the United States, and the 
various Presidents and Secretaries of State have given their 
opinion in favor of the utility and necessity of the service, 
and the Congress has continued to authorize it. The con- 
trolling judgment is well expressed in the language of Sec- 
retary Frelinghuysen to Congress: "Diplomatic representa- 
tion is a definite factor in the political economy of the world ; 
and no better scheme has yet been devised for the dispatch 
of international affairs, or for the preservation of friendly 
relations between governments." President Harrison, after 
his retirement from public life, left on record his view of it 
as follows : 

"The diplomatic service has sometimes been assailed in 
Congress as a purely ornamental one ; and while the evident 
necessity of maintaining the service is such as ought to save 
it from the destructionists, it is quite true that our diplo- 
matic relations with some of the powers are more cere- 
monious than practical. But we must be equipped for emer- 
gencies, and every now and then, even at the smallest and 
most remote courts, there is a critical need of an American 

. .... * . ...... .... 



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representative to protect American citizens or American 
interests." 

The grade or rank of diplomatic representatives has been 
the subject of discussion and fierce controversy from the 
date of the first establishment of permanent missions, more 
than four centuries ago, and although it was thought to have 
been finally and definitely settled at the Congress of Vienna 
in 1815, and that settlement was accepted and followed by 
the United States, it has recently been a source of discussion 
and embarrassment at Washington. To fully understand 
the question, it will be proper to make some reference to this 
controversy in the past. 

A diplomatic envoy is the representative of his govern- 
ment or sovereign, and his claim of rank is for his country 
and not for himself; so that the controversy in the past has 
been one of nations rather than of persons. During the 
medieval period the struggle of the European nations for 
preeminence in rank was the special feature of the era, and 
it gave rise often to the most absurd pretensions. It was 
sought to be maintained for various reasons, such as: The 
title of the sovereign, the size of the dominions, the antiquity 
of the royal family or date of independence of the country, 
the nature of the government (whether monarchy or repub- 
lic), the population, its achievements in arms, the date of 
the conversion of the people to Christianity, and even the 
services rendered to the Pope or the Church. Up to the 
time of the Reformation, the Pope was universally recog- 
nized in Christendom as having precedence over all sove- 
reigns ; next in order was the Emperor of Germany, as suc- 
cessor of the Roman Emperor, and below them a constant 
strife existed among the nations. For a time the republics 
were refused what were termed "royal honors," but finally 
Venice, the United Netherlands, and Switzerland were ac- 
corded recognition in the order of precedence here named, 



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The title of Emperor was sought to be made exclusive to 
the old German Empire, and Russia was forced to wait 
several generations after its ruler assumed that title before 
being accorded recognition as such. Four centuries ago the 
Pope of Rome, by virtue of his conceded preeminence and 
ecclesiastical authority, sought to settle the vexed question 
by issuing an order fixing the relative rank of the then exist- 
ing nations of Christendom. It illustrates the intensity of 
feeling which the question had aroused to state that, not- 
withstanding the high papal authority of that date, this arbi- 
trary settlement was not accepted and was only observed in 
Rome, and even there merely for a brief period. It also 
illustrates the evanescent character of the honor and the 
changes of the governments of the world, to note that of the 
score and a half of nations enumerated in the papal order, 
only three (England, Spain, and Portugal) exist to-day 
with the royal titles then accorded them. It is also curious 
to note that in this table of precedence England stood eighth 
in order and Russia does not appear in the list 

A large part of the deliberations of the great congresses 
of European nations, up to and even including the early 
part of the last century, was taken up in settling the ques- 
tion of precedence among the envoys or delegates. This 
was notably so at the Conference of Westphalia. At the 
Congress of Ryswick a warm debate occurred over the de- 
mand of the ambassadors of the Emperor of Germany 
that a particular space should be set apart for their 
carriages, and that this should be the post of honor; a 
fierce quarrel occurred over the allotment of rooms, and in 
the conference-room a single table had been provided; but 
no agreement could be reached as to the order of seating, 
and so in that room they all stood, and another room was 
provided in which there was no table, and the envoys sat in 
a circle. At the Diet of Regensberg the precedence of the 



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ambassadors was decided by an arithmetical rule by which 
each had precedence over the rest twice in ten days. At 
Utrecht a round table was used, but this lost its accommo- 
dating qualities when it was discovered that the place of 
honor was opposite the door of entrance, and that every 
place of honor has a right and left. At this congress a 
quarrel for precedence took place between the footmen of 
the several ambassadors, in the account of which it is re- 
corded that it "threatened to retard the peace of Christen- 
dom." Addison gives an amusing account in the Spectator 
of a discussion over it which he heard in one of the coffee- 
houses of London, the result of which he sums up in these 
words : "All I could learn at last from these honest gentle- 
men was that the matter in debate was of too high a nature 
for such heads as theirs, or mine, to comprehend." Macau- 
lay, in his History of England, describes in his best vein the 
Congress of Ryswick. which well illustrates these idle con- 
troversies. 

The contest of envoys to these international congresses of 
the past have not been more animated and absurd than 
those of the envoys to the several courts of Europe. Many 
amusing and sometimes tragic incidents have been narrated 
of the latter, from which I give some instances. It is re- 
lated that the Spanish ambassador to England, in 1661, in 
order to secure a place in the royal procession next to the 
King and before his French colleague, attacked the latter's 
coach in the streets of London, hamstrung his horses, and 
killed his men, thus vindicating his country's greatness. 
When the plenipotentiaries of France and Austria met to 
settle the conditions of marriage between Louis XIV and 
Maria Teresa, in order to preserve the full dignity of their 
nations, they stepped together, with the right foot, side by 
side, into a council chamber hung in corresponding halves 
with their respective colors, and sat down at the same in- 



92 DIPLOMATIC REPRESENTATIVES 



stent, precisely opposite each other, at a square table, on 
two mathematically equivalent armchairs. A story is told 
of two newly arrived envoys from Italy and Germany, who, 
being unable to agree on which should first present his cre- 
dentials to the King of France, stipulated that whoever 
reached Versailles the soonest on the day of their reception 
should take precedence of the other. The Prussian went 
the night before the audience and sat on a bench before 
the palace until dawn. The Italian, arriving early in the 
morning, saw the Prussian there before him and slipped sur- 
reptitiously through the door of the King's bedroom and 
commenced his salutation. The Prussian rushed after him, 
pulled him back by the skirts, and commenced his harangue. 
The memoirs of diplomatists and the histories of Europe are 
full of the exalted and absurd contentions of envoys, but the 
foregoing are sufficient to illustrate their extreme and often 
farcical pretensions. 

None of the monarchs of Europe was more insistent upon 
his rank than the "Little Corporal*' when he made himself 
Emperor of France. On inviting the Pope to attend his 
coronation, it was stiplated that the same ceremonies 
should be observed as at the coronation of the ancient Kings 
of France ; but on the arrival of the Holy Father, the latter 
was astonished to sec Napoleon take precedence over him, 
as if there were no question about it. In 1808 he caused 
the edition of the Almanack dc Gotha to be seized, because, 
as was its custom, it arranged the reigning houses alpha- 
betically and did not place Napoleon first. 

The question of the precedence of nations extends into 
the negotiations and framing of treaties. In former times 
the more powerful or more ancient of nations claimed the 
right to be first named in conventions and other diplomatic 
instruments, and not until the nineteenth century has it been 
vielded. As one of the younger nations, the experience of 



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the United States illustrates the progress made toward 
equality of treatment. In all of its treaties made in the 
eighteenth century it was named last. France first recog- 
nized with the United States in its treaty of 1803 (the 
Louisiana Purchase) the practice of the alternat, that is, the 
right of each chief of state to have his name and the name 
of his plenipotentiary appear first in the original copy of the 
treaty or other instrument which he retains. Great Britain 
refused to concede this right to the United States in the 
treaty of peace of 1814, and in anterior conventions, but, 
upon the insistence of the latter, yielded it in the treaty of 
1815 and thenceforward. It was first conceded by Spain in 
the treaty of 1819. The Spanish negotiator in consenting 
intimated that on signing he might deliver a protocol 
against its use being made a precedent for the future ; where- 
upon the stout John Quincy Adams informed him that the 
United States would never make a treaty with Spain with- 
out it. 

The contest as to the rank of the states, which had been 
waged for centuries, was sought to be settled at the Con- 
gress of Vienna of 1815. A committee was appointed with 
instructions to fix the principles which should regulate the 
rank of reigning monarchs and all questions connected 
therewith. The committee submitted a report to that end; 
but after a long discussion, the powers abandoned the pro- 
ject as one too difficult to realize, and confined their action to 
prescribing the composition and rank of the diplomatic 
corps only at their respective courts. But since that period, 
by the practice of governments, it has come to be recognized 
by them all that there can be no rank or precedence among 
independent and sovereign nations, but that all must stand 
on an equality in their negotiations. For instance, at the 
Conference of Paris in 1856, one of the most important in 
that century, the representatives sat at a round table in the 

• .. 



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alphabetical order, in the French language, of their national 
titles. In the Bering Sea Tribunal of Arbitration of 1893 
the United States had precedence over Great Britain be- 
cause of this order of arrangement. The same practice was 
observed at The Hague Peace Commission of 1899. At 
that conference it was expressly declared by the representa- 
tives of the great powers of Europe, "Here there are no 
great, no small powers; all are equal, in view of the task 
to be accomplished." 

The United States, when at its independence it entered 
the family of nations, accepted the order prescribed by the 
Congress of Vienna in 1815, which, with the addition made 
in 1818, recognized the composition of the diplomatic corps 
in four classes, to wit: ambassadors, ministers plenipoten- 
tiary, ministers resident, and charges d'affaires, with rank 
in the order named. For more than a century this country 
sent abroad, as its highest diplomatic representatives those 
of the second class, and this practice was observed up to a 
recent date. But the ministers plenipotentiary of the 
United States at the capitals of the great powers of Europe 
where ambassadors were maintained, have repeatedly com- 
plained that they were often humiliated and their usefulness 
sometimes impaired by the lower rank which they were 
assigned in the diplomatic corps, and this assertion gained 
general currency and acceptance through the press. It is 
true that ambassadors take precedence over ministers in the 
order of reception and seating on public occasions, at enter- 
tainments, and, at some European capitals, in order of their 
admission to interviews at the foreign office. It certainly is 
not agreeable to a minister of the great American Republic, 
who arrives first at the foreign office, to be required to step 
aside and give place to the representative of Turkey or 
Spain and wait till the latter' s audience is concluded with the 
Secretary of Foreign Affairs, simply because he bears the 



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title of ambassador. Mr. Bancroft, the American minister 
at Berlin, when subjected to this treatment protested against 
it, and Prince Bismarck decided that the practice should not 
be continued. Other American ministers who were made to 
suffer inconvenience or humiliation from the custom might 
possibly, by firm or considerate remonstrance, have obtained 
relief. The remedy uniformly suggested has been to raise 
the grade of representatives at the capitals named to that 
of ambassador; but the successive secretaries of state de- 
clined to make the recommendation to Congress. Such 
was the action of Secretary Marcy in 1856. Secretary 
Frelinghuysen said that the department could not, "in just- 
ice to its ministers abroad, ask Congress to give them higher 
rank with their present salaries ; neither could it with pro- 
priety appeal to Congress for an allowance commensurate 
with the necessary mode of life of an ambassador." When 
in 1885, Mr. Phelps, the American minister to Great 
Britain, urged that the mission be raised to an embassy, 
Secretary Bayard replied: "The question of sending and 
receiving ambassadors, under the existing authorization of 
the Constitution and statutes, has on several occasions had 
more or less formal consideration, but I cannot find that at 
any time the benefits attending a higher grade of ceremonial 
treatment have been deemed to outweigh the inconveniences 
which, in our simple social democracy, might attend the re- 
ception in this country of an extraordinarily foreign privi- 
leged class." 

Notwithstanding the reasons given by successive secreta- 
ries of state against the creation of the grade of ambassador, 
the Congress of the United States in 1803 did just what 
Secretary Frelinghuysen said would be an injustice to 
American ministers — authorize the grade without increas- 
ing the pay of its representatives. The legislation to this 
effect was inserted as a clause in one of the regular appro- 



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priation bills, and was passed through both chambers with- 
out a word of discussion or comment. If its effect in chang- 
ing a practice of the government for a hundred years had 
been made known at the time, it is extremely doubtful 
whether it would have secured the approval of the Congress. 

An ambassador has been held in Europe to be the special 
or personal representative of his sovereign, and to stand in 
his place at the foreign court, with the right to claim audi- 
ence at any time with the head of the state, and entitled to 
privileges and honors not accorded to other envoys of 
nations. This claim had some force when the monarch 
could boast, "I am the state;" but with the establishment 
of constitutional government and a responsible ministry, all 
foundation for such a claim was removed, and it certainly 
should have no place under a republican form of govern- 
ment. 

Events in Washington following the passage of the law 
creating the grade of ambassador in the American diplo- 
matic service have shown that Secretary Bayard was not 
astray in his fears as to "the inconvenience which in our 
simple social democracy might attend the reception in this 
country of an extraordinarily foreign privileged class." 
The reception of ambassadors from Great Britain, France, 
Germany, Russia, and Italy, in reciprocity for the nomina- 
tion of American ambassadors to those countries, was fol- 
lowed by the scandalous scenes in the Senate Chamber on 
the first inauguration day following their appointment, 
when in the zeal of the subordinate officials to show special 
honor to those newly created and exalted dignitaries, all 
the other members of the diplomatic body were neglected 
and left to find their way to their residences without an 
opportunity to witness and honor the induction of the new 
President into office; and, if the press reports are to be 
credited, further trouble was occasioned by the question of 



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the proper location of the ambassadors at the last inaugura- 
tion. Then came the problem whether the Vice-President 
of the United States should make the first call upon the 
new ambassadors, and the further question whether the Sec- 
retary of State, who stands second in succession to the 
presidency, and on the death of the Vice-President first in 
succession, should give place at entertainments and public 
functions to those dignitaries. These momentous questions 
were doubtless settled aright in the light of European pre- 
cedents, and the good sense and prudence of the eminent 
gentlemen who hold the ambassadorial rank have, it is prob- 
able, prevented other embarrassing and foolish questions 
from arising; but these events and those which attended the 
advent of the Mexican ambassador, whose coming was re- 
sented by the European ambassadors, as well as the recent 
unpleasant incident at the White House, when the am- 
bassadors collided with the Supreme Court, would have been 
avoided if the Act of 1893 had not been passed. When 
the act creating ambassadors was passed by Congress, the 
government of the United States had grown to recognized 
greatness and dignity in the eyes of European sovereigns, 
its diplomatic service had in the past hundred years and 
more won deserved honor and distinction, and it did not re- 
quire the bauble of a title to give its envoy greater standing 
or efficiency. I doubt very much whether the absence of 
rank has ever prevented any really able minister of the 
United States from rendering his country a needed service. 

I have referred to the theory that ambassadors, because of 
their supposed investiture of a special capacity to represent 
their sovereign or head of their state, have the right to de- 
mand an audience at any time with the chief of the nation 
to which they are accredited, and that such right does not 
pertain to diplomats of the next lower grade of ministers 
plenipotentiary. It is a theory which has come down from 



98 DIPLOMATIC REPRESENTATIVES 



the medieval period, but in modern times has become pure 
fiction. Vattel says of ambassadors that their "representa- 
tion is in reality of the same nature as that of the envoy" or 
minister plenipotentiary. Calvo, one of the highest living 
authorities on international law, referring to the claim that 
ambassadors "have a formal right of treating directly with 
the sovereign, of which the others [ministers] are deprived," 
says: "This is a distinction without a meaning, especially 
since the organization of modern nations no longer rests ex- 
clusively upon the monarchical principle, and therefore ren- 
ders it impossible for sovereigns personally to conduct inter- 
national negotiations. ... In our eyes the agents of the 
first two classes are exactly on the same line from the point 
of view of their character as of their duties and powers." 
Martens, the leading authority on diplomatic ceremonies 
and practice, writes: "Considered from the point of view 
of international law, all diplomatic agents, without regard 
to their class, are equal. This equality is shown by their 
all possessing, in a like degree, all diplomatic rights. . . . 
Many writers have tried to infer from the rules of Vienna 
that ambassadors, as representing the person of their sove- 
reign, have, in distinction from other diplomatic agents, the 
formal right of treating with the sovereign to whom they 
are sent, and of being received in audience by him at any 
time. We cannot admit this inference. As Prince Bis- 
marck opportunely remarked, 'No ambassador has a right 
to demand a personal interview with the sovereign/ The 
constitutional government of West European monarchies 
compels ambassadors to treat with the minister of foreign 
affairs." Lawrence (T. J.), one of the latest authors on in- 
ternational laws, says: "Ambassadors, as representing the 
person and dignity of their sovereign, are held to possess a 
right of having personal interviews, whenever they choose 
to demand them, with the sovereign of the state to which 



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they are accredited. But modern practice grants such inter- 
views or suitable occasions to all representatives of foreign 
powers, whatever may be their rank in the diplomatic 
hierarchy. Moreover, the privilege can have no particular 
value, because the verbal statements of a monarch are not 
state acts. Formal and binding international negotiations 
can be conducted only through the minister of foreign 
affairs." 

It has been seen that the increased expense of maintaining 
an embassy was one of the reasons given by American secre- 
taries of state against the creation of the grade of am- 
bassador. The style of living or the establishment which a 
diplomatic representative maintains has been given great 
importance, especially in the European capitals. It is a 
curious fact that in the early period after the establishment 
of embassies or legations it was the practice for the gov- 
ernment to which the ambassador was accredited to defray 
his expenses. For instance, we have the record that the 
Court of Vienna in 1679 appropriated a sum equal to $2000 
per week to meet the expenses of the Russian embassy, and 
of the Turkish embassy something over $1000. A century 
later the Turkish embassy at the same court cost the latter 
2000 rubles daily. The papal legate at Paris in 1625 cost 
the King of France 2500 livres daily. The celebrated Lord 
Macartney, British embassy to China, is said to have cost 
the Chinese Government a sum equal to $850,000. 

But in the course of time these splendid and extravagant 
expenditures became both burdensome to the court which 
furnished them and humiliating to the representatives of the 
country receiving them, and it came to be the practice of 
each government to defray the expenses of its own mission ; 
but it was assumed that this should be done on a scale be- 
fitting the dignity and standing of the nation, and govern- 
ments are supposed to keep this standard in view in making 



100 DIPLOMATIC REPRESENTATIVES 



their appropriations for the diplomatic service. An envoy 
who is sent abroad to represent his country ought not to be 
expected to maintain a more expensive establishment than is 
warranted by the salary paid him, and yet every American 
ambassador accredited to the capitals of Europe, who in any 
degree meets the expectations of his countrymen, spends 
annually much more than he receives from the national 
treasury. 

But the government of the United States is not the only 
one which fails to meet the expenses of its embassies. In 
his testimony before the parliamentary committee from 
which I have already made extracts, Lord Palmerston stated 
that the salary of the British ambassador in Paris was not 
sufficient to meet the outlay actually made by him ; and yet 
the salary and allowances of the British ambassador are 
more than three times as great as those received by the 
American ambassador to that capital. I have been in- 
formed on the best authority that when the post of British 
ambassador in Paris became vacant a few years ago by the 
retirement of Lord Dufferin, it was offered in succession to 
three British statesmen of prominence, who declined the 
honor on the ground that they could not afford the extra 
expense that would necessarily have to be met from their 
private purse. 

This fact may suggest the inquiry whether the style of 
living of ambassadors and the demands made upon them 
have not exceeded the proper bounds, and whether there is 
not some force in the argument used to justify Congress in 
its course, that it is not becoming our democratic repre- 
sentatives abroad to maintain such an ostentatious and ex- 
travagant style of living. The change of the American 
legations to embassies in the European capitals seems to 
have called for the maintenance of large houses or palaces 
and a much more lavish style of living, which have so great- 



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ly increased their expenditures that only persons of wealth 
can afford to accept these posts. It is a sad day for any 
country, but more especially for a republic, when its highest 
offices cease to be rewards of merit and fitness and when 
they can only be filled by rich men. 

Many incongruities and embarrassments result from the 
continued adherence to the several grades or rank in the 
diplomatic service established a century ago by the Congress 
of Vienna. The great powers of Europe, the United 
States, and Mexico send to other governments respectively 
the four grades of diplomatic representatives, and even a 
fifth grade has been added by some of them, who clothe 
consular officers with diplomatic functions under the title of 
"diplomatic agent," but no uniformity of action is observed. 
France, for instance, accredits an ambassador to Switzer- 
land, but ministers plenipotentiary are sent by the other 
neighboring powers — Germany, Austria, and Italy. On the 
other hand, France accredits only a minister plenipotentiary 
to its neighbor, Belgium. Another illustration of irregu- 
larity or inconsistency is found in the diplomatic body to the 
independent government of Morocco. There are minis- 
ters plenipotentiary from Germany, Great Britain, France, 
Italy, and Spain, ministers resident from Austria and 
Russia, charges d'affaires from Denmark, and the United 
States is represented by a consul-general, who acts in a dip- 
lomatic capacity, but in grade stands below all other powers. 

Each government determines for itself the grade of rep- 
resentative it will send to other countries, but the govern- 
ment to which the representative is sent claims and exercises 
the right of receiving or rejecting such person because of 
grade. But reciprocity of grade is not always observed. 
A representative of a lower grade is sometimes received 
from a country to which one of a higher grade is sent. 
The irregularity of rank is likely at any time to create dip- 



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lomatic embarrassments, as it already has in more than one 
instance. We have seen that the reception at Washington 
of an ambassador from Mexico was resented by the am- 
bassadors of the European powers. As one of them re- 
marked to me, they did not regard Mexico as sufficient in 
population and importance to exercise the right of ambassa- 
dorial appointment Suppose China, embracing more than 
one fourth of the population of the earth, older by thou- ' 
sands of years than the oldest of the so-called great powers 
of Europe, and possessing a high grade of civilization and 
intellectual attainments, should accredit ambassadors to 
those powers — upon what reasonable ground could they be 
rejected ? And yet should they have an intimation that such 
was the intention of that ancient empire, it is more than 
probable that its foreign office would receive such repre- 
sentations as would lead it to desist from its intention. 

The most serious embarrassment resulting from this dif- 
ference in grade of diplomatic representation is furnished 
by the relations at present existing between the United 
States and Turkey. For a number of years past these rela- 
tions have been in a most unsatisfactory condition. In no 
country of the Western world could the old fiction of the 
ambassador as the personal representative of the sovereign 
to-day approach so nearly a reality as in Turkey, as the 
Sultan is more fully than any other monarch the personal 
ruler of the state. All the great powers of Europe, and 
even the Shah of Persia, are represented at Constantinople 
by ambassadors, and they exercise the right of access to the 
Sultan at will to discuss official matters. The American 
ministers plenipotentiary have represented to their country 
that it is very difficult to get any just and proper consider- 
ation and dispatch of their business, because of the irre- 
sponsible character of the Secretary for Foreign Affairs or 
even of the Grand Vizier, as all important matters are de- 



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termined by the Sultan; and that, as they do not possess 
the ambassadorial character, they cannot without great diffi- 
culty have audience with him to discuss official business. 

To remedy this embarrassment, President McKinley 
caused application to be made to the Turkish Government 
for the appointment by the two governments respectively of 
ambassadors; but the proposition was not accepted by 
Turkey. The condition of the interests of American citi- 
zens in that empire continuing to be very unsatisfactory, 
President Roosevelt renewed the application for the appoint- 
ment of ambassadors ; but it was again rejected. It cannot 
well be understood in the United States why this application 
should be refused, when ambassadors from much smaller 
and less powerful countries, like Italy and Persia, are re- 
ceived at Constantinople. 

Last year a delegation of some of the most prominent 
citizens of the United States, representing large property in- 
terests in the Turkish Empire, made a visit to Washington 
and laid before the President a memorial, setting forth that 
American citizens and property in that empire were denied 
the rights and protection which had been secured by the am- 
bassadors of the great powers of Europe to their subjects 
and property interests. The President, being impressed 
with the justice of the memorial, caused a cable instruction 
to be sent to the American minister in Constantinople, 
directing him to ask for an audience of the Sultan in the 
name of the President, to enable him to communicate a mes- 
sage from the President to the Sultan on the subject of the 
memorial. After a delay of some weeks an audience was 
granted on the express condition that the minister should be 
limited to delivering the message of the President, but that 
he would not be permitted to discuss the subject with the 
Sultan. 

Even this decisive action of the President seems to have 



104 DIPLOMATIC REPRESENTATIVES 



had no effect, as the American citizens continued to be de- 
prived of the rights and privileges enjoyed by the subjects 
of the great powers of Europe, and for a third time an ap- 
plication has been made and rejected for the reception of an 
American representative with the grade of ambassador. 
The press has informed us that the American minister at 
Constantinople, under renewed and urgent instructions from 
Washington, pressed for a settlement of the question at 
issue, but that he was greatly delayed and embarrassed by 
the fact that the ministry have no real power to dispatch 
any important public business, because the Sultan reserves to 
himself that prerogative, and that, not being an ambassador, 
he found great difficulty in reaching the Sultan. Mean- 
while this important question remained undetermined, and 
it became necessary to dispatch a formidable American fleet 
to Turkish waters to evidence the President's interest in the 
question, and the fleet was held in the Turkish port until 
the demand of the United States was complied with. What 
more striking argument can be presented against the mainte- 
nance of the various grades in the diplomatic service? 

There is no good reason why the representatives of the 
smallest American republic or European principality should 
have a different standing, for instance, at the foreign office 
in London from that freely conceded to him in the Peace 
Conference of the nations at The Hague; neither should it * 
be expected that any government would be forced, because 
of a mere grade in the diplomatic hierarchy, to maintain 
a more lavish display at a foreign court than its principles - 
or convenience would determine. 

The remedy for the embarrassments arising from diplo- 
matic rank is a simple one. In the reference I have made 
to the foolish contests which were carried on for centuries 
by the nations of Christendom, great and small, for preced- 
ence, we have seen that only one solution of the problem 



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could be found, and that was so simple we wonder now that 
so fierce a warfare could have been possible, that is, recog- 
nition of the equality of sovereign nations, so that to-day 
the smallest republic of Central America is equal in nego- 
tiations and at international conferences with the most 
powerful empire of Europe. There will be no satisfactory 
settlement of diplomatic rank until all dictinctions and 
special privileges are abolished and a single grade is estab- 
lished in all the capitals of the world. 



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DIPLOMACY 



BY DAVID JAYNB HILL 

[David Jatns Hill, LL.D. b. Plainfleld, New Jersey, 1850. A. B. 
Bucknell University, 1874; Graduate Student, Universities of Ber- 
lin and Paris, and of Ecole Libre des Sciences Polltiques, Paris, in 
1888 and in 1897; Honorary LL.D. Colgate University, 1884; Union 
University, 1902; University of Pennsylvania, 1902. Professor of 
Rhetoric, Bucknell University, 1877-80; President, ibid. 1880-88; 
President of University of Rochester, N. Y., 1889-96; Assistant Sec- 
retary of State of the United States, 1898-1903; Professor of 
European Diplomacy, Columbian University, 1899-1903; Envoy 
Extraordinary and Minister Plenipotentiary of the United States 
to Switzerland, 1903-05; Envoy Extraordinary and Minister 
Plenipotentiary to the Netherlands, 1905; United States Am- 
bassador to Germany, 1908. Fellow of the Association for the 
Advancement of Science; Member of American Academy of 
Political and Social Science; Member of American Historical As- 
sociation. Authob of various text-books of rhetoric, psychology, 
and economics; Genetic Philosophy, 1893; International Justice 
with a Plan for r .ts Organization, 1894; The Conception and 
Realization of Neutrality, 1902; A History of Diplomacy in the 
International Development of Europe, 1905.] 

Among the great interests modern times, none is more 
deserving of public attention than the transaction of inter- 
national business. Every ship that discharges a cargo in 
a foreign port, every telegraphic message from beyond the 
sea, every exchange of commodities across a national 
frontier, imparts to the world a deeper sense of its unity 
and solidarity. 

While private enterprise, seeking legitimate extension, 
is thus becoming international, public functions are passing 
through a significant process of development. Politically 
and legally, the surface of the earth is held under the sov- 
ereignty of independent governments, sometimes remote in 
space from the territories over which they exercise control, 
and all intent upon extending their power and importance. 

107 



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At a moment when industry and commerce have become 
most keenly aware of a world-wide interest, the political 
system is most vigorously emphasizing the power of terri- 
torial control. The situation thus created presents the 
most intricate diplomatic problem of our time, — the recon- 
ciliation of political conceptions originating in an age of 
national isolation and general hostility with the rising tide 
of human activity which is asserting, and will never cease 
to assert, the rights of commercial intercourse. 

I. The Classic Conception of Diplomacy 

The fundamental doctrine of diplomacy is the absolute 
sovereignty of the state. Raised by this theory above all 
laws, each state exists for itself alone. Without distinc- 
tion of governmental forms, empires, kingdoms, and re- 
publics alike all pretend to possess those unqualified at- 
tributes which ancient Roman theory accorded to a prac- 
tically universal empire. When the great national mon- 
archies rose out of the ruins of the ancient system, each 
assumed the imperium which Rome had formerly exer- 
cised, and subsequent constitutional transformations, while 
profoundly modifying the state as regarded from within, 
have never affected its sovereign pretensions. The exist- 
ing international system, therefore, presents the contradic- 
tion of merely territorial sovereignties claiming the pre- 
rogatives of absolute power. The tardy recognition of 
formal equality among them has, indeed, conceded some- 
thing to the order of fact ; but this concession confronts us 
with the anomaly of actually limited and theoretically co- 
equal political entities, all assuming to possess supreme au- 
thority. 

The diplomacy based on this conception has been ren- 
dered classic by gifted writers, who draw their inspiration 



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from these pretensions. Its patron saint is Machiavelli, 
its consummate apostle, Talleyrand. Its maxims, crea- 
tions of eighteenth century philosophy, — half imagination 
and half metaphysics, — have been formulated by Ancillon 
and Count de Garden. "Whoever can do us harm, wishes, 
or will wish, to injure us. Whoever, by superiority of 
force or geographic position, can injure us is our natural 
enemy. Whoever is unable to harm us, but can, by the 
extent of his power or the advantage of his position, in- 
jure our neighbor, is our natural friend. These proposi- 
tions, concludes Ancillon, "are the pivots upon which all 
international intercourse turns.*' 

The forces of a state are grouped by Count de Garden 
under four rubrics: territorial, pecuniary, military, and 
federative. A nation becomes strong by extending its 
frontiers, augmenting its material wealth and credit, main- 
taining a powerful military organization, and entering into 
conventional arrangements with other powers for its own 
exclusive advantage. 

All this implies that national prosperity consists in ac- 
quisition and expansion, unlimited in principle and meas- 
ured only by the energies of the nation. It is egoism made 
public, systematic, and absolute. Self-aggrandizement be- 
ing the mainspring of national life, all our neighbors are 
our natural enemies ; for they will take all that we do not 
appropriate, and when they are able, will strip us of what 
we already possess. The only means of preserving na- 
tional existence is, therefore, to appropriate so much and 
to possess it so securely that we may become irresistible. 

The normal relation of human societies, according to 
this conception, being one of permanent hostility, material 
greatness is the one purpose of public action, and armed 
force the only safeguard of existence. In this system, the 
diplomatist has no other function than to exercise his per- 



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110 CONTEMPORARY DIPLOMACY 



sonal cunning in securing the preponderance of his sov- 
ereign master. Since the destruction of competitors is an 
indirect method of increasing our own superiority, the aims 
of diplomacy — according to this school of thought — are not 
only to keep our own secrets, but to discover those of our 
neighbors; not only to form favorable relations with other 
powers, but to destroy those of our rivals ; not only to es- 
tablish our own commerce, but to undermine and defeat 
the commercial enterprises of others. Depth of knowledge, 
rectitude of principle, elevation of character, and regard 
for the common good may be personal adornments; but 
they are not indispensable to a diplomatic agent, and may 
even embarrass his success. 

Let us admit that nations cannot exist without a primary 
regard for their own interests ; that force is the final safe- 
guard of justice in every form of human society ; and that 
war may sometimes be necessary and even become a duty. 
But is it true that suspicion and hostility, rather than mu- 
tual confidence and friendship, are the natural basis of in- 
ternational relations? Is it true that honor, justice, and 
cooperation can produce a reign of prosperity and security 
within the boundaries of particular states, but must ob- 
stinately halt at the national frontiers and refuse to pass 
beyond them? 

It is time to treat the classic axioms of diplomacy as 
economists have treated the fictions that so long separated 
economic philosophy from the realm of fact The theory 
of the physiocrats, that a nation can be prosperous only as 
it develops agriculture; and the doctrine of the mercantile 
school, that national prosperity consists in the accumula- 
tion of precious metals, are both now seen to be without 
foundation. Production is a vital process as manifold as 
human wants and human faculties, and wealth a state of 
satisfaction not capable of being measured in the terms of 



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one commodity. Modern thought has mu.tc it plain that 
the deductive method has crippled and disfigured every 
science which it has ever attempted to organize; for no 
concrete being is the incarnation of a single principle, and 
no living thing is incapable of transformation. The law 
of evolution is as applicable to the forms and elements of 
human society as it is to the natural world. The sociology 
of nations presents no exception; and diplomacy needs to 
be brought down from the realm of false abstractions and 
unverified traditions, and made to grasp the full signifi- 
cance of the facts and forces of contemporary progress. 

Since the great classic masters of diplomatic science 
formulated its theories, a profound transformation, half- 
conscious but wholly inevitable, has taken place. Public 
attention may accelerate this movement and public indif- 
ference may retard it, but no conceivable influence can 
wholly destroy its work. Since the era of absolutism — 
which the French Revolution interrupted and the Congress 
of Vienna attempted to restore — the constitutional move- 
ment has placed charters of popular rights in the hands of 
nearly all civilized peoples, and the work of national unifi- 
cation has thrown new light on the moral nature of the 
state. In place of chance aggregations of disparate ele- 
ments, held together by arbitrary force, homogeneous na- 
tions have come into the foreground of history to work out 
their natural destinies. Within these states, law, order, 
justice, and security have come to be respected. But the 
crown and completion of the political system — the estab- 
lishment of law, order, justice and security between na- 
tions — still remains inchoate. 

How are these great aggregations of humanity to be 
brought under the laws of social well-being and progress? 
Diplomacy must seek the answer from those historic forces 
and those forms of human knowledge which have modified 



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112 CONTEMPORARY DIPLOMACY 



and still continue to modify the conditions under which its 
task is to be accomplished. In a general sense, the whole 
onward movement of human knowledge and culture — in- 
cluding the art of warfare, the means of transportation and 
communication by steam and electricity, the influence of the 
press, the diffusion of education and culture, the expansion 
of the horizon of public interest by trade, travel, and the 
prompt publicity of remote occurrences — has transformed , 
the organization of society. But we may, in particular, 
better comprehend the task of modern diplomacy by con- 
sidering some of its relations to history, jurisprudence, 
ethics, economics, and education. 

II. The Relation of Diplomacy to History 

"History," as De Tocqueville has remarked, "is the 
breviary of the diplomatist." It not only explains the na- 
ture of his functions, but it is the record of his achieve- 
ments. It recalls the former existence of a vast inter- 
continental state,— comprising parts of Asia and Africa, 
and nearly all of civilized Europe,— embracing a single 
faith, governed by a single code of law, and comprising 
nearly all that then existed of human civilization. It shows 
how the political unity that held in the embrace of one 
universal empire the Britain and the Numidian, the Span- 
iard and the Assyrian, and for centuries made of the Medi- 
terranean a Roman lake, realized a state that included a 
great part of humanity. It explains how an organization 
so complete and powerful was finally overwhelmed and 
dismembered by a mistaken policy toward the despised bar- 
barians who surrounded it. It reveals the psychological 
and moral unity of Europe in that marvelous transforma- 
tion of the barbarian kingdoms into another vast empire 
founded on community of religious faith, the reunion of 



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free assemblies, and the organizing capacity of Charles the 
Great. It proves the practical futility of the imperial con- 
ception by the whole course of subsequent events. The in- 
evitable dismemberment of the medieval empire into inde- 
pendent kingdoms, the development of feudal society as a 
means of local defense, the inadequacy of merely local gov- 
ernment for the necessities of industrial and commercial 
growth, the rise of the great monarchies as a means of 
emancipation from feudal servitude, and the reconciliation 
of local sovereignty and universal authority in the forma- 
tion of modern states, are all consecutive links in a chain 
of irrefutable argument by which the diplomatists vindi- 
cates the indispensability of his science to the world. 

It is an historical certainty that the permanent organiza- 
tion of mankind must henceforth rest on the basis of inde- 
pendent political communities. No one familiar with his- 
tory can imagine the possibility of reestablishing a uni- 
versal empire. No thinker permeated with the historical 
spirit entertains a serious hope of a general federation of 
sovereign states. Smaller political communities may, per- 
haps, be gradually absorbed in the larger; but the great 
powers give no promise to coalescence, and no indication 
of uniting to form a permanent confederation. These 
great masses of organized human energy may still modify 
their frontiers, but they will continue for centuries to con- 
front one another, as fixed and enduring on the surface of 
the earth as the stars in the firmament 

The task of the diplomatist is, therefore, neither a van- 
ishing nor a declining enterprise. It is one which, on the 
contrary, in the presence of the bristling array of terrific 
instruments of destruction on sea and land, assumes an 
ever-increasing solemnity and responsibility. The diplo- 
matist should know the history of these great national en- 
tities, and of their relations to one another, as a compe- 



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114 CONTEMPORARY DIPLOMACY 
• 

tent physician would wish to know the life-record of a 
delicate or dangerous patient; for the present — in nature 
and in life, individual and national — is but the epitome and 
expression of the past. The future knows no other guide, 
and it is from history that we are to gather the formulas 
of present action. 

In view of its importance, it is astonishing that no com- 
plete history of diplomacy exists in any language. Such 
a history would include not only an account of the rise and 
progress of international intercourse, but an exposition of 
the motives by which it has been inspired and the results 
which it has accomplished. But even this statement does 
not fully define the scope of such an undertaking; for an 
intelligent comprehension of diplomacy must also include 
a consideration of the genesis of the entire international 
system, and of its progress through the successive stages 
of its development. Thus regarded, it would be seen that 
diplomacy — taken in its largest sense, and including the 
foreign policy of nations — possesses the deepest qualities 
of human interest; for the whole fabric of present inter- 
national relations, embracing its laws, usages, privileges, 
and obligations, is the result of past diplomatic activity. 

If, therefore, the diplomatist is deeply indebted to the 
historian and would gladly increase his indebtedness, his 
guild is prepared to make a rich return in compensation. 
It is from his archives that the most precious and trust- 
worthy materials of history are to be derived. It is his 
dispatches that explain the origin and causes of every war 
and the terms and conditions of every peace. It is in the 
correspondence and records of his government and in the 
details of his letters, memoirs, and reminiscences that the 
whole psychology of international policy must be sought. 

A new type of history came into being when Von Ranke 
in Germany and Mignet in France turned their attention 



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to unused diplomatic sources. For fifty years past, in- 
numerable scholars have ransacked the archives of the 
European governments, gathering a rich harvest of data 
and documents relating to special questions; and thus, at 
last, international events, studied from many angles of ob- 
servation, as from a multitude of photographs, begin to as- 
sume their just proportions. On some future day, when 
the scientific historial has made full use of this authentic 
material, a mirror will be held up to nature, in which not 
only the diplomatist may perceive the lessons of past ne- 
gotiations, but citizens of once opposing nationalities may 
discern the true merits of great controversies, so easily dis- 
torted by patriotic pride and popular tradition. Every 
such revelation, by diminishing the role of passion and 
prejudice, will narrow the chasm which separates peoples, 
by enabling them to discover that in their most bitter con- 
tentions there were two sides where they have been ac- 
customed to see but one. 

Passing over a multitude of instances, a single example 
may serve to illustrate what remains to be accomplished in 
the vast and fertile field of diplomatic history. Toward 
the close of his reign, his Holiness, the late Pope Leo XIII, 
opened to the use of historical scholars the secret Archives 
of the Vatican. Thus, for the first time were presented 
to the scrutiny of the historian the records and correspond- 
ence of the most ancient international institution in the 
world. The reports of the papal nuncios alone fill more 
than four thousand volumes, divided into twenty-one 
groups, according to the places from which they were writ- 
ten. There are, besides, letters of importance covering 
centuries of intercourse by kings, princes, cardinals, bish- 
ops, and eminent individuals 

The labor bestowed upon this rich collection of docu- 
ments has already borne precious fruits, but a vast propor- 



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116 CONTEMPORARY DIPLOMACY 



tion of its contents still remains to be explored. The Aus- 
trian and Prussian Institutes have published a part of the 
reports of the nuncios emanating from Germany, but the 
great mass of these reports still remains untouched. The 
French School at Rome has published many valuable docu- 
ments found in the papal archives, including the registers 
of several popes, and also a number of special studies, such 
as the scholarly works of Deprez and Pelissier, which ex- 
emplify what may yet be done for the history of diplomacy, 
now, for the first time, rendered possible in the scientific 
sense. 

But even when made accessible in printed form, the con- 
tents of diplomatic archives have little human interest until 
they are placed in those relations which render them sig- 
nificant to the public mind. No text-book of mathematics 
is more dull and unattractive than a volume of treaties; 
yet, when we enliven its dreary text by bringing upon the 
scene the national interests involved, the deep, human senti- 
ments affected, the exciting drama of negotiation, the 
deadly struggle and ardent aspiration which its contents 
represent; when we follow the conflict of which this dull 
document forms the conclusion, and perceive in it a vic- 
tory of peace and intelligence that swallows up and sym- 
bolizes the victories of war ; when we see in it the triumph 
of a just cause, the sepulchre of a false ambition, the ruin 
of a hopeless system, or the consecration of a great prin- 
ciple, we realize that nothing serves better to mark the 
rising tide of human progress. But when a treaty of 
peace becomes a yoke of servitude imposed by force upon 
a prostrate people, defeated in a just cause, we learn how 
infinitely far the triumphs of arms are removed from the 
triumphs of reason ; and that the least certain path to equity 
is that appeal to force which adds to the misfortune of in- 
justice the calamity of defeat. 



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III. The Relation of Diplomacy to Jurisprudence 

Trial by battle has long since been suppressed in all civ- 
ilized communities, as essentially barbaric and irrational; 
yet great nations continue to arm themselves for future 
conflicts, and appeal to the God of battles to crown them 
with victory. What is it, then, which justifies the use of 
armed force by the state, while the forcible avenging of 
private wrongs is condemned in the individual? What is 
it that dignifies with the honorable name of "war" the con- 
fiscation of property and the taking of human life by public 
determination, when these are punished as "robbery" and 
"homicide" if perpetrated by private persons? 

Jurisprudence replies that the state is an association of 
human beings organized for the attainment of common 
ends, — among them public peace, justice, and security of 
life and property, — acting in the interests of all, not for 
the benefit of one or a few. Its laws are the necessary 
antidote for anarchy, and its authority to make and enforce 
them is derived from its "sovereignty." 

It is precisely this conception of "sovereignty" that re- 
veals the transformation of human thought with regard to 
the organization and relations of the state. In the Roman 
Republic, it signified simply "the majesty" of the Roman 
people, but under the Empire it lost its connection with 
the constituent elements of the state, and was translated 
into "the will of the Emperor." In the revival of Roman 
law that accompanied the formation of modern states, it 
assumed the form of absolute monarchy, and accepted the 
formula, "Whatever is pleasing to the Prince has the force 
of law." In the philosophy of the revolutionary era, the 
source of authority was sought in the people, but without 
losing its absolute character. The doctrine of "popular 
sovereignty," in its crude and unanalyzeri form, suggests 



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that whatever is pleasing to the majority has the force of 
law, — an inference which might be used to justify any 
enormity which a vicious or misguided multitude might 
choose to perpetrate upon the few, or upon the rights of 
foreign peoples. 

Such a conception of the state would be as false as it is 
inadequate, and no thoughtful and well instructed jurist i 
would defend it. The essence and justification of the state 
lie in the social purpose which it seeks to accomplish, as 
defined in its constitution, for the bare and formless will 
of a people cannot serve as its foundation. A state is not 
a chance or arbitrary association of men bent on a preda- 
tory expedition. Such a group of human beings would be 
called a mob rather than a commonwealth. Nor can such 
an aggregation of men rise to the dignity of a state by 
mere organization and discipline, as a band of highwaymen 
might be subordinated to the direction of a chief. A state 
is brought into being by historic conditions which unite 
men in a body politic for the purpose of self-regulation 
and the realization of common ends of order, justice, and 
security. The state, therefore, is a moral entity, in which 
all private benefits are subordinated to public well-being. 

It is only as a moral entity,— or, as it has even been 
called, as a "moral person," — possessed of will, intelligence, 
and determining principles, that a form of human society 
can claim the attributes of a state. Otherwise, it is merely 
a form of force, without prerogatives founded on juridical 
conceptions. What, then, is "sovereignty," if not the pre- 
rogative of a state to command its own constituents, to 
make and enforce laws, to guard its own being and inde- 
pendence from aggression, and to be recognized as a moral 
entity? 

Such is the modern juristic conception of the state, and 
as such it holds its place in the family of nations. Is it, then, 



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a moral entity when seen from within, and devoid of all re- 
lation to law and justice when regarded from without? 
The qualities which support and justify its claim to "sov- 
ereignty" within establish its place as a responsible agent 
in all its intercourse with other bodies politic. To say that 
the state exists solely for itself, and is subject to no law 
or principle which it chooses to deny or disregard, is to 
destroy at its root all civil authority whatever. The indi- 
vidual does not voluntarily enter the state; he is placed in 
it by an act of nature. By another act of nature, nations 
of men exist side by side, forming separate political com- 
munities. Whatever principle of natural right subordin- 
ates the subject o? citizen to the legal jurisdiction of his 
birth, coordinates coexisting sovereign states and creates 
between them reciprocal rights and obligations. 

Before the time of Gentilis and Grotius, the states of 
Europe had as little regard for each other's rights as rival 
bands of brigands; but these great jurists and their suc- 
cessors, appealing to the intelligence of all nations, by dis- 
closing the existence of universal principles inherent in 
human nature, convinced mankind that even in a state of 
war, laws are not wholly silent. 

In his great work on The Laws of War and Peace, Gro- 
tius, appealing to the universal rights of humanity, pointed 
out that the state, existing for the realization of justice, 
must apply just principles even in its use of force. A body 
politic, refusing to be governed by rules of justice, thereby 
forfeits its claim to sovereignty; for, in declining to per- 
form its obligations, it destroys the only logical foundation 
of its rights. 

It is for the recognition of this universal juridical bond 
between all nations that international jurists have labored 
during the last three centuries. Natural law, the Chris- 
tian religion, the jurisprudence of Rome, general custom, 



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common consent, and conventional agreement have all 
been advanced as furnishing proper elements for the con- 
struction of that international code which all jurists have 
agreed does, or should, exist; and all these elements have 
afforded contributions to that great body of principles and 
usages which constitute the present system of international 
law. 

Vague and undetermined as this body of jurisprudence 
is, no civilized nation denies its existence and its general 
authority. On the contrary, most nations not only recog- 
nize it, apply it, and appeal to it, but in some manner 
formally adopt it as a part of their own municipal law. 
The United States of America has not only done this, but 
has by constitutional provision declared that treaties with 
foreign powers constitute "the supreme law of the land;" 
and has attempted, in a digest prepared at public expense 
and by official direction, to define with minute exactness 
the whole body of international law. Such a course, if 
followed by all nations, would furnish the materials for 
the ultimate formation of that formal international code 
which jurists like Bluntschli and David Dudley Field have 
endeavored to construct 

What, then, is necessary to establish between nations the 
observance of those principles of equity which are uni- 
versally recognized in civilized communities? Interna- 
tional law possesses no guaranty except the good faith of 
nations and of their public men, and no penalty for open 
violation except such as the injured party may be able to 
inflict. In the society of nations, there is neither legis- 
lature, nor judiciary, nor executive. 

For this reason, one of the most important events of the 
nineteenth century was the establishment of a permanent 
international tribunal at The Hague. As in the case of 
the Supreme Court of the United States, which to-day 



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regulates the most important controversies of forty-five 
great commonwealths, its inauguration was greeted with 
doubt and distrust ; and because it has not in the few years 
of its existence proved a preventive of wars and a touch- 
stone of universal peace and concord, it is still, perhaps, 
regarded in some quarters as a mere chimera. 

It is true that The Hague Tribunal at present appeals 
to us by its possibilities rather than by its actual achieve- 
ments, but its mere existence, composed of jurists among 
the most distinguished in the world, is an immense gain 
to civilization, and cannot fail to promote the pacific set- 
tlement of international disputes. It adds to the dignity 
of this tribunal that, by the munificence of a wise, gener- 
ous, and cosmopolitan benefactor, a splendid palace of 
justice is soon to be erected for its use, in a country whose 
thrift, integrity, and place in history make it a fitting seat 
of international mediation. 

But the progress of this movement is not merely theo- 
retical and material. One of the founders of The Hague 
Court has initiated parliamentary action that is spreading 
out into a network of treaties by which questions not af- 
fecting national honor and independence are, henceforth, 
to be referred to this tribunal. His Majesty the King of 
England has been especially active in promoting these con- 
ventions; and their Majesties the German Emperor, the 
King of Italy, and the King of Spain, and his Excellency 
the President of France, have united in concluding treaties 
by which these great powers are setting the example to 
smaller states of an appeal to law and justice as the normal 
standard of public action. 

While the age is fortunate in possessing among its rulers 
and public men enlightened leaders who truly represent the 
progress of thought and society, it would be visionary to 
expect that, hereafter, rivalry or misunderstanding may not 



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again bring into violent collision the vast armaments which 
continue to increase rather than diminish. The raison 
d'ttat which has so often plunged nations into armed con- 
flict still controls public policy ; and although there may be 
a growing disposition to respect acquired rights, there are 
still abundant opportunities for contention. 

IV. The Relation of Diplomacy to Economics 

The most potential source of peril to public peace and 
international justice is, at present, the conflict of economic 
interests. The irresistible increase of population, the de- 
mand for territorial expansion, the development of the co- 
lonial system, and the struggle for new spheres of influ- 
ence, in the quest for raw materials and foreign markets, 
create a situation fraught with danger. 

It is to the science of economics that diplomacy must 
turn for the means of averting this danger. Questions of 
far-reaching consequence still remain unanswered. Is the 
political control of territory necessary to the enjoyment of 
its commercial advantages? Is it a profitable enterprise 
to divide the world into purely national markets, thereby 
excluding ourselves from the areas of trade held by other 
nations? Is it more remunerative to acquire, control, and 
defend colonial possessions than it would be to share their 
advantages with others under the protection, wherever 
necessary, of an international police? Is it not possible 
to diminish the cost of modern navies by intrusting the de- 
fense of commerce to an international marine governed by 
an international code? 

These questions are not addressed to any particular na- 
tion, nor is it intended to answer them in any definite 
sense; but simply to call attention to the problems that 
press equally upon all, and to inquire if there is not a pa- 



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cific solution of them based on the principle of general wel- 
fare. 

The classic maxims of diplomacy forbid all cosmopolitan 
benevolence and represent the hostility of national interests 
as inherent, inevitable, and permanent; but those maxims, 
if logically applied, would have prevented all political 
progress founded on the sacrifice of private interests for 
the public good. Every advance which the world has made 
in civilization has resulted from the perception the mutual 
advantage might be obtained by harmonizing conflicting 
interests. The formation of the American Union, the uni- 
fication of Italy, and the consolidation of the German Em- 
pire are among the greatest achievements of modern his- 
tory, and illustrate the prosperity that may be realized from 
mutual concession for the common good. Out of strug- 
gling colonies and rival principalities great states came into 
being, blessed with unexampled prosperity, because their 
constituent parts ceased to waste their energies in obstruct- 
ing one another's welfare and joined their forces for mu- 
tual benefit. 

Beneath the surface of political phenomena flows a great 
historical current which deserves the attention of thought- 
ful men. The expansive instinct of humanity changes its 
direction of action according to the obstacles it has to over- 
come. In the era of political inequality, the general as- 
piration was for liberty, which created in the eighteenth 
century a struggle for national independence; but in the 
constitutional era that followed, the larger human relations 
were revealed, and in the nineteenth century was developed 
the idea that modern nations are essentially interdependent. 
The special task of the twentieth century will be to recon- 
cile these two great conceptions, and to unite independent 
states in bonds of peace, amity, and fruitful intercourse. 

This, in the broadest sense, is a task of diplomacy, but 



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it is also a problem of economics ; and its most vital ener- 
gies will be derived from economic considerations. At 
present, the cost of national armaments has reached an 
overwhelming height, and raises the practical questions: 
How long will the wealth-producing population continue 
in silence to support this burden? and, How long will the 
wealth-producing population confide in the ability of gov- 
ernments to meet their financial obligations? 

Diplomacy would be untrue to its high vocation if it did 
not direct public attention to this costly guardianship of 
peace. It is true that it is not for aggressive warfare and 
inconsiderate bloodshed that these millions are expended; 
and that, so long as great nations continue to arm them- 
selves, others must do likewise in self-defense; but the day 
is coming when humanity, feeling its kinship of suffering 
more keenly than its hereditary fears, will cry out in uni- 
versal protest against a system which does violence to its 
better instincts. No process of thought or of negotiation 
will be too costly if it can open the door of exit from the 
condition of mutual distrust that arrays great nations 
against one another in constant apprehension of hostile in- 
tentions. Next to national honor, which need never be 
sacrificed, the one great interest of mankind is peace. 

V. The Relation of Diplomacy to Ethics 

But there is a deeper spring of human action than the 
desire for material welfare, and the costly sacrifices of war 
are its best witness. We must not, in the name of eco- 
nomic selfishness, nor even of mistaken moral sentiment, 
condemn the measures needful for national defense. A 
morbid idealism has proclaimed the dogma that no war is 
just, that bloodshed is never right, and that all exercise 
of force is wrong. Such a doctrine owes its very possi- 



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bility to the protection of institutions that would not exist 
for a single day if society had not the force and determina- 
tion to destroy its enemies. There is no idea of "right" 
except in opposition to that of "wrong," and because ex- 
istence itself is an equilibrium of energies, force is the 
necessary basis of society. It is in the awful heat of bat- 
tle that the state has triumphed over anarchy and justice 
established a throne upon the earth. In a world of min- 
gled good and evil, there can be no perpetual peace. 

Of this no one is more fully conscious than the diplo- 
matist, whose negotiations would degenerate into empty 
words if they were not supported by a material force cap- 
able of vindicating disregarded rights. But certainly the 
measure of force is in no sense the measure of international 
rights and obligations, which exist independently of mili- 
tary strength. The little states have the same right to 
existence and to respect as the great powers ; for, as moral 
entities, all civilized nations, pursuing a common end, have 
an equal claim to ethical consideration. 

It will be a great advance in education when our text- 
books on ethics devote their concluding chapter to inter- 
national morality, for no ethical system can be complete, 
either in a public or a scientific sense, which does not in- 
clude in the scope of its theory the moral functions of the 
state and the ethics of international intercourse. When, 
in the schools of all civilized countries, the young are 
taught that moral obligation does not end with national 
frontiers, that states are moral entities subject to the great 
principles of ethics, and that treaties once freely accepted 
are sacred; when national history has learned to be fair 
and honest in its representation of other nations, a new 
era of human development will be opened, and diplomacy 
will enter upon a new period of efficiency. 

The national conscience of every people cannot fail to 

* 



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be touched by the mere recital of the decalogue which will 
be written in that new Book of Genesis : 

I am the God of truth and righteousness, and thou shalt 
have no other gods before me ; 

Thou shalt not steal ; 

Thou shalt do no murder; 

Thou shalt not covet thy neighbor's industries, nor his 
foreign commerce, nor his colonial possessions, nor any- 
thing that is thy neighbor's; 

Thou shalt honor thy wise men and thy teachers of 
righteousness, that thy name may be long in the land which 
the Lord thy God giveth thee. 

Who will venture to complete that august code of public 
duty? Who, bravest of all, will dare to apply it in prac- 
tice? Yet, who will be so bold as to deny its application 
to the affairs of nations? 

Diplomacy already reveals the influence of that growth 
in public morality which is characteristic of our time. The 
day has passed away forever when intelligent men would 
accept Sir Henry Wotton's definition of an ambassador as 
"a clever man sent abroad to lie for his country." Per- 
manent diplomatic success cannot be based on falsehood; 
and the highest attribute of a statesman is to discern just 
and enduring relations, and build his policy upon them. A 
venerable and experienced ambassador once confessed to 
the writer that he had for months deceived himself and 
seriously misled his government by assuming that a certain 
minister of foreign affairs meant the opposite of what he 
said. Afterward, with shame and humiliation, he was 
obliged to confess his error. 

VT. The Relation of Diplomacy to Education 

The advance made since the middle of the last century 
in the principles and methods of diplomacy are chiefly owing 



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to two causes, both of which are educational. The first 
of these is the better preparation of men for the work of 
establishing just and reasonable international relations. 
In nearly all the countries of the world — except the United 
States of America — candidates for the diplomatic service 
are rigorously examined before they are received, not only 
in international law and history, but in the laws, languages, 
and constitutions of other countries, and especially in com- 
mercial geography and the statistics of foreign trade. The 
result is that the men who serve modern governments as 
diplomatic representatives are coming to have, in general, 
a knowledge of what is true, what is just, what is expe- 
dient, and what is right in the relations and conduct of 
foreign states. They constitute a valuable body of peace- 
makers and public advisers, whose counsel is useful because 
it is based on knowledge. 

The second cause is the enlightenment of public opinion 
by means of travel, the press, and the increased interest in 
foreign trade. Even where the people do not participate 
in affairs of state, they are beginning to regard with a new 
solicitude the part their governments are taking in the 
great field of international politics. Statesmen and diplo- 
matists are, therefore, working in the presence of a public 
interest more keen and intelligent than has ever before been 
awakened in questions of foreign policy. 

To train men for the diplomatic service and to create 
and guide public opinion in the right way, through the 
knowledge and influence of properly qualified journalists, 
legislators, and other public officers, special schools, like 
the Ecole Libre des Sciences Politiques at Paris, have been 
established in several countries, in which international sub- 
jects are receiving increased attention, but no educational 
enterprise of a truly international character has yet been 
undertaken. 



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Here is a vast, fruitful, and wholly uncultivated field for 
public benefaction. One can imagine a time when teachers 
and students of different nationalities will meet at a com- 
mon center, or pass from country to country to examine and 
discuss, in a scientific spirit, questions which concern the 
general welfare. If it is true that at the heart of every 
controversy there is a right unsatisfied, it is equally true 
that for every right intelligence can devise a mode of satis- 
faction. It is not by force, or the menace of force, that 
human differences are finally to be adjusted; it is by the 
calm verdict of unruffled reason, pursuing an honest path 
to an honest end. 

Intelligent patriotism is as sensitive to national honor as 
it is solicitous for national success, and good men every- 
where wish for nothing so ardently as to be understood. 
The sword has had its day of glory ; great states have come 
into being; public order has fought its way to the seat of 
power; and from the elevation of the throne and the parlia- 
ment, men may at last reason together in tones that are 
audible. True patriots will everywhere feel a new thrill of 
pride and confidence in their rulers and leaders when they 
behold in them the triumph of great principles of reason 
and conscience ; for these are the elements that dignify our 
human nature, lifting it above the passions of the moment, 
and connecting it with the permanent interests of mankind. 



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BY JANE ADDA MS 

[June Addaks, Head of Hull House Settlement, Chicago, b. Cedar- 
▼ille, Illinois, September 6, 1860. B.A. Rockford College; LL.D. 
University of Wisconsin. President of Hull House Association 
since 1889. Authob of part of Philanthrophy and Social Pro- 
gre«$; Democracy and Social Ethics.] 

We are accustomed to say that the machinery of gov- 
ernment incorporated in the charters of the early American 
cities, as in the federal and state constitutions, was worked 
out by men who were strongly under the influence of the 
historians and doctrinaires of the eighteenth century. The 
most significant representative of these men is Thomas Jef- 
ferson, whose foresight and genius we are here to com- 
memorate, and their most telling phrase is the familiar 
opening that "all men are created free and equal." 

We are only now, however, beginning to suspect that 
the present admitted failure in municipal administration, 
the so-called "shame of American cities," may be largely 
due to the inadequacy of those eighteenth-century ideals, 
with the breakdown of the machinery which they provided, 
and, further, to the weakness inherent in the historic and 
doctrinaire method when it attempts to deal with growing 
and human institutions. 

These men were the legitimate successors of the sev- 
enteenth-century Puritans in their devotion to pure princi- 
ple, but they had read poets and philosophers unknown to - 
the Pilgrim fathers, and represented that first type of 
humanitarian who loves the people without really knowing 
them, which is by no means an impossible achievement. 
"The love of those whom a man does not know is quite 
as elemental a sentiment as the love of those whom a man 

129 



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does know," but with this difference, that he expects the 
people whom he does not know to forswear altogether the 
right of going their own way, and to be convinced of the 
beauty and value of his way. 

Because their idealism was of the type that is afraid of 
experience, these founders of our American cities refused 
to look at the difficulties and blunders which a self-govern- 
ing people was sure to encounter, and insisted that the 
people would walk only in the paths of justice and right- 
eousness. It was inevitable, therefore, that they should 
have remained quite untouched by that worldly wisdom 
which counsels us to know life as it is, and by that very 
modern belief that, if the world is ever right at all, it must 
go right in its own way. 

A man of this generation easily discerns the crudeness 
of that eighteenth-century conception of essentially unpro- 
gressive human nature, in all the empty dignity of its "in- 
born rights of man," because he has grown familiar with 
a more passionate human creed, with the modern evolu- 
tionary concqrtion of the slowly advancing race whose 
rights are not "inalienable," but are hard won in the tragic 
processes of civilization. Were self-government to be in- 
augurated by the advanced men of the present moment, as 
the founders were doubtless the advanced men of their 
time, they would make the most careful research into those 
early org?nizations of village communities, folkmotes, and 
mirs, those primary cells of both social and political organi- 
zation where the people knew no difference between the 
two, but quite simply met to consider in common discus- 
sion all that concerned their common life. They would in- 
vestigate the craft guilds and artels, which combined gov- 
ernment with daily occupation, as did the self-governing 
university and free town. They would seek for the con- 
nection between the liberty-loving medieval city and its 
free creative architecture, that most social of all the arts. 



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But our eighteenth-century idealists, unconscious of the 
compulsions of origins and of the fact that self-govern- 
ment had an origin of its own, timidly took the English 
law as their prototype, "whose very root is in the relation 
between sovereign and subject, between lawmaker and those 
whom the law restrains," and which has traditionally 
concerned itself more with the guarding of prerogative 
and with the rights of property than with the spontaneous 
life of the people. They serenely incorporated laws and 
survivals which registered the successful struggle of the 
barons against the aggression of the sovereign, although 
the new country lacked both nobles and kings. Misled by 
the name of government, they founded their new cities by 
an involuntary reference to a lower social state than that 
which they actually saw about them. They depended upon 
penalties, coercion, compulsion, and remnants of military 
codes to hold the community together ; and it may be pos- 
sible to trace much of the maladministration of our cities 
to these survivals, to the fact that our early democracy 
was a moral romanticism, rather than a well-grounded be- 
lief in social capacity and in the efficiency of the popular 
will. 

It has further happened that, as the machinery, groan- 
ing under the pressure of the new social demand put upon 
it, has broken down from time to time, we have mended 
it by giving more power to administrative officers, dis- 
trusting still further the will of the people. We are willing 
to cut off the dislocated part, or tighten the gearing, but 
we are afraid to substitute a machine of newer invention 
and greater capacity. 

A little examination will easily show that, in spite of 
the fine phrases of the founders, the government became 
an entity by itself away from the daily life of the people; 
not meant to be set off against them with power to oppress, 



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132 MUNICIPAL ADMINISTRATION 

as in the case of the traditional European governments, but 
simply because its machinery was so largely copied from 
the historic governments which did distrust the people, 
that it failed to provide the vehicle for a vital and genu- 
inely organized expression of the popular will. The 
founders carefully defined what was germane to govern- 
ment and that which was quite outside its realm ; whereas 
the very crux of local self-government, as has been well 
said, is involved in the "right locally to determine the scope 
of the local government," in response to the local needs as 
they arise. 

They were anxious to keep the strings in the hands of 
the good and professedly public-spirited, because, having 
staked so much upon the people, whom they really knew 
so little, they became eager that they should appear well, 
and should not be given enough power to enable them to 
betray their weaknesses; as a kind lady may permit her- 
self to give a tramp five cents, believing that, although he 
may spend it for drink, he cannot get very drunk upon so 
small a sum. 

All might have gone well upon this doctrinaire plan, as 
it still does in many country places, if there had not been 
a phenomenally rapid growth in cities upon an entirely 
changed basis. Multitudes of men were suddenly brought 
together in response to the nineteenth-century concentra- 
tion of industry and commerce — a purely impersonal tie; 
whereas the eighteenth-century city attracted the country 
people in response to the more normal and slowly formed 
ties of domestic service, family affection, and apprentice- 
ship. Added to this unprecedented growth from indus- 
trial causes, we have in American cities multitudes of im- 
migrants coming in successive migrations, often breaking 
social ties which are as old as the human family, and re- 
nouncing customs which may be traced to the habits of 



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primitive man. Both the country-bred and immigrant 
city-dwellers would be ready to adapt themselves to a new 
and vigorous civic life founded upon a synthesis of their 
social needs, but the framers of our carefully prepared city 
charters did not provide for this expanding demand at the 
points of congestion. They did not foresee that after the 
universal franchise has once been granted, social needs and 
ideals are bound to enter in as legitimate objects of po- 
litical action; while, on the other hand, the only people in 
a democracy who can legitimately become the objects of 
repressive government are those who are too underdevel- 
oped to use the franchise, or those who have forfeited their 
right to full citizenship. We have, therefore, a municipal 
administration in America which is largely reduced to the 
administration of restrictive measures. The people who 
come most directly in contact with its executive officials, 
who are the legitimate objects of its control, are the vicious, 
who need to be repressed; the poor and semi-dependent, 
who appeal to it in their dire need; or from quite the re- 
verse reason, those who are trying to avoid an undue taxa- 
tion, resenting the fact that they should be made to sup- 
port that which, from the nature of the case, is too barren 
to excite their real enthusiasm. 

The instinctive protest against this mechanical method 
of civic control, with the lack of adjustment between the 
natural democratic impulse and the fixed external condi- 
tion, inevitably produces the indifferent citizen and the so- 
called "professional politician ;" the first who, because he is 
not vicious, feels that the real processes of government do 
not concern him, and wishes only to be let alone; and the 
other who easily adapts himself to an illegal avoidance of 
the external fixed conditions by assuming that those con- 
ditions have been settled by doctrinaires who did not in the 
least understand the people, while he, the politician, makes 



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his appeal beyond those to the real desires of the people 
themselves. He is thus not only the "people's friend," but 
their interpreter. It is interesting to note how often sim- 
ple people refer to "them/* meaning the good and great 
who govern but do not understand, and to "him," mean- 
ing the alderman who represents them in these incompre- 
hensible halls of state, as an ambassador to a foreign coun- 
try to whose borders they could not possibly penetrate and 
whose language they do not speak. 

In addition to this difficulty, inherent in the difference 
between the traditional and actual situation, is another, 
which constantly arises on the purely administrative side. 
The traditional governments which the founders had 
copied, in proceeding to define the vicious by fixed stand- 
ards from the good, and then to legislate against them, had 
enforced these restrictive measures by trained officials, 
usually with a military background. In a democracy, how- 
ever, the officers intrusted with the enforcement of this re- 
strictive legislation, if not actually elected by the people 
themselves, are still the appointments of those thus elected, 
and are therefore good-natured men who have made 
friends by their kindness and social qualities. 

The carrying-out of repressive legislation, the remnant 
of a military state of society, is, in a democracy, at last put 
into the hands of men who have attained office because of 
political "pull," and the repressive measures must be en- 
forced by those sympathizing with and belonging to the 
people against whom the measures operate. This anom- 
alous situation produces almost inevitably one result: that 
the police authorities themselves are turned into allies of 
vice and crime, as may be illustrated from almost any of 
the large American cities, in the relation existing between 
the police force and the gambling and other illicit life. 
The officers are often flatly told that the enforcement of 



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an ordinance which the better element of the city has in- 
sisted upon passing is impossible; that they are only ex- 
pected to control the robbery and crime that so often asso- 
ciate themselves with vice. As Mr. Wilcox has pointed 
out in The American City, public sentiment itself assumes 
a certain hypocrisy, and in the end we have "the abnormal 
conditions which are created when vice is protected by the 
authorities;" in the very worst cases there develops a sort 
of municipal blackmail in which the administration itself 
profits by the violation of law. The officer is thoroughly 
confused by the human element in the situation, and his 
very kindness and human understanding are that which 
leads to his downfall. 

There is no doubt that the reasonableness of keeping the 
saloons in lower New York open on Sunday was apparent 
to the policemen on the East Side force long before it 
dawned upon the reform administration, and yet that the 
policemen were allowed to connive at law-breaking was 
the cause of their corruption and downfall. 

In order to meet this situation, there is almost inevitably 
developed a politician of the corrupt type so familiar in 
American cities, who has become successful because he has 
made friends with the vicious. The semi-criminal, who 
are constantly brought in contact with administrative gov- 
ernment, are naturally much interested in its operations, 
and, having much at stake, as a matter of course attend 
the primaries and all the other election processes which so 
quickly bore the good citizen whose interest in them is a 
self-imposed duty. To illustrate: It is a matter of much 
moment to a gambler whether there is to be a "wide-open 
town" or not; it means the success or failure of his busi- 
ness; it involves not only the pleasure, but the livelihood, 
of all his friends. He naturally attends to the election of 
the alderman, and to the appointment and retention of the 



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policeman; he is found at the caucus "every time," and 
would be much amused if he were praised for the perform- 
ance of his civic duty. But because he and the others who 
are concerned in semi-illicit business do attend the pri- 
maries, the corrupt politician is nominated over and over 
again. 

As this type of politician is successful from his alliance 
with crime, there also inevitably arises from time to time 
a so-called reformer, who is shocked to discover this state 
of affairs, this easy partnership between vice and adminis- 
trative government. He dramatically uncovers the situa- 
tion, and arouses great indignation against it on the part 
of the good citizen. If this indignation is enough, he cre- 
ates a political fervor which constitutes a claim upon public 
gratitude. In portraying the evil he is fighting, he does 
not recognize, or at least does not make clear, all the human 
kindness upon which it has grown. In his speeches he in- 
evitably offends a popular audience, who know that the 
political evil exists in all degrees and forms of human weak- 
ness, but who also know that these evils are by no means 
always hideous. They resent his overdrawn pictures of 
vice and of the life of the vicious ; their sense of fair play 
and their deep-rooted desire for charity and justice are all 
outraged. 

If I may illustrate from a personal experience: Some - 
years ago a famous New York reformer came to Chicago 
to tell us of his phenomenal success and his trenchant 
methods of dealing with the city "gambling-hells," as he 
chose to call them. He proceeded to describe the criminals 
of lower New York in terms and phrases which struck at 
least one of his auditors as sheer blasphemy against our 
common human nature. I thought of the criminals whom 
I knew, of the gambler for whom each Saturday I regu- 
larly collected his weekly wage of $24, keeping $18 for his 



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wife and children, and giving him $6 on Monday morning. 
His despairing statement, "The thing is growing on me, 
and I can never give it up," was the cry of a man who, 
through much tribulation, had at least kept the loyal in- 
tention. I recalled three girls who had come to me with 
a paltry sum of money collected from the pawn and sale 
of their tawdry finery, that one of their number might be 
spared a death in the almhouse and have that wretched 
comfort during the closing weeks of her outcast life. I 
recalled the first murderer whom I had ever known, — a 
young man who was singing his baby to sleep, and stopped 
to lay it in its cradle before he rushed downstairs into his 
father's saloon, to scatter the gang of boys who were 
teasing the old man by giving him orders in English which 
he could not understand, and refusing to pay for the drinks 
which they had consumed, but technically had not ordered. 

For one short moment I saw the situation from the point 
of view of humbler people, who sin often through weak- 
ness and passion, but seldom through hardness of heart; 
and I felt that such sweeping condemnations and conclu- 
sions as the speaker was pouring forth could never be ac- 
counted for righteousness in a democratic community. 

The policeman who makes terms with vice, and almost 
inevitably slides into making gain from vice, merely repre- 
sents the type of politician who is living off the weakness 
of his fellows, as the overzealous reformer, who exagger- 
ates vice until the public is scared and awestruck, repre- 
sents the type of politician who is living off the timidity of 
his fellows. With the lack of civic machinery for simple 
democratic expression, for a direct dealing with human 
nature as it is, we seem doomed to one type or the other — 
corruptionists or anti-crime committees. And one sort or 
the other we shall continue to have so long as we distrust 
the very energy of existence, the craving for enjoyment, 



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the pushing of vital forces, the very right of every citizen 
to be what he is, without pretense or assumption of vir- 
tues which he does not really admire himself, but which 
he imagines to have been set up as a standard somewhere 
else by the virtuous whom he does not know. That old 
Frankenstein, that ideal man of the eighteenth century, is 
still haunting us, although he never existed save in the 
brain of the doctrinaire. 

This dramatic and feverish triumph of the self-seeker, 
see-sawing with that of the interested reformer, does more 
than anything else, perhaps, to keep the American citizen 
away from the ideals of genuine evolutionary democracy. 
Whereas repressive government, from the nature of the 
case, has to do with the wicked, who are happily always in 
a minority in the community, a normal government would 
have to do with the great majority of the population in 
their normal relations to each other. 

After all, the daring of the so-called "slum politician," 
when he ventures his success upon an appeal to human sen- 
timent and generosity, has something fine about it It 
often results in an alliance of the popular politician with 
the least desirable type of trade-unionist as the reformer 
who stands for an honest business administration becomes 
allied with the type of business man whose chief concern it 
:s to guard his treasure and to prevent a rise in taxation. 

May I use, in illustration of the last two statements, the 
great strike in the Chicago Stock Yards, which occurred a 
few weeks ago? The immediate object of the strike was 
the protection of the wages of the unskilled men from a 
cut of one cent per hour, although of course the unions of 
skilled men felt that this first invasion of the wages, in- 
creased through the efforts of the unions, would be but 
the entering-wedge of an attempt to cut wages in all the 
trades represented in the Stock Yards. Owing to the re- 



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fusal on the part of the unions to accept the arbitration 
very tardily offered by the packers, and to their failure to 
carry out the terms of the contract which they made ten 
days later, the strike in its early stages completely lost the 
sympathy of that large part of the public dominated by 
ideals of business honor and fair dealing, and of that grow- 
ing body of organized labor which is steadily advancing 
in a regard for the validity of the contract and cherishing 
the hope that in time the trades-unions may universally 
attain an accredited business standing. 

The leaders, after the first ten days, were therefore 
forced to make the most of the purely human appeal which 
lay in the situation itself, that thirty thousand men, includ- 
ing the allied trades, were losing weeks of wages and sav- 
ings, with a possible chance of the destruction of their 
unions, on behalf of the unskilled, the newly arrived Poles 
and Lithuanians who had not yet learned to look out for 
themselves. Owing to the irregular and limited hours of 
work — a condition quite like that prevailing on the London 
Docks before the great strike of the dockers — the weekly 
wage of these unskilled men was exceptionally low, and 
the plea was based almost wholly upon the duty of the 
strong to the weak. A chivalric call was issued that the 
standard of life might be raised to that designated as 
American, and that this mass of unskilled men might se- 
cure an education for their children. Of course, no other 
appeal could have been so strong as this purely human one, 
which united for weeks thousands of men of a score 
of nationalities into that solidarity which comes only 
through a self-sacrificing devotion to an absorbing cause. 

The strike involved much suffering and many unfore- 
seen complications. At the end of eight weeks the union 
leaders made the best terms possible, which, though the 
skilled workers were guaranteed against reduction in wages, 



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made no provision for the unskilled, in whose behalf the 
strike had been at first undertaken. Although the hard- 
pressed union leaders were willing to make this concession, 
the local politicians in the meanwhile had seen the great 
value of the human sentiment, which bases its appeal on 
the need of the "under dog," and which had successfully 
united this mass of skilled men into a new comradeship 
with those whom they had lately learned to call com- 
patriots. It was infinitely more valuable than any merely 
political cry, and the fact that the final terms of settlement 
were submitted to a referendum vote at once gave the local 
politicians a chance to avail themselves of this big, loosely 
defined sympathy. They did this in so dramatic a manner 
that they almost succeeded, solely upon that appeal, in 
taking the strike out of the hands of the legitimate officers 
and using it to further their own political ends. 

The situation would have been a typical one, exemplify- 
ing the real aim of popular government, with its concern 
for primitive needs, forced to seek expression outside of 
the organized channels of government, if the militia could 
have been called in to support the situation, and thus have 
placed government even more dramatically on the side of 
the opposition. The comparative lack of violence on the 
part of the striking workmen gave no chance for the bring- 
ing in of the militia, much to the disappointment of the 
politicians, who, of course, would have been glad to have 
put the odium of this traditional opposition of government 
to the wishes of the people, which has always been dramat- 
ically embodied in the soldier, upon the political party 
dominating the state but not the city. It would have given 
the city politician an excellent opportunity to show the con- 
cern of himself and his party for the real people, as over 
against the attitude of the party dominating the state. But 
because the militia were not called his scheme fell through, 



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and the legitimate strike leaders, who, although they passed 
through much tribulation because of the political inter- 
ference, did not eventually lose control. 

The situation in the Chicago Stock Yards is an excellent 
epitome of the fact that government so often finds itself, 
not only in opposition to the expressed will of the people 
making the demand at the moment, but apparently against 
the best instincts of the mass of the citizens as a whole. 

For years the city administrations, one after another, 
have protected the money interests invested in the Stock 
Yards, so that none of the sanitary ordinances have ever 
been properly enforced, until the sickening stench and the 
scum on the branch of the river known as "Bubbly Creek" 
at times make that section of the city unendurable. The 
smoke ordinances are openly ignored, nor did the city meat 
inspector ever seriously interfere with business, as a recent 
civil-service investigation has demonstrated, while the 
water-steals for which the Stock Yards finally became no- 
torious must have been more or less known to certain offi- 
cials. But all of this merely corrupted a limited number 
of inspectors, and although their corruption was complete 
and involved the entire administration, it did not actually 
touch large numbers of people. During the recent strike, 
however, twelve hundred policemen were called upon to 
patrol the yards inside and out — actual men possessed of 
human sensibilities. There is no doubt that the police in- 
spector of the district thoroughly represented the alliance 
of the city hall and the business interests, and that he did 
not mean to discover anything which was derogatory to 
the packers, nor to embarrass them in any way during the 
conduct of the strike. But these twelve hundred men 
themselves were called upon to face a very peculiar situa- 
tion because of the type of men and women who formed 
the bulk of the strike-breakers, and because in the first 



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weeks of the strike these men and women were kept con- 
stantly inside the yards during day and night. In order 
to hold them there at all, discipline outside the working 
hours was thoroughly relaxed, and the policemen in charge 
of the yards, while there ostensibly to enforce law and 
order, were obliged every night to connive at prize-fight- 
ing, at open gambling, and at the most flagrant disregard 
of decency. They were there, not to enforce law and order 
as it defines itself in the minds of the bulk of healthy- 
minded citizens, but only to keep the strikers from molest- 
ing the non-union workers, which was certainly commend- 
able, but, after all, only part of their real duty. They 
were shocked by the law-breaking which they were ordered 
to protect, and much drawn in sympathy to those whom 
they were supposed to regard as public enemies. 

An investigator who interviewed one hundred policemen 
found only one who did not frankly extol the restraint of 
the strikers as over against the laxity of the imported men. 
This, of course, was an extreme case, brought about by the 
unusual and peculiar type of the imported strike-breakers, 
of which there is much trustworthy evidence, incorporated 
in affidavits submitted to the mayor of Chicago. 

It was hard for a patriot not to feel jealous of the trades- 
unions and of the enthusiasm of those newly arrived citi- 
zens. They poured out their gratitude and affection upon 
this first big, friendly force which had offered them help 
in their desperate struggle in a new world. This devotion, 
this comradeship and fine esprit de corps, should have been 
won by the government itself from these scared and un- 
trained citizens. The union was that which had concerned 
itself with real life, shelter, a chance to work, and bread 
for their children. It had come to them in a language 
they could understand, and through men with interests akin 
to their own, and it gave them their first chance to express 



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themselves through a democratic vote, to register by a 
ballot their real opinion upon a very important matter. 

They used the referendum vote, the latest and perhaps 
most clever device of democratic government, and yet they 
were using it to decide a question which the government 
presupposed to be quite outside its realm. When they left 
the old country, the government of America held their 
deepest hopes and represented that which they believed 
would obtain for them an opportunity for that fullness of 
life which had been denied them in the lands of oppressive 
government. 

It is a curious commentary on the fact that we have not 
yet attained self-government, when the real and legitimate 
objects of men's desires must still be incorporated in those 
voluntary groups, for which the government, when it does 
its best, can afford only protection from interference. As 
the religious revivalist looks with longing upon the fervor 
of a single-tax meeting, and as the orthodox Jew sees his 
son staying away from Yom Kippur, but to pour all his 
religious fervor, his precious zeal for righteousness which 
has been gathered through the centuries, into the Socialist 
Labor party, so a patriot finds himself exclaiming, like 
Browning's Andrea del Sarto: "Ah, but what do they, 
what do they, to please you more ?" 

So timid are American cities in dealing with this per- 
fectly reasonable subject of wages in its relation to munici- 
pal employees that when they do prescribe a minimum 
wage for city contract work, they allow it to fall into the 
hands of the petty politician and to become part of a po- 
litical game, making no effort to give it a dignified treat- 
ment in relation to cost of living and to margin of leisure. 
In this the English cities have anticipated us, both as to 
time and legitimate procedure. Have Americans formed 
a sort of "imperialism of virtue," holding on to the pre- 



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conceived ideas of self-government, and insisting that they 
must fit all the people who come to our shores, even al- 
though we crush the most promising bits of self-govern- 
ment and self-expression in the process? Is the Americans 
attitude toward self-government like that of his British 
cousin toward Anglo-Saxon civilization, save that he goes 
forth to rule all the nations of the earth by one pattern 
whether it fits or not, while we sit at home and bid them 
to rule themselves by one set pattern? — both of us many 
times ruining the most precious experiments which em- 
body ages of travail and experience. 

In the midst of the city, which at moments seems to 
stand only for the triumph of the strongest, the successful 
exploitation of the weak, the ruthlessness and hidden crime 
which follow in the wake of the struggle for mere exist- 
ence on its lowest terms, there come daily accretions of 
simple people, who carry in their hearts the desire for mere 
goodness, who regularly deplete their scanty livelihood in 
response to a primitive pity, and who, independently of the 
religious which they have professed, of the wrongs which 
they have suffered, or of the fixed morality which they 
have been taught, have an unquenchable desire that charity 
and simple justice shall regulate men's relations. 

The disinterestedness, although as yet an intangible 
ideal, is taking hold of men's hopes and imaginations in 
every direction. Even now we only dimly comprehend 
the strength and irresistible power of those "universal and 
imperious ideals which are formed in the depths of anony- 
mous life," and which the people insist shall come to real- 
ization, not because they have been tested by logic or his- 
tory, but because the mass of men are eager that they 
should be tried, should be made a living experience in time 
and in reality. 

In this country it seems to be only the politician at the 



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bottom, the man nearest the people, who understands this. 
He often plays upon it and betrays it, but at least he knows 
it is there. 

This is perhaps easily explained, for, after all, the man 
in this century who realizes human equality is not he who 
repeats the formula of the eighteenth century, but he who 
has learned, if I may quote again from Mr. Wilcox, that 
the "idea of equality is an outgrowth of man's primary 
relations in nature. Birth, growth, nutrition, reproduc- 
tion, death, are the great levelers that remind us of the 
essential equality of human life. It is with the guaranty 
of ideal opportunities to play our parts well in these pri- 
mary processes that government is actually concerned," 
and not merely in the repression of the vicious nor in 
guarding the rights of property. There is no doubt that 
the rapid growth of the Socialist party in all crowded cen- 
ters is largely due to their recognition of those primary 
needs and experiences which the well-established govern- 
ments so stupidly ignore, and also to the fact that they are 
preaching industrial government to an industrial age which 
recognizes it as vital and adapted to its needs. AH of that 
devotion, all of that speculative philosophy concerning the 
real issues of life could, of course, easily be turned into a 
passion for self-government and the development of the 
national life, if we were really democratic from the modern 
evolutionary standpoint, and did we but hold our town 
meetings upon topics that most concern us. 

In point of fact, government ignores industrial questions 
as the traditional ostrich hides his head in the sand, for no 
great strike is without its political significance, nor without 
the attempt of political interference, quite as none of the 
mammoth business combinations of manufacturers or dis- 
tributors are without their lobbyists in the city council, un- 
less they are fortunate enough to own aldermen outright 



146 MUNICIPAL ADMINISTRATION 



It is merely a question as to whether industry in relation to 
government is to be discussed as a matter of popular in- 
terest and concern at the moment when that relation might 
be modified and controlled, or whether we prefer to wait 
a decade and to read about it later in the magazines, horri- 
fied that such interference of business with government 
should have taken place. 

Again we see the doctrinaire of the eighteenth century 
preferring to hold to his theory of government and ignoring 
the facts, as over against the open-minded scientist of the 
present day who would scorn to ignore facts because they 
might disturb his theory. 

The two points at which government is developing most 
rapidly at the present moment are naturally the two in 
which it genuinely exercises its function, — in relation to 
the vicious and in relation to the poor and dependent. 

The juvenile courts which the large cities are inaugur- 
ating are supplied with probation officers, whose duty it is 
to encourage the wavering virtues of the wayward boy, and 
to keep him out of the police courts with their consequent 
penal institutions, — a real recognition of social obligation. 
In one of the most successful of these courts, that of Den- 
ver, the judge, who can point to a remarkable record with 
the bad boys of the city, plays a veritable game with them 
against the police force, he and the boys undertaking to be 
"good" without the help of repression, and in spite of the 
machinations of the police. For instance, if the boys who 
have been sentenced to the State Reform School at Golden 
deliver themselves without the aid of the sheriff, whose 
duty it is to take them there, they not only vindicate their 
manliness and readiness "to take their medicine," but they 
beat the sheriff, who belongs to the penal machinery, out 
of his five-dollar fee, over which fact they openly triumph. 
A simple example, perhaps, but significant of the attitude 
of the well-intentioned toward repression government. 



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As the juvenile courts are beginning to take an interest 
in the social life of the child, in order to prevent arrest, on 
the same principle the reform schools are inaugurating the 
most advanced education in agriculture and manual arts. 
A bewildered foreign parent comes from time to time to 
Hull House, asking that his boy be sent to a school to learn 
farming, basing his request upon the fact that his neigh- 
bor's boy has been sent to "a nice green country place." 
It is carefully explained that the neighbor's boy was bad, 
and was arrested and sent away because of his badness, 
and it is quite possible sometimes to make clear to the man 
that the city assumes that he is looking out for himself 
and taking care of his own boy ; but it ought to be further 
possible to make him see that, if he feels that his son needs 
the education of a farm school, it lies with him to agitate 
the subject and to vote for the candidate who will secure 
such schools. He might well look amazed, were this ad- 
vice tendered him, for these questions have never been pre- 
sented to him to vote upon. Because he does not easily 
discuss the tariff, or other remote subjects, which the po- 
litical parties present to him from time to time, we assume 
that he is not to be trusted to vote on the education of his 
child ; and in Chicago, at least, the school board is not elect- 
ive. The ancestors of this same immigrant, from the days 
of bows and arrows, doubtless taught their children those 
activities which seemed valuable to them. 

Again, we build enormous city hospitals and almshouses 
for the defective and dependent, but for that great mass of 
people just beyond the line from which they are constantly • 
recruited we do practically nothing. We are afraid of the 
notion of governmental function which would minister to 
the primitive needs of the mass of people, although we are 
quite ready to care for him whom misfortune or disease 
has made the exception. It is really the rank and file, the 



148 MUNICIPAL ADMINISTRATION 



average citizen, who is ignored by government, while he 
works out his real problems through other agencies, and is 
scolded for staying at home on election day. 

It is comparatively easy to understand the punitive point 
of view, which seeks to suppress, or the philanthropic, 
which seeks to palliate; but it is much more difficult to 
formulate that city government which is adapted to our 
present normal living. As over against the survival of 
the first two, excellent and necessary as they are, we have 
the many municipal activities of which Mr. Shaw has told 
us, but we have attained them surreptitiously, as it were, 
by means of appointed commissions, through boards of 
health endowed with exceptional powers, or through the 
energy of a mayor who has pushed his executive function 
beyond the charter limit. The people themselves have not 
voted on these measures, and they have lost both the educa- 
tion and the nourishing of the democratic ideal, which their 
free discussion would have secured and to which they were 
more entitled than to the benefits themselves. 

In the department of social economy in this Exposition 
is an enormous copy of Charles Booth's monumental survey 
of the standard of living for the people of London. From 
his accompanying twelve volumes may be deduced the oc- 
cupations of the people, with their real wages, their family 
budget, their culture-level, and to a certain extent their 
recreations and spiritual life. If one gives one's self over 
to a moment of musing on this mass of information, so 
huge and so accurate, one is almost instinctively aware that 
any radical changes, so much needed in the blackest and 
the bluest districts, must largely come from forces outside 
the life of the people: enlarged mental life from the edu- 
cationalist, increased wages from the business interests, al- 
leviation of suffering from the philanthropists. What ve- 
hicle of correction is provided for the people themselves? 



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What broad basis has been laid for modification of their 
most genuine and pressing needs through their own initia- 
tive? What device has been invented for conserving, in 
the interests of the nation, that kindliness and mutual aid 
which is the marvel of all charity workers who know the 
^ poor? So conservative an economist as Marshall has 
pointed out that, in the fear of crushing "individual initia- 
tive," we every year allow to go to waste untold capacity, 
talent, and even genius, among the children of the poor, 
whose parents are unable to shelter them from premature 
labor; or among the adults, whose vital force is exhausted 
long before the allotted span of life. We distrust the in- 
stinct to shelter and care for them, although it is as old 
and as much at the foundation of human progress as is 
individual initiative itself. 

The traditional government of East London expresses 
its activity in keeping the streets clean, and the district 
lighted and policed. It is only during the last quarter of 
the century that the London County Council has erected 
decent houses, public baths, and many other devices for 
the purer social life of the people; while American cities 
have gone no farther, although they presumably started at 
workingmen's representation a hundred years ago, so com- 
pletely were the founders misled by the name of govern- 
ment, and the temptation to substitute the form of political 
democracy for real self-government, dealing with advanc- 
ing social ideals. Even now London has twenty-eight 
borough councils in addition to the London County Coun- 
cil itself, and fifteen hundred direct representatives of the 
people, as over against seventy in Chicago, with a popula- 
tion one-half as large. Paris has twenty mayors with cor- 
responding machinery for local government, as over 
against New York's concentration in one huge city hall, too 
often corrupt. 



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In Germany, as the municipal and social-economic ex- 
hibits of this Exposition so magnificently show, the gov- 
ernment has come to concern itself with the primitive es- 
sential needs of its working-people. In their behalf the 
government has forced industry, in the person of the large 
manufacturers, to make an alliance with it, and they are 
taxed for accident insurance of working-men, for old-age 
pensions, and for sick benefits; indeed, a project is being 
formed in which they shall bear the large share of insur- 
ance against non-employment, when it has been made clear 
that non-employment is the result of financial crisis brought 
about through the maladministration of finance. And yet 
industry in Germany has flourished, and this control on 
behalf of the normal working-man, as he faces life in the 
pursuit of his daily vocation, has apparently not checked its 
systematic growth nor limited its place in the world's 
market. 

Almost every Sunday, in the Italian quarter in which I 
live, various mutual benefit societies march with fife and 
drum and with a brave showing of banners, celebrating 
their achievement in having surrounded themselves by at 
least a thin wall of protection against disaster, setting up 
their mutual good will against the day of misfortune. 
These parades have all the emblems of patriotism ; indeed, 
the associations represent the core of patriotism — brothers 
standing by each other against hostile forces from with- 
out. I assure you that no Fourth of July celebration, no 
rejoicing over the birth of an heir to the Italian throne, 
equals in heartiness and sincerity these simple celebrations. 
Again, one longs to pour into the government of their 
adopted country all this affection and zeal, this real 
patriotism. 

Germany affords, perhaps, the best example of this con- 
cern of government for the affairs of the daily living of 



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its wage-earners, although Belgium and France, with their 
combination of state savings-banks, with life-insurance and 
building-associations, backed by the state, afford a close 
second in ingenuity and success. All this would be im- 
possible in America, because it would be hotly resented by 
the American business man, who will not brook any gov- 
ernmental interference in industrial affairs. Is this due 
to the inherited instinct that government is naturally op- • 
pressive, and that its inroads must be checked? Are we 
in America retaining this tradition, while Europe is gradu- 
ally evolving governments logically fitted to cope with the 
industrial situation? 

Did the founders cling too hard to that which they had 
won through persecution, hardship, and finally through a 
war of revolution? Did these doctrines seem so precious 
to them that they were determined to tie men up to them 
as long as possible, and allow them no chance to go on to 
new devices of government, lest they slight these that had 
been so hardly won? Did they estimate, not too highly, 
but by too exclusive a valuation, that which they had se- 
cured through the shedding of blood? 

Man has ever overestimated the spoils of war and tended 
to lose his sense of proportion in regard to their value. 
He has ever surrounded them with a glamour beyond their 
deserts. This is quite harmless when the booty is an 
enemy's sword hung over a household fire, or a battered 
flag decorating a city hall ; but when the spoil of war is 
an idea which is bound on the forehead of the victor till it 
cramps his growth, a theory which he cherishes in his 
bosom until it grows so large and so near that it afflicts 
its possessor with a sort of disease of responsibility for its 
preservation, it may easily overshadow the very people for 
whose cause the warrior issued forth. 

We have not yet apprehended what the scientists call 



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"the doctrine of the unspecialized," what the religious man 
calls "the counsel of imperfection," and the wise educator 
calls "the wisdom of the little child." If successful strug- 
gle ends in survival, in blatant and tangible success, and, 
as it is popularly supposed to do, in a certain hardness of 
heart, with an invincible desire to cling fast to the booty 
which has been thus hardly acquired, government will also 
have to reckon with the many who have been beaten in this 
struggle, with the effect upon them of the contest and the 
defeat ; for, after all, they will always represent the major- 
ity of citizens, and it is with its large majority that self- 
government must eventually deal, whatever else other gov- 
ernments may determine for themselves. 

We are told that mere successful struggle breeds emo- 
tion, not strength ; that the hard-pressed races are the emo- 
tional races ; and that wherever struggle has long prevailed 
emotion is the dominant force in fixing social relations. 
Because of this emotional necessity all the more does it 
seem a pity that American municipal administration has so 
long confined itself to cold and emotionless areas, dealing 
as it must with the immigrants who come to us in largest 
numbers from the lands of oppression, and who vote quite 
simply for the man who is kind to them. We do much 
loose talking in regard to American immigration; we use 
the phrase "the scum of Europe," and other unwarranted 
words, without realizing that the underdeveloped peasant 
may be much more valuable to us here than the more highly 
developed, but also more highly specialized town-dweller, 
who may much less readily develop the acquired character- 
istics which the new environment demands. 

To demand protection from these so-called barbarians 
in our midst, who are supposed to issue forth from the 
shallows of the city and to seize upon the life and treasure 
of the citizens, as barbarians of old cam? from outside the 



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city walls, is, of course, not to have read the first lessons 
of self-government in the light of evolutionary science, and 
to have scarcely apprehended the truth that it is, after all, 
from the mass, from the unspecialized, that reforms pro- 
ceed. 

In spite of the danger of bringing biology bodily over 
into the social field, it is well to remember that all biolo- 
gists agree that when any growth of new tissue must take 
place it cannot come from the highly specialized cell, whose 
powers are already turned in one direction, but that it must 
come from the primitive cell, which has never perfected 
any special function and is capable of development in any 
direction. 

Professor Weaver, of Columbia, has lately pointed out 
that "the cities have traditionally been the cradles of lib- 
erty, as they are to-day the centers of radicalism," and that 
it is natural that brute selfishness should first be curbed and 
social feeling created at the point of the greatest conges- 
tion. If we once admit the human dynamic character of 
progress, then we must look to the cities as the focal points 
of that progress ; and it is not without significance that the 
most vigorous effort at governmental reform, as well as 
the most generous experiments in ministering to social 
needs, have come from the largest cities. Are we begin- 
ning to see the first timid, forward reach of one of those 
instinctive movements which carry forward the goodness 
of the race? 

If we could trust democratic government as over against 
and distinct from the older types, — from those which re- 
press, rather than release, the power of the people, — then 
we should begin to know what democracy really is, and 
our municipal administration would at last be free to attain 
Aristotle's ideal of a city, "where men live a common life 
for a noble end." 



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WORKS OF REFERENCE RELATING TO POLIT- 
ICAL THEORY 

(Prepared through courtesy of Professor W. W. Willoughby.) 

Austin, The Province of Jurisprudence Determined. 

Bluntschli, Allgemeine Staatslehre. (English translation, The 

Theory of the State.) 
Bobnhak, Allgemeine Staatslehre. 
Bosanquet, The Philosophical Theory of the State 
Bbtce, Studies in History and Jurisprudence. 
Bubgess, Political Science and Comparative Constitutional Law. 
Cablyle, A History of Medieval Political Theory. 
Dicey, Law of the Constitution. 
Duguit, L'Etat, le droit objectlf et la loi positive. 
Dunning, A History of Political Theories, vols, i and u. 
Gierke, Die Staats- und Korporationslehre. (One section translated 

into English, with an introduction by Maitland, under the "Po- 

HUcal Theories of the Middle Age.") 
Green, Lectures on the Principles of Political Obligation. 
Holland, The Elements of Jurisprudence. 
Ihebino, Der Zweck im Recht 

Janet, Histoire de la science politique dans ses rapports avec la mo- 
rale. 

Jelxjnkk, Das Recht des modernen Staates. 

Die Lehre von den Staatenverbindungen. 

Gesetz und Verordnung. 
Mebbiam, American Political Theories. 

Ostbooobski, Democracy and the Organization of Political Parties. 

Pollock, History of the Science of Politics. 

Rehm, Allgemeine Staatslehre. 

Ritchie, Natural Rights. 

Schmidt, B., Der Staat 

Schmidt, R, Allgemeine Staatslehre. 

Seeley, Introduction to Political Science. 

Sidgwick, The Elements of Politics. 

The Development of European Polity. 
Willoughby, The Nature of the State. 
Social Justice. 

The Political Theories of the Ancient World. 
154 



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155 



WORKS OF REFERENCE RELATING TO THE 
SECTION OF DIPLOMACY 

{Prepared through courtesy of David Jayne Hill, LLJ).) 

No general bibliography of this subject can be attempted here, 
bat the following special indications may be found useful: 

I. The classic conception of diplomacy dates from the time of 
Machlavelli, whose work II Principe, published in 1532, is an expo- 
sition of the theory of a successful state as conceived by Machlavelli 
and his Italian contemporaries. See, in addition to this work, trans- 
lated by Detmold under the title of The Prince, London, 1882, for the 
life of Machlavelli Villari, Niccolo Machiavelli e i suoi tempi, Florence. 
1877, translated by Linda Villari, London and New York, 1892; for 
the diplomacy of his time, De Maulde-la-Claviere, La diploma-tie au 
temps de Machiavel, Paris, 1892; for the literature, expository and 
critical, Mohl, Oeschichte und Literatur der StaatsuHssenschaft, Er- 
langen, 1855; and for the influence of Machiavelli, Ferrari, Machia- 
vel JugC dee revolutions de notre temps, Paris, 1849; Mundt, Machia- 
velli und der Gang der europaischen Politik, Leipzig, 1853, and Sy- 
monds, The Age of the Despots, London, 1902. 

The more modern form of the classic conception of diplomacy 
may be found in Bielfeld, Institutions politlques. The Hague, 1760; 
Ancillon, Tableau de* revolutions du systcme politique de T Europe, 
Paris, 1823; De Garden, Trait6 complet de diplomatic, Paris, 1833; 
and Tableau de la diplomatic, Paris, no date. 

II. On the relation* of diplomacy to history, special references are 
hardly practicable, owing partly to the great mass of details and to 
their technical character. Some idea of the labor already expended 
upon the Archives of Venice, so Important for the history of 
diplomacy, may be obtained from Toderini and Cecchetti, Uarchivio 
di stato in Venezia nel decennio 1866-1875, Venice, 1876; and of the 
historical value of the Papal Archives, hitherto imperfectly explored, 
from Gachard, Les archives du Vatican, Brussels, 1874, compared 
with the use subsequently made of them. The examples cited, 
Deprez, Les prtliminaires de la guerre de cent ans, Paris, 1902, and 
Peiissier, Louis XII et Ludovic Sforza, Paris, 1896, published In the 
Bibliothcque des E coles franchises (TAthtnes et de Rome, are In- 
tended only to illustrate the class of work lately done, and still re- 
maining to be done, with these sources. 

For the general history of modern diplomacy may be named Stof- 
fela D'Alta Rupe, AbrigC de Thistoire diplomatique de TEurope, 



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BIBLIOGRAPHY: 



Vienna, 1888; Debldour. Histoire diplomatique de V Europe, Paris, 
1891; Malet, HUtoire diplomatique de T Europe aux XV lie et XVIIIe 
rtecles, Paris, 1894; and Bourgeois, Manuel historique de politique 
6trangere, Paris, 1897. The last three contain bibliographies. 

III. On the relation of diplomacy to jurisprudence, besides the 
standard works on jurisprudence and International law, see Ward, 
An Enquiry into the Foundation and History of the Law of Nations 
in Europe, London, 1796; Wheaton, History of the Law of Nations in 
Europe and America, New York, 1845, translated into French, Leip- 
zig and Paris, 1846; Hosack, Rise and Growth of the Law of Nations, 
London, 1882; Walker, A History of the Law of Nations, Cambridge, 
1899; De la Gueronniere, Le droit public et V Europe modeme, Paris, 
1876. 

For the International Tribunal at The Hague, see Holls, The 
Peace Conference at The Hague, New York, 1900; Foster, Arbitra- 
tion and The Hague Court, Boston, 1904; Descamps, Mdmoire sur le 
fonctionnement du premier tribunal d'arbitrage constitui au sein de 
la Cour Permanente de La Haye, Louvaln, 1903 ; Penfleld, Some Prob- 
lems of International Arbitration, address before the New York State 
Bar Association. January 20, 1904; Dean, Preserving the World's 
Peace, In The World's Work for March, 1905. 

IY. The literature bearing on the relation of diplomacy to 
economics is too varied and voluminous for even a partial citation 
here, for it includes the entire theory and history of population, 
production, commerce, and colonization. Many Interesting facts may 
be found in Mill, The International Geography, New York, 1900; 
and Adams, A Textbook of Commercial Geography, New York, 1901. 
Synthetic treatment is much to be desired. 

The problem of cosmopolitanism versus nationalism is dtBcussed 
from many points of view in Novicow, Die Foderation Europas, Ber- 
lin, 1901, and other works in French and Italian by the same author. 

V. The relation of diplomacy to ethics has received practically 
no specific treatment, which can proceed only from a moral concep- 
tion of the state and the conscience of enlightened peoples. 

VI. For a knowledge of the place accorded to diplomacy In mod- 
ern education, reference may be made to the programmes of colleges 
and universities. Among these, the courses of study offered by the 
Ecole Libre des Sciences Politiques at Paris and by the 8chool of 
Jurisprudence and Diplomacy of The George Washington University, 
at Washington, D. C are the most complete. For the educational 
attainments required for admission to the diplomatic service of the 
various countries, see their respective official foreign office publica- 
tions. 



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POLITICS AND DIPLOMACY 157 



WORKS OF REFERENCE RELATING TO THE 
SECTION OF COLONIAL ADMINISTRATION 

Bbose, M., Die deutsche Koloniallitteratur, published annually at 
Berlin. 

Caldscott, A., English Colonization and Empire, London, 1897. 
Dilke, Sib C. W., Problems of Greater Britain, London, 1890. 
Egebton, H. B., A Short History of British Colonial Policy, London, 
1894. 

Gibault, A. Prlncipes de colonisation et de legislation coloniales, 2 
ed. 

Ohdtiw, A. P. C, List of Books relating to Colonisation, Library of 

Congress, Washington, 1900. 
Hootkaas, J. C, Repertorium op de Koloniale Litteratuur, 1595-1865, 

Amsterdam, 1874-80. Supplement by A. Hartmann, The Hague, 

1895. 

Ireuuto, A., Tropical Colonization, New York, 1900. 
Jenkyfts, Sot H., British Rule and Jurisdiction beyond the Seas, Ox- 
ford, 1902. 

Kxnobley, Mabt H., West African Studies, London, 1901. 
Louteb, J. de, Staats en Administrate Recht Tan NederL India, 
Hague, 1895. 

Lewis, Sib Geobge C, On the Government of Dependencies, Oxford, 
1891. (Originally published In 1841, this book is valuable, not 
only as a most philosophical discussion, but also as expressing 
the general attitude toward colonies during the middle period 
of the nineteenth century.) 

Leboy-Beauueu, P., De la Colonisation chez lea peuples modernes, 
Paris, 1902. 

Lucas, C. P., Historical Geography of the British Colonies, Oxford, 
1887-1901. 

Merit axe, H., Lectures on Colonization and Colonies, London, 1861. 

Mobbis, H. C, The History of Colonization, London, 1897. 

Moubet et Bbukel, L'Annee coloniale, published annually in Paris. 

Contains a bibliography of French books and articles. 
Petit, Ed., Organisation des Colonies Franchises, Paris, 1895. 
REiwscn, P. S., Colonial Government, New York, 1902. 

Colonial Administration, New York, 1905. 
Hoschxb, W., Kolonien Kolonialpolltik und Auswanderung, Leipzig, 

1885. 

Saussube, L. de, Psychologle de la colonisation franchise, Paris, 
1897. 



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BIBLIOGRAPHY: 



Strachet, Sib J., India, 2 ed., London, 1903. 

WnxouoHBY, A. P., Territories and Dependencies of the United 
States, N. Y. 1905. 

Zimmebmann, A., Die europ&lschen Kolonien, Berlin, 1896-1901. 

Colonial Administration, 1800-1900. A useful compilation from writ- 
ers od colonial politics and from documentary sources, made by 
the Bureau of Statistics of the Treasury Department, under the 
direction of O. P. AuBtin, Washington, 1901. 

Catalogue of the Library of the Royal Colonial Institute, London, 
1895; First Supplement, 1901. 

The Statesman's Year- Book; contains brief bibliographies on the 
various colonies. 

The British Parliamentary Papers (Blue Books) ; contain an annual 
account of the administration of the various British colonies. 
(List published by P. S. King & Son, Westminster.) 

The Colonial Office List* published annually in London (semi-of- 
ficial.) 

Statistical Abstract for the Several Colonial and other Possessions 

of the United Kingdom. 
Administrative reports published in the various colonies. 
Annuaire Colonial; appears since 1888, and is now published by the 

French Colonial Office. 
Each of the French colonies also publishes an annuaire, a summary 

of the administrative organization with lists of officials, e. g.: 
L' Annuaire general commercial et adminlstratif de l'lndo-Cblne 

frangaise, Paris and Hanoi. 
The German Parliamentary papers (Welssbflcher) on colonial af« 

fairs, 

Deutsches Kolonialblatt and Kolonlalee Jahrbuch, both published by 

the German Colonial Office. 
The Seven Colonies of Australia, annual. 
The Wealth and Progress of New South Wales, annual. 
The New Zealand Official Tear-Book, annual. 
Kolonial-Verslag, annual, Batavla. 

Annual Report of the Philippine Commission, Washington, 
The Philippine Gazette, Manila, 



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POLITICS AND DIPLOMACY 159 



ADDITIONAL WORKS OF REFERENCE RELAT- 
ING TO THE SECTION OF COLONIAL 
ADMINISTRATION 

(Prepared through courtesy of Professor Bernard Moses.) 

Austin, O. P., Colonial Administration, 1800-1900, Washington, 1901. 
Dubois, Syatemea Colonlaux et peuplea Colonlsateurs, Paris, 1895. 
Gaffabel, Lea Colonies, franca! Beg, Paris, 1899. 
Hebbebo, Polltlca de Espafla en Ultramar, Madrid, 1890. 
Lajvessan, J. L. de, L 'Expansion Colonials de la France, Paris, 1886. 
Leboy-Beauuiu, P., De la Colonisation chez les peuplee modernes, 
Paris, 1898. 

Lewis, 8ib George, On the Government of Dependencies, Oxford, 
1891. 

Oboeas, La Pathologle des races humalnes et le probleme de la colo- 
nisation, Paris, 1886. 

Roscheb, W., Kolonlen, Kolonialpolltik, und Auswandering, Leipzig, 
1886. 

Zimmebmawk, A., Die europ&lschen Kolonien, Berlin, 1896-1901. 
Reports of the United States Philippine CommiBBlon, Washington, 
1900-1903. 



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BY A. LAWRENCE LOWELL 

[A. Lawrence Lowell, Professor of the Science of Government, Har- 
vard University, b. Boston, Massachusetts, December 13, 1856. 
A.B. Harvard, 1877; LL.B. ibid. 1880. Authob or Essay* on Gov- 
ernment; Government* and Parties in Continental Europe, etc.; 
joint author, with Judge P. C. Lowell, of Trantfer of Stock in 
Corporation*; with Prof. H. Mors* Stephens, of Colonial Civil 
Service.} 

It has been said that the object of every writer is to draw 
a new diagonal line through the field of human knowledge. 
Men love to point out the connection between things ap- 
parently so far apart as the spots on the sun and economic 
crises, or as the invention of bills of exchange at Venice and 
the rise of the mendicant orders. But the topic assigned to 
me at this Congress, "The Unity and Inner Relations of the 
Political, Legal, and Social Efforts of Society," has little 
of the charm of novelty. The path is well trodden; and, 
until a new philosophic light breaks forth, whatever is said 
on this subject must be trite; what c?n be said in a short 
address must obviously be superficial. 

Let us take, first, the relation between politics and juris- 
prudence, using the term politics, not in the narrow sense in 
which it is currently employed, to denote the struggles of 
political parties, but in the larger sense of the conduct of 
public affairs. 

Law both provides the framework within which political 
life goes on, and it is also the result of that life. It is like . 
the shell of a mollusk, or the trunk of a tree. 

Whatever definition we take of law whether we regard it 
as the command of a superior, or accept the theory that it 
rests upon intrinsic natural justice, we may say that it is 
that part of the rules of human conduct which is enforced, 

161 



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162 SOCIAL REGULATION 



or at least may be enforced, by public authority ; such a defi- 
nition, although vague, is wide enough to include on the one 
hand primitive law, where the public authority is rudiment- 
ary, and on the other hand public international law, — a 
body of rules which a number of civilized nations habitually 
obey. 

Now so far as politics does not deal with pure questions 
of persons, either in the sordid form of distributing spoils, 
or in the higher aspect of selecting efficient persons for 
office, it is concerned mainly with the creation of law ; not 
that the direct aim and object of political activity is always 
legislation, but legislation in some form is usually the in- 
direct, if not the immediate, consequence of political 
achievement; and this is true where at first sight the con- 
nection may appear remote. Political questions concerning 
foreign affairs, for example, often give rise to treaties, to 
the recognition of some principle of international law, or to 
a change in the legal relations of territory. A successful 
effort in a city to obtain clean streets, or a pure water- 
supply, is almost certain ultimately to leave its mark upon 
the statute-book. It is hard to conceive of a struggle, even 
over a matter of administrative discretion, that is not likely 
to result in legislation, or subordinate legislative ordinance, 
or in the increase or diminution of taxation. That which 
does not exclusively concern persons almost of necessity in- 
volves principle; and if a decisive issue is reached the vic- 
torious principle is likely to be established by law. So that 
the political warfare of to-day leaves its traces in the legis- 
lation of to-morrow. 

This may be the case, although the immediate result of 
the contest is not embodied in positive law. The constitu- 
tional rule about the responsibility of ministers has become 
firmly established in England, and all her self-governing 
colonies, without any recognition in the law. Yet the prin- 



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» 



77//- ixi>ti-i or r; .no 

P!uti>W,iz'ni fro;,\ <','/<■ I '.tutting by . ! .i.vW.'/; luuribthb, 

Hrm<pie ! .s <-r S> niposia were wr\ trnptcnt in ancient (irctce. The P.anqnct 
of Plato, reproduced here from 1' tiKTl).n'l;'s original painting, gives us a 
lively idea of such e:iteri:iitiiiie:ils :it \tlu n-. The c:ip>vnnut was heightened 
hy agreeable conversation atui by the introduction of music and dancing. 
Si »niet nnes p'.iilosi 'pineal subjects were discussed, although a s\ mji'»-ium. a» 
thi' On.rk term inip'"<^. was originally only intenrh d as a drinking pai-y 
I be quests i cchucd on eonelie.s ami were crowned with garlands of [lower-. 

bettcrbach's great painting present s a s\ ni])o>ium (•• which the banquet ev». 
m inding Socrates, were invi'cd by Plato to celebrate the tragic victory ot 
Agathon, and. a> they were not in the mood •,>, hard drinking. they di-mi-M 'l 
the Hate girl, and entertain', d earli other with t'le praise of low. '* I la- Man- 
<|i:«t of Plato - ' won universal admiration when it was fir-t placed on vww 
at lite lute: national Kxhibiti on i,f Mumcli m iS(»<- 



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POLITICAL CONTROL 163 

ciple has deeply affected legislation. It has given rise to 
statutes that would doubtless not have been enacted other- 
wise, and in fact it has created the body that really initiates 
all the important legislation in those countries. 

So far as law is the result of political struggle, it is some- 
what in the rear of social evolution, and represents not the 
last stage of human thought, but the next to last. For a 
rule of conduct is usually followed by large numbers of 
people before an attempt is made to enforce it on the rest, 
and it is certainly largely recognized as a rule that ought 
to be observed for some time before it is made compulsory 
by public authority; while, on the other hand, laws that 
have been outgrown, and have ceased to be in harmony with 
social conditions, often remain in force for a considerable 
period before they are repealed or become quite obsolete. 
Law represents, therefore, the crystallized elements of social 
evolution, while politics deal with the fluid or transient ele- 
ments. It deals with questions that arouse immediate in- 
terest, and involves a constant effort to transform current 
opinion into law. 

No doubt some laws are ephemeral. They are the result 
of abortive political efforts to bring about a change. In 
that case they do not represent the next to last stage in 
social evolution, but an aspiration, an effort to anticipate 
and create a future stage, an attempt to give effect to prin- 
ciples for which their advocates erroneously believe the com- 
munity is prepared. The history of legislation contains 
many such wrecks of unseaworthy statutes, and they are not 
less numerous to-day, in spite of the far greater power of a 
state to enforce its laws. Legislation intended to promote 
what a friend of mine calls "righteousness by statute" is 
particularly common in the United States, because of the 
easy and irresponsible way in which statutes are enacted, 
and because it suits both the idealistic temper and the prac- 



164 SOCIAL REGULATION 



tical qualities of the people to pass unwise laws designed to 
work moral reforms, and then leave them unenforced. 

Most prominent among statutes of the kind are the liquor 
laws in many places, the evasions of the law being some- 
times clandestine, sometimes open, and sometimes done with 
the connivance of the authorities. Statutes of this class are 
passed on many subjects, out of good nature, or in defer- 
ence to the urgent appeals of deputations of influential citi- 
zens. They may be enacted without any serious intention 
of enforcing them, or they may be such that local opinion — 
as is often the case with game laws — or the difficulty of 
proving violation — as in the case of laws concerning railway 
rates — make it very difficult to enforce them. Some of 
these laws are harmless ; others are demoralizing to the men 
who evade them and weaken the law-abiding character of 
the people ; while others are a fertile source of political cor- 
ruption. The author of The Boss, an exceedingly acute 
study of New York city politics, written under a feigned 
name, and far less widely known than it deserves to be, has 
pointed out that sumptuary laws, which can be violated on 
payment of a contribution to the campaign fund of the 
party, are almost a necessity for the support of the machine 
in the city. 

Apart from tentative, ephemeral, and inoperative statutes, 
political contests are the struggles of political growth, and 
the political growth of a nation is eventually embodied in 
its laws. 

All this may be supposed to refer to public rather than to 
private law. Napoleon expressed that idea when he said: 
"The legislature should legislate, *. e., construct grand laws 
on scientific principles of jurisprudence, but it must respect 
the independence of the executive as it desires its own in- 
dependence to be respected. It must not criticise the gov- 
ernment, and as its legislative labors are essentially of a 



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165 



scientific kind, there can be no reason why its debates should 
be reported." 1 In other words, he regarded private civil 
jurisprudence as a science, quite independent of politics and 
public opinion. This may be true of the construction of a 
code based upon existing law ; but it is certainly not true 
of legislative changes. In countries with a popular govern- 
ment, deliberate alterations of the law are made to-day only 
with the consent of representative bodies, which are in- 
tended for that purpose to reflect public opinion. 

Such a relation to politics is not limited to statutes. Law 
is created every day by bodies of learned lawyers. It takes 
the form of precedents established by courts of justice in the 
course of the decision of actual cases, — the so-called judge- 
made law ; nor is this process confined to jurisprudence af- 
fecting private persons. The distinction, indeed, between 
public and private law in no way coincides with the differ- 
ence between statutory and judge-made law ; for, in the first 
place, private law is freely made or changed by statute ; and 
in the second place, the most important body of judge-made 
law in Continental Europe to-day is the French droit ad- 
ministratis; which regulates the official rights and duties of 
state functionaries and is, therefore, pure public law. In 
this connection it may be noted, in passing, that in Anglo- 
Saxon countries the administration of public law can be 
safely intrusted to the ordinary courts, because there are 
always in them a number of judges who have had actual 
experience of public life. Chief Justice Marshall could 
hardly have laid, as he did, the foundations of constitutional 
interpretation had it not been for his knowledge of national 
affairs acquired in the public service, and the same principle 
applies to every court when called upon to deal with ques- 
tions that touch administration. A certain sprinkling of 

1 Quoted In Ilbert's Legislative Method* and Form*, p. 208. The original 
letter docs not appear to DO extant 



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166 SOCIAL REGULATION 

judges with political experience is needed to supplement 
those trained simply by study and at the bar. This is one 
of many cases where the efficiency of a public body depends 
upon the presence in small quantities of what in large doses 
would be a poison. 

A full discussion of the relation of politics in the larger 
sense of the word to judge-made law would entail an exami- 
nation of many conflicting theories of jurisprudence. In 
his Beruf unserer Zeit fur Gesetzgebung und Rechtswissen- 
schaft, Savigny, the most celebrated opponent of codifica- 
tion, declared that, for the most part, law, like language, has 
developed by a process of natural growth in accordance 
with the character of the people. Von Ihering, pushing 
Savigny's comparison of the growth of law and language 
farther, perhaps, than the author really intended, criticised 
his theory, and insisted that, instead of developing by the 
same quiet, unconscious process as the rules of grammar, 
law was, and always had been, the result of a struggle be- 
tween conflicting aims and principles. As this is not in- 
tended to be a discourse on jurisprudence, but merely an 
attempt to point out certain relations existing at the present 
day, it is not necessary to consider how far such doctrines 
are really in conflict, and how far each of them is historically 
true. ' Nor is it necessary for our purpose to analyze Aus- 
tin's theory that law is a command, and that courts in estab- 
lishing precedents are creating law by virtue of a legislative 
power delegated to them by the sovereign. Austin was not 
an historian, but a philosopher who based his theories upon 
the facts that came under his immediate observation. His 
insight into contemporary matters was keen and accurate, 
and although his admiration for judge-made, or as he has 
called it, "judiciary law," was by no means unbounded, his 
analysis of its real nature is one of the best parts of his 
book. He made, however, an admission which certainly 



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POLITICAL CONTROL 167 



goes far towards upsetting his theory that the courts exer- 
cise a delegated legislative power. After declaring that 
"the sovereign administering the law through subordinate 
courts of justice is the author of that measureless system of 
judge-made law or rules of law made judicially which has 
been established by those subordinate tribunals in directly 
exercising their judicial functions," Austin goes on to say : 
"In this country, where the rules of judge-made law hold a 
place of almost paramount importance in our legal system, 
it can hardly be said that Parliament (the so-called legisla- 
ture) is the author of those rules. It may, indeed, be said 
that Parliament, by not interfering, permits them to be 
made, and, by not repealing them by statute, permits them 
to exist. But, in truth, Parliament has no effective power 
of preventing their being made and to alter them is a task 
which often baffles the patience and skill of those who can 
best command parliamentary support." 1 

Now this remark is interesting because it would seem 
that the legislature is constantly acquiring greater capacity 
of controlling and reversing judge-made law. In the past 
we have seen cases where the legislature has found it im- 
possible to carry out its will, and where courts have virtu- 
ally made a statute of no effect by their interpretation. 
This was true in the celebrated case of the English Statute 
of Uses, which was designed to prevent the creation of 
subordinate interests in land, but is commonly said to have 
resulted only in the addition of three words to every con- 
veyance. A very striking example in later days is the de- 
cree of the French Government of National Defence in 
1870 repealing the provision in the constitution of the year 
VIII that protected public officials from suit or prosecu- 
tion. The decree was intended to remove all hindrances 

> Austin's Jurisprudence, Campbell's Students' Ed., p. 99. This does not 
appear In the original edition of Austin's work. 



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168 SOCIAL REGULATION 



in the way of bringing the officials before the ordinary 
courts ; but the Tribunal of Conflicts decided thc.t it applied 
only to their personal protection, and did not affect the 
principle of the separation of powers which, as understood 
in France, forbids the ordinary judges to pass upon the 
legality of official acts. This example of the exercise of 
power by a court to defeat the intent of the legislature is 
certainly very recent, but it could hardly have occurred 
except in the revival of the ordinary functions of govern- 
ment after a period of revolution. 

Austin's remark, however, still retains some truth. 
Even at the present day the legislature has no effective 
means of anticipating by statute the doctrines laid down 
in judicial decisions, and does not always find it easy to 
alter them after they have been made. A representative 
assembly that would reject by an overwhelming majority 
a bill to enact a certain principle of law may hesitate to 
reverse that principle when it has been sanctioned by the 
courts. It often happens that a negative course is the 
most prudent and politic for a representative chamber, and 
this gives real force to judicial initiative. 

Nevertheless the decisions of the courts on important 
questions of law attract so much attention to-day, and the 
power and flexibility of legislatures has increased to such 
an extent, that the enactment of a statute to change a prin- . 
ciple judicially declared is less difficult than it was form- 
erly. Judge-made law has, therefore, become subject to 
legislative revision to a greater extent than in the past. - 
In giving their decisions the courts are, and it is of most 
fundamental importance that they should be, absolutely 
free from political control, but the growth and stability 
of the law they make depends ultimately on its accord with 
the public sense of justice. Law cannot endure perma- 
nently upon any other basis. At the close of the Middle 



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POLITICAL CONTROL 169 



Ages the customary law of most of Continental Europe, 
having failed to develop with advancing civilization, was 
swept away by the advent of the Roman law. Such a legal 
revolution could hardly occur again, because with the 
growth of legislative power the control over judge-made 
law is more rapid and more constant. If the courts are 
too closely bound by precedents which are no longer 
adapted to social conditions, or if their judgments do not 
accord with the public sense of justice, their law will be 
changed by statute. So that judge-made law, not the de- 
cisions in particular cases, but the principles established by 
those cases, is to-day ultimately subject to political ap- 
proval. The nineteenth century has certainly shown that 
in Anglo-Saxon countries the vitality of judge-made law 
has in no wise diminished; but it endures upon the condi- 
tion that the principles of law so established must be in 
general accord with the sense of justice of the community ; 
and that where this is not the case they can be and will be 
set aside. 

Let us now turn to the relations between social science 
on the one hand and politics and jurisprudence on the 
other. 

The collections of people treated in the various sections 
under the Department of Social Science at this Congress 
fall into two distinct classes. They appear to be dis- 
tinguished in the programme by the terms community and 
group, and hence those expressions will be used in this 
paper, the word "group" indicating a body of people who, 
as the cause or result of similar conditions, display similar 
feelings and opinions ; while the so-called communities have 
in addition a sense, or at least a much stronger sense, of 
solidarity and of common interest, some organization, and a 
capacity for common action. In short, the members of 
one class have similar, and those of the other have common, 



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SOCIAL REGULATION 



sentiments and opinions. The line between these classes 
is not absolute, and the classes themselves are by no means 
fixed. A body of persons, that form at one period of the 
world's history a group, may at another form a commun- 
ity. The family and the local community were, of course, 
true communities before the dawn of history; and certain 
bodies of people, such as the dependent group, and still 
more clearly the groups of lunatics, feeble-minded, and in- 
fants, have never been, and could hardly be, communities 
at all ; but, on the other hand, bodies of men pursuing the 
same occupation, though usually mere groups, have be- 
come communities at times and under exceptional condi- 
tions. The trade-guilds of the Middle Ages were com- 
munities of this kind, and many bodies of workmen that 
had previously been nothing more than groups have de- 
veloped into communities during the last hundred years. 
The trade-unions of the present day are both an expres- 
sion of a sense of solidarity and an attempt to turn a 
group of workmen into a true community. 

Now, although neither of these classes can be left out 
of account in the study of politics and jurisprudence, the 
community, with its capacity for common action, is by far 
the more important of the two. Groups involve less diffi- 
cult problems for both politics and jurisprudence, because 
in their case the only matter to be considered is the wel- / 
fare of the group and of the public at large. In the case 
of communities the question is further complicated by the 
wishes and the action of the community itself. This may 
or may not lead to a more just solution according to the 
wisdom, moderation, and mutual respect, or the animosi- 
ties and the exasperation, of the various bodies of men 
concerned. But in any case it adds to the elements of the 
problem. Whether the movement, for example, to trans- 
form bodies of workmen into communities in the form of 



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trade-unions has been beneficial or not, it has certainly, 
from the point of view both of politics and of jurispru- 
dence, made labor questions more pressing and more com- 
plex. 

In treating of the relation of communities to politics 
and jurisprudence, we must distinguish between those that 
are based upon status and those that are voluntary. For 
although this distinction applies to groups as well as to 
communities, it is naturally far more important in the 
latter case. 

The classification of social entities according as they are 
based upon status or upon voluntary association requires, 
however, both explanation and definition. In some cases 
the members become such without any voluntary action 
or possibility of choice on their part. This is true of chil- 
dren born into a family, and, in an early period of society, 
into a tribe or local community. Then there are cases 
where the membership, while not assumed for the purpose 
of membership, is the result of a condition or status which 
is voluntary in the sense that in theory, at least, the condi- 
tion is the result of choice, or might have been avoided. 
That is the case with the dependent and criminal groups. 
It is the case also with the urban and rural communities. 
A man is free to live in a city or not as he pleases, but he 
usually moves his abode to a city, or remains there be- 
cause his occupation or engagements lead him to do so, 
not because he desires to be a member of an urban com- 
munity. In all groups or communities of the foregoing 
kinds the membership is the inevitable result of a status 
which may itself be voluntary or not; and these are the 
only kinds of groups treated under the different sections 
of Department 22 at this Congress. But there is another 
kind of entity, the membership in which is purely volun- 
tary, because the members belong to it not on account of 



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172 SOCIAL REGULATION 



any extrinsic condition or status, but for the sake of the 
group itself. How far the choice is really deliberate or 
free, and how far the result of environment, of the asso- 
ciation of ideas, and of suggestion, over which the indi- 
vidual has little actual control, we must leave to the psy- 
chologists, and especially to the Section on Social Psy- 
chology. We are concerned here only with the political 
and legal aspects of the problem, and from that point of 
view the membership may be regarded as voluntary. Of 
such a character are social and learned clubs of various 
kinds, religious bodies, philanthropic organizations, and, 
let us add, political parties. In this connection it may be 
observed that the trade-unions are striving to become com- 
munities based upon status instead of voluntary associa- 
tion. This effort lies at the foundation of the conflict over 
the open and closed shop. The policy of the closed shop, 
if successful, would drive every man who pursued a cer- 
tain occupation into the trade-union; while the principle 
of the open shop leaves the union a voluntary body, and 
for that reason any one familiar with the trend of civiliza- 
tion will be very much inclined to doubt whether the effort 
is likely to succeed. 

As an example of the political and legal problems pre- 
sented by communities based upon status, we may take 
the race question. This problem, in one shape or another, 
faces most of the great civilized nations at the present day, 
either in their national or their colonial administration. A 
number of solutions of it have been essayed. The simplest 
and most drastic is that of expelling or excluding the 
weaker race. At various times in the world's history the 
Jews have been expelled from different countries. The 
Chinese are now excluded from the United States and from 
Australia. But expulsion on a large scale is clearly im- 
possible to-day among civilized people, and exclusion is 
possible only under favorable conditions. 



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In other cases an attempt has been made to transform 
or absorb a race. This is the solution commonly tried by 
the governments of Continental Europe. It is manifestly 
out of the question except when the differences are not very 
profound. It may or may not be possible to make Slavs 
into Germans, or vice versa, but no one would expect to 
make Europeans and Chinese interchangeable. Even as 
between European races the efforts in this direction have 
not of late been generally successful. 

The third solution is to ignore the difference of race and 
legislate as if it did not exist. That was the solution ap- 
plied in this country after the Civil War ; but it cannot be 
said to have fulfilled the hopes cherished by its authors, 
and the present generation, even in the Northern States, 
seems inclined to regard it as neither satisfactory nor final. 

The fourth solution has been that of disregarding the 
rights of the weaker race altogether. This has been tried 
at various periods in the world's history, especially in the 
case of colonies. It is safe to say it will never commend 
itself permanently to the conscience of mankind. 

Other partial solutions have been tried, more or less 
deliberately, and with varying degrees of success. This is 
not the place to follow them in detail, but merely to point 
out that the problem is one that will hang heavy on the 
hands of the twentieth century; and that with the growth 
of popular government and the increasing industrial, in- 
tellectual, and social opportunities throughout the world, 
the task of governing a people that is not homogeneous 
has become far more difficult. Although these very forces 
may tend to efface race differences where they are not pro- 
found, the differences are often so great that one can en- 
tertain little hope that they will disappear. 

Except for the questions arising from race, legal and 
political problems connected with status have tended to 



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decline in importance, while those connected with volun- 
tary associations are increasing in gravity, and are likely 
to do so for a considerable time to come. Man's mastery 
over the forces of nature, and the improvement in trans- 
portation that is bringing the whole world into active com- 
petition, have made cooperation upon a large scale a neces- 
sity. One form of this has been economically highly suc- 
cessfully. That is the combination of small amounts of 
capital into great corporations, and its very success has 
made abuses possible and legislation necessary. Trans- 
portation has also made the wants of all civilized mankind 
more alike, while the diffusion of a common elementary 
education and the ease of communication have brought 
about uniformity of thought and the possibility of combi- 
nation in all directions. Hence associations of many 
kinds which, being capable of good and evil, must be regu- 
lated by law, and must often be the subject of political 
action. 

The solution of social and political questions by the pro- 
gressive thinkers of the eighteenth and the early part of 
the nineteenth centuries was based mainly upon individual- 
ism. They considered man, not combinations of men, and 
they regarded all individuals as equal, isolated, and inde- 
pendent units. The prophets of democracy, supposing 
that each person would think for himself, failed to appre- 
ciate the contagious quality of ideas and the compulsory 
power exerted over opinions by organized bodies of men. 
They assumed also that the real interests of all men were 
fundamentally in harmony, and hence they saw no strong 
motive for combination. The English individualists, 
moreover, looked upon freedom to combine as an essential 
part of personal liberty, and they did not perceive a danger 
that the right might be so abused as to encroach upon the 
liberty of others. This is very clearly put in Professor 



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Dicey's Law and Public Opinion in England during the 
Nineteenth Century. 

Rousseau, whose acumen in grasping the real nature of 
a problem is more striking than his good sense in finding 
the solution of it, perceived the difficulties that might arise 
in his ideal commonwealth from the presence of combina- 
tions of men. He saw that his principle of a common will, 
ascertained by counting votes, and then accepted as the 
unanimous wish of the whole people, would be futile where 
there was an organized minority. He declared, therefore, 
that a community is incapable of a common will where 
factions or sects exist. If he really imagined that any 
community would ever arise without those incumbrances, 
he showed that although a good philosopher, he was a bad 
prophet. He was a particularly luckless prophet, because 
he wrote just at the time when the era of invention was 
about to open the gates for the greatest development of 
voluntary combinations of men that the world has ever 
known, and when in public life the very democracy which 
he preached was about to make political parties a recog- 
nized and permanent element in the state. 

He was, however, a good philosopher, because he was 
right in believing that the presence of associations, or 
groups, or bodies of men of any kind, makes the opinion 
or action of a community quite a different thing from what 
it would be if no such bodies existed; and this for several 
reasons. 

In the first place, a composite majority made up of ma- 
jorities of fractional parts is a very different thing from 
a majority of the whole people, and may be exactly the 
reverse of it. Each man in such case puts himself into 
the hands of some body of men whose will is in Rousseau's 
sense general as regards him, and partial as regards the 
rest of the community. 



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Then man is only in a small degree a rational animal, 
and is mainly a creature of suggestion. He takes his 
opinions largely from the society of which he is a part. 
In fact he does not so much join a church, for example, or 
a political party, because he agrees with its objects, as he 
accepts its policy because he belongs to it. An associa- 
tion becomes indeed an end in itself, and thus a body may 
act in a way that the bulk of the individuals who compose 
it would not act if left to themselves. 

In the second place, a large body of men has power to 
affect the destinies and curtail the freedom of action of 
other people in a way that individuals could not do. Even 
without acquiring an actual monopoly, a trust or a huge 
corporation can drive smaller rivals out of business, or 
force conditions of labor or trade, or affect the method of 
conducting other distinct trades, when smaller concerns 
would have no such power. Moreover, they can do it 
without resorting to any conduct that would be illegal, op- 
pressive, or even improper in the case of individuals. The 
same thing is true of trade-unions, or any other combina- 
tions of men on a large scale. To take a most familiar 
illustration: An individual may buy or sell where he 
pleases, and the motives for his choice are nobody's affair; 
but if a large number of men agree not to trade with a 
certain person it becomes a "boycott," and a terrible en- 
gine of compulsion. 

It follows that formidable combinations stand in a pe- 
culiar position. Their acts have different effects from 
those of individuals. Their moral rights and duties are 
not the same, and they must to some extent be subject to 
peculiar laws. The difficulty in dealing with them comes 
in drawing the line between freedom of combination and 
the liberty of the individual. The question — in some ways 
akin to the problem of reconciling order and progress, 



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which has at times occupied so much attention in Europe — 
will loom large in the twentieth century. 

While dealing with voluntary associations it is interest- 
ing to observe how far we have already gone in solving 
an important problem arising out of their development. I 
refer to the case of political parties. The greatest con- 
tribution to the art of politics in the nineteenth century is 
expressed in the phrase "Her Majesty's Opposition." It 
implies a recognition that organized bodies of men who 
are loyal to the state and to the established form of gov- 
ernment, but who are opposed to the administration in 
power, have a right to exist and to carry on an active 
propaganda. Germs of the modern party system can, no 
doubt, be traced farther back in some countries, but the 
system cannot be said to have developed fully until the 
nineteenth century. The legitimacy of party as a factor 
in public life is now fully admitted in all countries which 
have possessed popular government for a considerable 
length of time, and it is admitted to some extent in all 
countries that have a popular element in their governments. 
The system is, however, based upon a number of condi- 
tions. 

On the one side there must be a recognition that differ- 
ences of political opinion are legitimate and may be advo- 
cated by argument and all the proper arts of persuasion. 

On the other side the opposition must not urge revolu- 
tionary opinions. It must not be what is sometimes called 
irreconcilable, that is, it must not aim at the destruction 
of the existing foundations of government and of society. 
The limits of legitimate difference in political opinions 
vary, of course, from place to place and from time to time ; 
but it is necessary that the limit should be generally recog- 
nized at any given moment, and this is one of the most 
important functions of a constitution. 



178 SOCIAL REGULATION 



Then again the means employed by each party for ob- 
taining power must be proper, and for this reason many 
laws have been enacted in the nineteenth century against 
the bribery of voters, and provisions have been made to 
prevent intimidation— by the device, for example, of the 
secret ballot. 

Finally, there must be a universally recognized means 
of determining which opinion ought to prevail. This is 
another function of a constitution and of constitutional 
law. 

The party system is by no means without grave faults, 
but without it popular government could not have endured. 
The system has reconciled to a great extent liberty of po- 
litical opinion and action with the stability of popular in- 
stitutions. 

One of the chief problems of the twentieth century will 
be the regulation of other combinations of men, whether 
based upon race or upon voluntary associations for indus- 
trial and other purposes; and that problem will involve 
politics, jurisprudence, and social science. The solution 
will not be the same as that adopted in the case of political 
parties, but some hints may, nevertheless, be obtained 
therefrom, such as the plan of leaving the right to organ- 
ize free, but regulating the ends and means of operation. 
In one point certainly the example set in the case of po- 
litical organizations must be followed. It is that of ac- 
cepting the natural tendencies of a progressive age instead 
of trying to run counter to them. The method of ap- 
proaching the problem and the principles applied to it will, 
no doubt, be different in different countries and under 
varying conditions; but just as the nineteenth century 
showed an inclination to lay too much stress on the indi- 
vidual, we may perhaps expect in the twentieth century a 
reactionary tendency to treat bodies of men too much col- 



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179 



lectively. But the true and, therefore, the permanent so- 
lution must be found in keeping in mind both the indi- 
vidual and the group, and politics and jurisprudence can 
be wisely directed only by a thorough study of the psy- 
chology of the group; in other words, the effect of the 
group upon the mental attitude of the individual. 



SOCIAL CONTROL AND THE FUNCTION OF 

THE FAMILY 

BY GEORGE ELLIOTT HOWARD 

' [Gkobge Elliott Howahd, Ph.D., Professor of Political Science and! 
Sociology, University of Nebraska, b. Saratoga, New York, 1849; 
A.B. University of Nebraska, 1876; Ph.D. ibid. 1894; student of 
History and Roman Law, Universities of Munich and Paris, 1876- 
78. Professor of History, University of Nebraska, 1879-91; Pro- 
fessor of History and Head of History Department, Lei and Stan- 
ford Jr. University. 1891-1901; Professor of History, Cornell Uni- 
versity, summer term, 1902; Professorial Lecturer in History, 
University of Chicago, 1903-04; Professor of Institutional History, 
University of Nebraska, 1904-06. Member of American Historical 
Association; American Political Science Association; and Ameri- 
can Sociological Society. Author op Local Constitutional History 
of the United States (1889); Development of the King's Peace 
(1891) '.Modern English History and Biography, in New Interna- 
tional Encyclopaedia (1902); History of Matrimonial Institutions 
(3 vols., 1904); Preliminaries of the American Revolution 
(1905).] 

It is needful in the outset to mark the differentiation and 
to observe the close interrelations of the family, marriage, 
and the home. The problems of the family are necessarily 
involved in those of the home and marriage. The three 
forms of development are distinct in concept, but in their 
life or functions they constitute a trinity of interdependent 
institutions. Westermarck has suggested that in its origin 
marriage rested more on family than the family upon mar- 
riage. Biologically, of course, marriage comes first in the 
union of the sexes ; yet it is certain that the culture-types of 
marriage have been determined less by the sex-motive than 
by the economic needs of the family, — the bread-and-butter 
problem in the struggle for existence. To-day this fact is 
decidedly true. In our age of social self-consciousness, of 
dynamic sociology, the reformer who would act wisely will 
not seek help in definitions bnt in a comprehension of the 
economic and spiritual needs of the family and those of the 

161 



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individuals which compose it. As in other cases, there 
must be an adjustment of functions to the environment. 
The social uses of the family and still more those of the 
home are too often neglected while speculating on the nature 
of wedlock and the ethics of divorce. 

Accordingly the fundamental question which confronts 
the student of this trinity of institutions is the problem of » 
social control. In the Western world the extension of the 
sphere of secular legislation practically to the whole prov- 
ince^ — the whole outward or legal province— of marriage is 
a fact of transcendent interest. In this regard the Reform- 
ation marks the beginning of a social revolution. Luther's 
dictum that "marriage is a worldly thing" contained within 
it the germ of more history than its author ever imagined. 
The real trend of evolution has not at all times been clearly 
seen or frankly admitted ; but from the days of Luther, how- 
ever concealed in theological garb or forced under theologi- 
cal sanctions, however opposed by reactionary dogma, pub- 
lic opinion has more and more decidedly recognized the 
right of the temporal lawmaker in this field. In the seven- 
teenth century the New England Puritan gave the state, in 
its assemblies and in its courts, complete jurisdiction in 
questions of marriage and divorce, to the entire exclusion 
of the ecclesiastical authority. For nearly three quarters of 
a century the clergy were forbidden to solemnize wedlock, 
while at the same time marriages were freely dissolved by 
the lay magistrate. Even the Council of Trent, by adjust- 
ing the dogma regarding the minister of the sacrament, 
had already left to Catholic states the way open for the civil 
regulation of matrimony, a way on which France did not 
hesitate to enter. Definitively the state seems to have 
gained control of matrimonial administration. 

As a result in the United States, not less clearly than else- 
where in countries of Western civilization, marriage and the 



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family are emerging as purely social institutions. Liber- 
ated in large measure from the cloud of medieval tradition, 
their problems are seen to be identical in kind with those 
which have everywhere concerned men and women from 
the infancy of the human race. Biologically they are indeed 
a necessary result of man's physical and psychic nature; 
but institutionally they are something more. Modern juris- 
prudence is a practical recognition of the fact that matri- 
monial forms and family types are the products of human 
experience, of human habits, and are, therefore, to be dealt 
with by society according to human needs. 

The greatest fact in social history is the rise of the state; 
and in the more vital or organic sense the state has never 
been so great a social fact as at the present hour. Moreover 
its authority, its functions, are ever}' day expanding. The 
popularization of sovereignty has but added to its power. 
With the rise of this mighty institution all lower organisms 
have lost something or all of their institutional character. 
In the culture-stage of civilization the gentile organization 
is no more. The clan and the tribe have disappeared. The 
function of the family as the social unit, as a corporation 
held together by the blood-tie, has likewise vanished. In 
a perfectly logical way, however paradoxical at first place 
it may seem, the social function of the individual has ex- 
panded with that of the state. The process of socialization 
and the process of individualization are correlative and mut- 
ually sustaining operations. 

Consequently out of the primary question of social con- 
trol arises the problem with which we are here chiefly con- 
cerned : the problem of protecting the family against harm 
from the dual process of disintegration just referred to. 
Already many changes of vast sociological meaning have 
taken place, but the most vital characteristic of the family 
survives. From the infancy of the human race, in the light 



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of our fullest knowledge, monogamy appears as the prevail- 
ing type of sexual life. Under diverse conditions, religious, 
economic, or social, there have been many aberrations from 
that type; but, at first for biological or economic and later 
for ethical or spiritual reasons, always the tendency has been 
toward a more clearly differentiated form of the single pair- 
ing family. Among all peoples, whether Christian, Jew, or 
Gentile, the highest ideal of marriage is that of lifelong 
partnership. 

On the other hand, under the twofold leveling process, 
the interrelations of the members of the family group are 
being gradually transformed. The patriarchial authority 
of the house-father is crumbling, although here and there 
it is still sustained by the relics of medieval tradition. The 
wife is declining to pass into the husband's hand, in tnanu 
viri, but physically and spiritually she is more and more 
insisting on becoming an equal member of the connubial 
partnership. Not only are sons and daughters legally 
emancipated at a reasonable age ; but during nonage, in the 
most englightened households, their individuality is being 
recognized in a way which would have shocked social senti- 
ment a few generations ago. Young boys and even young 
girls show a tendency to cut the parental moorings and em- 
bark in affairs for themselves. The business precocity of 
Ihc American youth is notorious. Moreover, the state in 
the interest of the larger social body is attacking the ancient 
constitution of the household. It is taking a hand in the 
rearing of the young. Through educational requirements, 
factory laws, and other child-saving devices it is invading 
the ancient domain of the parent. Little by little, to use 
the generalization of Dr. Commons, the original "coercive" 
powers of the family under the patriarchial regime have 
been "extracted" and appropriated by society. Thus the 
family becomes "less a coercive institution, where the chil-. 



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dren serve their parents, and more a spiritual and psychic 
association of parent and child based on persuasion." The 
state, the "peculiar coercive institution," he declares, in the 
interest of children's rights has "annexed" a large part of 
the patria potestas; and "all families are thereby toned up 
to a stronger emphasis on persuasion as the justification of 
their continuance." 1 In fact the leveling tendency just con- 
sidered, instead of being a serious menace to the family, is 
probably a regenerative force. The question is, may the 
old legal patriarchial bonds be adequately replaced by spir- 
itual ties, and thus a nobler type of domestic life be pro- 
duced? 

In more sinister ways the solidarity of the family appears 
to be menaced through the individualism fostered by our 
economic and industrial systems, operating chiefly in great 
urban centres. With the rise of corporate and associated 
industry comes a weakening of family ties. Through the 
division of labor the family "hearthstone" is fast becoming 
a mere temporary meeting-place of individual wage-earners. 
The congestion of the population in cities is forcing into 
being new and lower modes of life. The home is in peril. 
In the vast hives of Paris, London, or New York the fami- 
lies even of the relatively well-to-do have small opportunity 
to flourish — for self-culture and self -enjoyment. To the 
children of the slum the street is a perilous nursery. For 
them squalor, disease, and sordid vice have supplanted the 
traditional blessings of the family sanctuary. 

Furthermore, the social trinity is seriously threatened 
by two opposite tendencies, each of which is, in part, the 
product of present urban and industrial conditions. On 
the one hand, marriage is shunned and the home is ceasing 
to be attractive. For very many club life has stronger 




;. "The Family." In his Sociological Viev> of Sovereignty, 
of Sociology, y, 683 tL, 688-680, 



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allurements than the connubial partnership. For the poor, 
sometimes for the rich, the great city has many interests 
and many places more attractive than the home circle. The 
spirit of commercial greed and the love of selfish ease, not 
less than grinding penury, restrain men and women from 
wedlock. On the other hand, the urban environment has 
the opposite effect. In the crowded, heterogeneous, and 
shifting population of the great towns marriages are often 
lightly made and as lightly dissolved. Indeed, the re- 
markable mobility of the American people, the habit of 
frequent migration in search of employment, under the 
powerful incentives of industrial enterprise, gold-hunting, 
or other adventure, and under favor of the marvelously 
developed means of transportation, will account in no 
small degree for the laxity of matrimonial and family ties 
in the United States. 

Yet these perils, although serious, need not become fatal. 
They are inherent mainly in industrial institutions which 
may be scientifically studied and intelligently brought into 
harmony with the requirements of the social order. The 
problems of the family are at once ethical, sociological, and 
economic. If the home is to be rescued from the encroach- 
ments of the shop and the factory, it must be earnestly 
studied in connection with the problems of organized in- 
dustry and with those of state or municipal control of the 
great public utilities. Already through improved facili- 
ties for rapid transit the evils resulting from dense popu- 
lation are being somewhat ameliorated. Of a truth every 
penny's reduction in street-railway fares signifies to the 
family of small means a better chance for pure air, sound 
health, and a separate home in the suburbs. The disper- 
sion of the city over a broader area at once cheapens and 
raises the standard of living. Every hour's reduction in 
the period of daily toil potentially gives more leisure for 
building, adorning, and enjoying the home. 



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There is another result of social evolution which to many 
persons seems to be just cause of alarm. The liberation 
of woman in every one of its aspects profoundly involves 
the destiny of the family. It signifies in all the larger ac- 
tivities of life the relative individualization of one-half of 
human kind. This means, of course, a weakening of the 
solidarity of the family group so far as its cohesion is de- 
pendent upon the remnants of ancient marital authority. 
Will the ultimate dissolution of the family, as sometimes 
predicted, thus become the price of equality and freedom? 
Or rather, is it not almost certain that in the more salu- 
brious air of freedom and equality there is being evolved 
a higher type of the family, knit together by ties, sexual, 
moral, and spiritual, far more tenacious than those fostered 
by the regime of subjection ? 

In particular the fear that the higher education of 
woman, in connection with her growing economic inde- 
pendence, will prove harmful to society through her re- 
fusal of matrimony or maternity, appears to be without 
real foundation. It is true that the birth-rate is falling. 
So far as this depends upon male sensuality — a prevalent 
cause of sterility; upon selfish love of ease and luxury — 
of which men even more than women are guilty ; or upon 
the disastrous influence of the extremes of wealth and pov- 
erty—of which women as well as men are the victims — it 
is a serious evil which may well cause us anxiety; but so 
far as it is the result of the desire for fewer but better- 
bom children, for which, let us hope, the advancing culture 
of woman may in part be responsible, it is in fact, a posi- 
tive social good. 

It is true also that, while fewer and fewer marriages in 
proportion to the population arc taking place, men as well 
as women are marrying later and later in life. The mar- 
riage-rate is falling and the average age at which either 



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sex marries is rising. Here, again, for the reasons just 
mentioned, the results are both good and bad. Certain 
it is that early marriages and excessive child-bearing have 
been the twin causes of much injury to the human race. 
It is high time definitively to expose the dual fallacy, de- 
rived mainly from ancient military and theological tradi- 
tion, that early marriages and many children should be 
favored at all hazards. The gradual advance of the mar- 
riage-age man mean better mated parents and more stable 
families. Moreover, if it be admitted that a falling birth- 
rate is a sign of national decadence, it should be considered 
that an increasing population may now be sustained by 
families smaller than in earlier times. Better sanitation, 
the scientific mastery of prevention of disease, and the 
lessening of the ravages of war are producing a decrease 
in the death-rate which more than keeps pace with the fall 
in the rate of births. In the last few decades the average 
length of human life has been considerably increased. 
Fewer children are born, but they are much better in 
quality. 

There is really no need to be anxious about the destiny 
of the college woman. It is not marriage or maternity 
which she shuns; but she is refusing to become merely a 
child-bearing animal. It is simply wrong wedlock which 
she avoids. She has a higher ideal of matrimony. The 
rise of a more refined sentiment of love has become at 
once a check and an incentive to marriage. With greater 
economic and political liberty, she is declining to look upon 
marriage as her sole vocation. As a wife she asks to be 
admitted to an even partnership with the husband in the 
nurture of the family and in doing the world's work. Thus 
the liberation movement means in a high degree the so- 
cialization of one-half of the human race. 

Jt is perhaps not surprising that of all the alleged evils 



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which threaten the integrity of the family divorce should 
be commonly looked upon as the most dangerous. In 
Europe as well as in America the divorce-rate is rising 
while the marriage-rate is falling. It is higher in the 
United States than in any other country collecting statis- 
tics except Japan. In this instance as in others it does not 
follow that the individualistic tendency is necessarily 
vicious. Nowhere in the field of social ethics, perhaps, is 
there more confusion of thought than in dealing with the 
divorce question. Divorce is not favored by any one for 
its own sake. Probably in every healthy society the ideal 
of right marriage is a lifelong union. But what if it is 
not right, if the marriage is a failure? Is there no relief? 
Here a sharp difference of opinion has arisen. Some per- 
sons look upon divorce as an evil in itself; others as a 
"remedy" for, or a "symptom" of, social disease. The one 
class regards it as a cause; the other as an effect. To the 
Roman Catholic and to those who believe with him divorce 
is a sin, the sanction of "successive polygamy," of "polyg- 
amy on the installment plan." At the other extreme are 
those who, like Milton and Humboldt, would allow mar- 
riage to be dissolved freely by mutual consent, or even at 
the desire of either spouse. According to the prevailing 
opinion, as expressed in modern legislation, civil divorce 
is the logical counterpart of civil marriage. The right of 
the state to dissolve wedlock is conceded, although it is 
clear that in marriage the family relation is more vital than 
the contract by which entrance into it is sanctioned. The 
rupture of that relation is indeed "revolutionary," as has 
been strongly insisted upon; but the state in granting di- 
vorce is merely declaring a revolution which in reality has 
already taken place. 

Yet divorce is sanctioned by the state as an individual 
right, and there may be occasions when the exercise of that 



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SOCIAL CONTROL 



right becomes a social duty. Loose divorce laws may 
even invite crime. Nevertheless it is fallacious to repre- 
sent the institution of divorce as in itself a menace to social 
morality. It is a result and not a cause ; a remedy and not 
the disease. It is not immoral. On the contrary, it is 
quite probable that drastic, like negligent, legislation is 
sometimes immoral. It is not necessarily a virtue in a 
divorce law, as appears often to be assumed, to restrict the 
application of the remedy regardless of the sufferings of 
the social body. If it were, the only logical course would 
be to imitate South Carolina and prohibit divorce entirely. 
The most enlightened judgment of the age heartily ap- 
proves of the policy of extending the legal causes so as 
to include offenses other than the one "scriptural" ground, 
as being equally destructive of connubial happiness and 
family well-being. Indeed, considering the needs of each 
particular society, the promotion of happiness is the only 
safe criterion to guide the lawmaker either in widening or 
narrowing the door of escape from the marriage bond. 

The divorce movement is a portentous and almost uni- 
versal incident of modern civilization. Doubtless it sig- 
nifies underlying social evils, vast and perilous. Yet to 
the student of history it is perfectly clear that it is but a 
part of the mighty movement for social liberation which 
has been gaining in volume and strength ever since the 
Reformation. According to the sixteenth-century re- 
former, divorce is a "medicine" for the disease of mar- 
riage. It is so to-day in a sense more real than Smith or 
Bullinger ever dreamed of; for the principal fountain of 
divorce is bad matrimonial laws and bad marriages. Cer- 
tain it is that one rises from a detailed study of American 
legislation with the conviction that, faulty as are our di- 
vorce laws, our marriage laws are far worse: while our 
apathy, our carelessness and levity regarding the safe- 



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guards of the matrimonial institution are well-nigh incredi- 
ble. The centre of the dual problem of protecting and 
reforming the family is marriage and not divorce. 

In fact there has been a great deal of hasty and mis- 
directed criticism of American divorce legislation. Often 
it rests upon the facts as they were eighteen years ago, 
when the government report was compiled. Meantime 
great improvements have been made. Little by little the 
codes of the fifty-two states and territories, freed from 
their most glaring faults, are approximating to a common 
type. If American legislation is on the average more lib- 
eral than that of other lands, it would surely be rash to as- 
sume that it is worse on that account. The question is: 
Has American social liberalism, in this regard as in so 
many other respects, increased the sum of human happi- 
ness? Is there any good reason for believing that what 
De Tocqueville said fifty years ago is not to-day true? 
"Assuredly," he wrote, "America is the country in the 
world where the marriage tie is most respected and where 
the highest and justest idea of conjugal happiness has been 
conceived." 

The divorce movement in America is in part an inci- 
dent of a great transition phase in social progress. It can- 
not be denied that the increase in the number of divorces 
is largely due to the new economic and intellectual posi- 
tion of woman. The wife more frequently than the hus- 
band is seeking in divorce a release from marital ills; for 
in her case it often involves an escape from sexual slavery. 
Indeed there is crying need of a higher ideal of the mar- 
riage relation. While bad legislation and a low standard 
of social ethics continue to throw recklessly wide the door 
which opens to wedlock, there must of necessity be a broad 
way out. How ignorantly, with what utter levity, are 
marriages often contracted; how many thousands of par- 



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192 SOCIAL CONTROL 



ents fail to give their children any serious warning against 
yielding to transient impulse in choosing a mate ; how few 
have received any real training with respect to the duties 
and responsibilities of conjugal life? What proper check 
is society placing upon the marriage of the unfit? Is 
there any boy or girl so immature, if only the legal age of 
consent has been reached; is there any "delinquent" so 
dangerous through inherited tendencies to disease or 
crime ; is there any worn-out debauchee, who cannot some- 
where find a magistrate or a priest to tie the "sacred knot ?" 
In sanctioning divorce the welfare of the children may well 
cause the state anxiety ; but are there not thousands of so- 
called "homes" from whose corrupting and blighting 
shadow the sooner a child escapes the better both for it 
and society? 

In some measure the problem of the family has now 
been stated. What are the means available for its solu- 
tion? The raising of ideals is a slow process. It will 
come only in relatively small degree through the statute- 
maker. Yet the function of legislation is important. 
Good laws constitute a favorable environment for spiritual 
progress. Already much effective work has been done, 
yet in almost every direction there is urgent need of re- 
form. In particular our matrimonial law should be thor- 
oughly overhauled. The so-called "common law mar- 
riage" — a fruitful source of social anarchy— ought to be 
absolutely abolished. The illogical and awkward system 
of optional lay or ecclesiastical celebration should be super- 
seded by obligatory civil marriage on the European model. 
The administrative system governing the preliminaries of 
marriage should be amended so as to relieve America 
from the scandal of clandestine weddings of the St. Joseph 
(Michigan) pattern. The achievement of a wisely con- 
ceived and carefully drafted uniform matrimonial law for 



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193 



the entire country ought to be more zealously taken in 
hand. At present, through the state commissions on uni- 
form legislation, practical workers are urging the adoption 
of a model statute relating to divorce. Perhaps conven- 
tions of groups of states might be used to advantage. In 
the end it may be found necessary, under a constitutional 
amendment, to appeal to the federal power. What service 
could a national legislature render more beneficent than 
the creation of a code embracing every division of the in- 
tricate law of marriage and divorce? Aside from its edu- 
cational value as a moral force, such a code in material 
ways would prove a powerful guaranty of social order 
and stability. 

Far more important in the solution of the problem is the 
function of education. Apparently the salvation of the 
family must come mainly through the vitalizing, regenera- 
tive power of a more efficient moral, physical, and social 
training of the young. The home and the family must 
enter into the educational curriculum. In the sphere of 
the domestic institutions, even more imperatively than in 
that of politics or economics, there is need of light and pub- 
licity. It is vain to turn back the hand on the dial. The 
process of individualization for the sake of socialization 
should be frankly accepted. The old coercive bonds of 
the family cannot be restored. A way must be found to 
replace them by spiritual ties which will hold father, mother, 
and child together in the discharge of a common function 
in the altered environment. 

The new social education must grapple fundamentally 
with the whole group of problems which concern the fam- 
ily, marriage, and the home. Through conscious effort 
the home should become an educational institution in 
which the family receives its most intimate training. In 
the work every grade in the educational structure from 



194 



SOCIAL CONTROL 



the university to the kindergarten must have its appro- 
priate share. Already departments of sociology, social 
science, domestic science, and physical culture are giving 
instruction of real value ; but the training should be broad- 
ened and deepened. Moreover, the elements of such a 
training in domestic sociology should find a place in the 
public school programme. Where now, except perchance 
in an indirect or perfunctory way, does the school-boy or 
girl get any practical suggestion as to home-building, the 
right social relations of parent and child, much less re- 
garding marriage and the fundamental question of the 
sexual life? Indeed, almost the entire methodology of 
such instruction has yet to be devised. Is it visionary to 
hope that right methods may be developed for safely deal- 
ing even with such matters? 

In the future educational programme sex questions must 
hold an honorable place. Progress in this direction may 
be slow because of the false shame, the prurient delicacy, 
now widely prevalent touching everything connected with 
the sexual life. The folly of parents in leaving their chil- 
dren in ignorance of the laws of sex is notorious ; yet how 
much safer than ignorance is knowledge as a shield for 
innocence 1 

It is of the greatest moment to society that the young 
should be trained in the general laws of heredity. Every- 
where men and women are marrying in utter contempt of 
the warnings of science. Domestic animals are literally 
better bred than are human beings. There must be a 
higher ideal of sexual choice. Experience shows that in 
wedlock natural and sexual selection should play a smaller, 
and artificial selection a larger, role ; the safety of the social 
body requires that a check be put upon the propagation 
of the unfit Here the state has a function to perform. 
In the future much more than now, let us hope, the mar- 



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195 



riage of persons mentally delinquent or tainted by neredi- 
tary disease or crime will be legally restrained. 

Moreover, the social culture of the future must con- 
sciously foster a higher race-altruism which shall be capa- 
ble of present sacrifice for the permanent good of the com- 
ing generations. A wise sociologist has already outlined 
the elements of a new science of Eugenics — a science deal- 
ing with all the influences which improve and develop to 
advantage the inborn qualities of the race. 1 Indeed, fam- 
ily sentiment in some measure must yield to race senti- 
ment. Too often at present family sentiment is but an ex- 
pression of avid selfishness and greed which are no slight 
hindrance to sociological progress. "When human beings 
and families rationally subordinate their own interests as 
perfectly to the welfare of future generations as do ani- 
mals under the control of instinct," says Dr. Wood*, "the 
world will have a more enduring type of family life than 
exists at present." May we not confidently believe that 
the family, surmounting the dangers which beset it, is 
capable of developing new powers and discharging new 
functions of vital importance to mankind? In the even 
partnership of the domestic union, knit together by psychic 
as well as physical ties, the house-father and the house- 
mother are already becoming more conscious of their 
higher function and responsibility as father and mother of 
the race. 



'Gallon, Eugenicn: It$ Definition, Scope, and Aim$, in American Journal of 
Sociology, X, 1 ff. 

•Dr. Thomas D. Wood, Some ControWmg Ideal* of the Family Life of the 



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THE SOCIAL PROBLEMS OF AMERICAN 

FARMERS 

BY KENYON LEECH BUTTERFIELD 

[Kenton Leech Butterfield, President of Rhode Island College of 
Agriculture and Mechanic ArU since 1903, and Professor of Po- 
litical Economy and Rural Sociology. Since July 1, 1906, Presi- 
dent of Massachusetts Agricultural College, b. Lapeer, Michigan, 
June, 1868. B.S. Michigan Agricultural College; A.M. University 
of Michigan. Assistant Secretary of Michigan Agricultural Col- 
lege, 1891-92; Editor, MichiganJJrange Visitor, 1892 96; Superin- 
tendent, Michigan Farmers' Institutes, 1895-99; Field Agent, 
Michigan Agricultural College, 1896-99; Instructor in Rural So- 
ciology, University of Michigan, 1902.) 

The title of this paper indicates that, for the present 
purpose, the words "the rural community" have been in- 
terpreted to apply chiefly to farmers. Eight millions of 
our people are classed by the census as "semi-urban." The 
village problem is an interesting and important field for 
social investigation, but we shall discuss only the condi- 
tions and needs of farmers. 

In America the farm problem has not been adequately 
studied. So stupendous has been the development of our 
manufacturing industries, so marvelous the growth of our 
urban population, so pressing the questions raised by mod- 
ern city life, that the social and economic interests of the 
American farmer have, as a rule, received minor consid- 
eration. We are impressed with the rise of cities like 
Chicago, forgetting for the moment that half of the Ameri- 
can people still live under rural conditions. We are per- 
plexed by the labor wars that are waged about us, for the 
time unmindful that one-third of the workers of this coun- 
try make their living immediately from the soil. We are 
astounded, and perhaps alarmed, at the great centraliza- 
tion of capital, possibly not realizing that the capital in- 

197 



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198 AMERICAN FARMERS 



vested in agriculture in the United States nearly equals 
the combined capital invested in the manufacturing and 
railway industries. But if we pause to consider the scope 
and nature of the economic and social interests involved, 
we cannot avoid the conclusion that the farm problem is 
worthy of serious thought from students of our national 
welfare. 

We are aware that agriculture does not hold the same 
relative rank among our industries that it did in former 
years, and that our city population has increased far more 
rapidly than has our rural population. We do not ignore 
the fact that urban industries are developing more rapidly 
than is agriculture, nor deny the seriousness of the actual 
depletion of rural population, and even of community de- 
cadence, in some portions of the Union. But these facts 
merely add to the importance of the farm question. And 
it should not l>e forgotten that there has been a large and 
constant growth both of our agricultural wealth and of 
our rural population. During the last half-century there 
was a gain of 500 per cent in the value of farm property, 
while the non-urban population increased 250 per cent. 
Agriculture has been one of the chief elements of America's 
industrial greatness; it is still our dominant economic in- 
terest, and it will long remain at least a leading industry. 
The people of the farm have furnished a sturdy citizen- 
ship and have been the primary source of much of our 
best leadership in political, business, and professional life. 
For an indefinite future a large proportion of the Ameri- 
can people will continue to live in a rural environment. 

In a thorough discussion of the "social problems of 
American farmers" it would be desirable first of all to 
analyze with some detail the general question which we 
have called the farm problem. Only thus can we under- 
stand the social difficulties of the rural community, the 



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significance of the social agencies designed to meet those 
difficulties, and the real ambitions and needs of the farm- 
ing class. But time will permit merely a concise, and 
necessarily a somewhat dogmatic, statement of what the 
writer believes to be the ultimate farm problem in America. 
We may perhaps most quickly arrive at the conclusion by 
the process of elimination. 

Current agricultural discussion would lead us to think 
that the farm problem is largely one of technique. The 
possibilities of the agricultural industry, in the light of 
applied science, emphasize the need of the farmer for more 
complete knowledge of soil and plant and animal, and for 
increased proficiency in utilizing this knowledge to secure 
greater production at less cost. This is a fundamental 
need. It lies at the basis of success in farming. But it 
is not the farm problem. 

Business skill must be added, business methods en- 
forced. The farmer must be not only a more skillful 
produce-grower, but also a keener produce-seller. But the 
moment we enter the realm of the market we step outside 
the individualistic aspect of the problem as embodied in the 
current doctrine of technical agricultural teaching, and are 
forced to consider the social aspect as emphasized, first of 
all, in the economic category of price. Here we find many 
factors — transportation cost, general market conditions at 
home and abroad, the status of other industries, and even 
legislative activities. The farm problem becomes an in- 
dustrial question, not merely one of technical and business 
skill. Moreover, the problem is one of a successful in- 
dustry as a whole, not merely the personal successes of 
even a respectable number of individual farmers. The 
farming class must progress as a unit. 

But have we yet reached the heart of the question? Is 
the farm problem one of technique, plus business skill, 



200 AMERICAN FARMERS 



plus these broad economic considerations? Is it not per- 
fectly possible that agriculture as an industry may remain 
in a fairly satisfactory condition, and yet the farming 
class fail to maintain its status in the general social order? 
Is it not, for instance, quite within the bounds of proba- 
bility to imagine a good degree of economic strength in 
the agricultural industry existing side by side with either 
a peasant regime or a landlord-and-tenant system? Yet 
would we expect from either system the same social fruit- 
age that has been harvested from our American yeomanry? 

We conclude, then, that the farm problem consists in 
maintaining upon our farms a class of people who have 
succeeded in procuring for themselves the highest possible 
class status, not only in the industrial, but in the political 
and the social order — a relative status, moreover, that is 
measured by the demands of American ideals. The farm 
problem thus connects itself with the whole question of 
democratic civilization. This is not mere platitude. For 
we cannot properly judge the significance and the relation 
of the different industrial activities of our farmers, and 
especially the value of the various social agencies for rural 
betterment, except by the standard of class status. It is 
here that we seem to find the only satisfactory philosophy 
of rural progress. 

We would not for a moment discredit the fundamental - 
importance of movements that have for their purpose the 
improved technical skill of our farmers, better business 
management of the farm, and wiser study and control of . 
market conditions. Indeed, we would call attention to the 
fact that social institutions are absolutely necessary means 
of securing these essential factors of industrial success. In 
the solution of the farm problem we must deliberately in- 
voke the influence of quickened means of communication, 
of cooperation among farmers, of various means of edu- 



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cation, and possibly even of religious institutions, to stimu- 
late and direct industrial activity. What needs present 
emphasis is the fact that there is a definite, real, social end 
to be held in view as the goal of rural endeavor. The 
highest possible social status for the farming class is that 
end. 

We may now, as briefly as possible, describe some of 
the difficulties that lie in the path of the farmers in their 
ambition to attain greater class efficiency and larger class 
influence, and some of the means at hand for minimizing 
the difficulties. A complete discussion of the farm prob- 
lem should, of course, include thorough consideration of 
the technical, the business, and the economic questions im- 
plied by the struggle for industrial success; for industrial 
success is prerequisite to the achievement of the greatest 
social power of the farming class. But we shall consider 
only the social aspects of the problem. 

Rural Isolation 

Perhaps the one great underlying social difficulty among 
American farmers is their comparatively isolated mode of 
life. The farmer's family is isolated from other families. 
A small city of perhaps twenty thousand population will 
contain from four hundred to six hundred families per 
square mile, whereas a typical agricultural community in 
a prosperous agricultural state will hardly average more 
than ten families per square mile. The farming class is 
isolated from other classes. Farmers, of course, mingle 
considerably in a business and political way with the men 
of their trading town and county seat ; but, broadly speak- 
ing, farmers do not associate freely with people living un- 
der urban conditions and possessing other than the rural 
point of view. It would be venturesome to suggest very 
definite generalizations with respect to the precise influ- 



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AMERICAN FARMERS 



ence of these conditions because, so far as the writer is 
aware, the psychology of isolation has not been worked 
out. But two or three conclusions seem to be admissible, 
and for that matter rather generally accepted. 

The well-known conservatism of the farming class is 
doubtless largely due to class isolation. Habits, ideas, 
traditions, and ideals have long life in the rural commun- 
ity. Changes come slowly. There is a tendency to tread 
the well-worn paths. The farmer does not easily keep in 
touch with the rapid modern development, unless the move- 
ments or methods directly affect him. Physical agencies 
which improve social conditions, such as electric lights, 
telephones, and pavements, come to the city first The 
atmosphere of the country speaks peace and quiet Na- 
ture's routine of sunshine and storm, of summer and 
winter, encourages routine and repetition in the man who 
works with her. 

A complement of this rural conservatism, which at first 
thought seems a paradox, but which probably grows out 
of these same conditions of isolation, is the intense radi- 
calism of a rural community when once it breaks away 
from its moorings. Many farmers are unduly suspicious 
of others' motives; yet the same people often succumb to 
the wiles of the charlatan, whether medical or political. 
Farmers are usually conservative in politics and intensely 
loyal to party; but the Populist movement indicates the 
tendency to extremes when the old allegiance is left be- 
hind. Old methods of farming may be found alongside 
ill-considered attempts to raise new crops or to utilize un- 
tried machines. 

Other effects of rural isolation are seen in a class pro- 
vincialism that is hard to eradicate, and in the development 
of minds less alert to seize business advantages and less 
far-sighted than are developed by the intense industrial 



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life of the town. There is time to brood over wrongs, 
real and imaginary. Personal prejudices often grow to be 
rank and coarse-fibered. Neighborhood feuds are not un- 
common and are often virulent. Leadership is made diffi- 
cult and sometimes impossible. It is easy to fall into per- 
sonal habits that may mark off the farmer from other 
classes of similar intelligence, and that bar him from his 
rightful social place. 

It would, however, be distinctly unfair to the farm com- 
munity if we did not emphasize some of the advantages 
that grow out of the rural mode of life. Farmers have 
time to think, and the typical American farmer is a man 
who has thought much and often deeply. A spirit of 
sturdy independence is generated, and freedom of will and 
of action is encouraged. Family life is nowhere so edu- 
cative as in the country. The whole family cooperates for 
common ends, and in its individual members are bred the 
qualities of industry, patience, and perseverance. The 
manual work of the schools is but a makeshift for the old- 
fashioned training of the country-grown boy. Country 
life is an admirable preparation for the modern industrial 
and professional career. 

Nevertheless, rural isolation is a real evil. Present-day 
living is so distinctively social, progress is so dependent 
upon social agencies, social development is so rapid, that 
if the farmer is to keep his status he must be fully in step 
with the rest of the army. He must secure the social 
viewpoint. The disadvantages of rural isolation are largely 
in the realm of the social relations, its advantages mostly 
on the individual and moral side. Farm life makes a 
strong individual; it is a serious menace to the achieve- 
ment of class power. 

A cure for isolation sometimes suggested is the gather- 
ing of the farmers into villages. This remedy, however, 



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AMERICAN FARMERS 



is of doubtful value. In the first place, the scheme is not 
immediately practicable. About three and one-half bil- 
lions of dollars are now invested in farm buildings, and it 
will require some motive more powerful than that inspired 
by academic logic to transfer, even gradually, this invest- 
ment to village groups. Moreover, it is possible to dis- 
pute the desirability of the remedy. The farm village at 
best must be a mere hamlet. It can secure for the farmer 
very few of the urban advantages he may want, except 
that of permitting closer daily intercourse between families. 
And it is questionable if the petty society of such a village 
can compensate for the freedom and purity of rural family 
life now existing. It may even be asserted with some de- 
gree of positiveness that the small village, on the moral 
and intellectual sides, is distinctly inferior to the isolated 
farm home. 

At the present time rural isolation in America is being 
overcome by the development of better means of com- 
munication among farmers who still live on their farms. 
So successful are these means of communication proving 
that we cannot avoid the conclusion that herein lies the 
remedy. Improved wagon-roads, the rural free mail de- 
livery, the farm telephone, trolley-lines through country 
districts, are bringing about a positive revolution in coun- 
try living. They are curing the evils of isolation, without 
in the slightest degree robbing the farm of its manifest 
advantages for family life. The farmers are being welded 
into a more compact society. They are being nurtured 
to greater alertness of mind, to greater keenness of ob- 
servation, and the foundations are being laid for vastly 
enlarged social activities. The problem now is to extend 
these advantages to every rural community — in itself a 
task of huge proportions. If this can be done and isola- 
tion can be reduced to a minimum, the solution of all the 
other rural social problems will become vastly easier. 



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Farmers* Organisation 

Organization is one of the pressing social problems that 
American farmers have to face. The importance of the 
question is intrinsic, because of the general social necessity 
for cooperation which characterizes modern life. Society 
is becoming consciously self-directive. The immediate 
phase of this growing self-direction lies in the attempts 
of various social groups to organize their powers for group 
advantage. And if, as seems probable, this group activity 
is to remain a dominant feature of social progress, even 
in a fairly coherent society, it is manifest that there will 
result more or less of competition among groups. 

The farming class, if at all ambitious for group influ- 
ence, can hardly avoid this tendency to organization. 
Farmers, indeed, more than any other class, need to or- 
ganize. Their isolation makes thorough organization 
especially imperative. And the argument for cooperation 
gains force from the fact that relatively the agricultural 
population is declining. In the old day farmers ruled be- 
cause of mere mass. That is no longer possible. The 
naive statement that "farmers must organize because other 
classes are organizing" is really good social philosophy. 

In the group competition just referred to there is a ten- 
dency for class interests to be put above general social wel- 
fare. This is a danger to be avoided in organization, not 
an argument against it. So the farmers' organization 
should be guarded, at this point, by adherence to the prin- 
ciple that organization must not only develop class power, 
but must be so directed as to permit the farmers to lend 
the full strength of their class to general social progress. 

Organization thus becomes a test of class efficiency, and 
consequently a prerequisite for solving the farm problem. 
Can the farming class secure and maintain a fairly corn- 



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AMERICAN FARMERS 



plete organization? Can it develop efficient leaders? Can 
it announce, in sound terms, its proposed group policy? 
Can it lend the group influence to genuine social progress? 
If so, the organization of farmers becomes a movement of 
preeminent importance. 

Organization, moreover, is a powerful educational force. 
It arouses discussion of fundamental questions, diffuses 
knowledge, gives practice in public affairs, trains individ- 
uals in executive work, and, in fine, stimulates, as nothing 
else can, a class which is in special need of social incentive. 

Organization is, however, difficult of accomplishment. 
While it would take us too far afield to discuss the history 
of farmers' organizations in America, we may briefly sug- 
gest some of the difficulties involved. For forty years the 
question has been a prominent one among the farmers, 
and these years have seen the rise and decline of several 
large associations. There have been apparently two great 
factors contributing to the downfall of these organizations. 
The first was a misapprehension, on the part of the farm- 
ers, of the feasibility of organizing themselves as a polit- 
ical phalanx; the second, a sentimental belief in the possi- 
bilities of business cooperation among farmers, more es- 
pecially in lines outside their vocation. There is no place 
for class politics in America. There are some things legis- 
lation cannot cure. There are serious limitations to co- 
operative endeavor. It took many hard experiences for 
our farmers to learn these truths. But back of all lie 
some inherent difficulties, as, for instance, the number of 
people involved, their isolation, sectional interests, in- 
grained habits of independent action, of individual initia- 
tive, of suspicion of others' motives. There is often lack 
of perspective and unwillingness to invest in a procedure 
that does not promise immediate returns. The mere fact 
of failure has discredited the organization idea. There 



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SOCIAL PROBLEMS OF 207 



is lack of leadership ; for the farm industry, while it often 
produces men of strong mind, keen perception, resolute 
will, does not, as a rule, develop executive capacity for 
large enterprises. 

It is frequently asserted that farmers are the only class 
that has not organized. This is not strictly true. The 
difficulties enumerated are real difficulties and have seri- 
ously retarded farm organization. But if the progress 
made is not satisfactory, it is at least encouraging. On 
the purely business side, over five thousand cooperative 
societies among American farmers have been reported. 
In cooperative buying of supplies, cooperative selling of 
products, and cooperative insurance the volume of trans- 
actions reaches large figures. A host of societies of a 
purely educational nature exists among stock-breeders, 
fruit-growers, dairymen. It is true that no one general 
organization of farmers, embracing a large proportion of 
the class, has as yet been perfected. The nearest approach 
to it is the Grange, which, contrary to a popular notion, 
is in a prosperous condition, with a really large influence 
upon the social, financial, educational, and legislative in- 
terests of the farming class. It has had a steady growth 
during the past ten years, and is a quiet but powerful factor 
in rural progress. The Grange is, perhaps, too conserva- 
tive in its administrative policy. It has not at least suc- 
ceeded in converting to its fold the farmers of the great 
Mississippi Valley. But it has workable machinery, it 
disavows partisan politics and selfish class interests, and it 
subordinates financial benefits, while emphasizing educa- 
tional and broadly political advantages. It seems fair to 
interpret the principles of the Grange as wholly in line 
with the premise of this paper, that the farmers need to 
preserve their status, politically, industrially, and socially, 
and that organization is one of the fundamental methods 



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208 AMERICAN FARMERS 



they must use. The Grange, therefore, deserves to suc- 
ceed, and indeed is succeeding. 

The field of agricultural organization is an extensive 
one. But if the farm problem is to be satisfactorily solved, 
the American farmers must first secure reasonably com- 
plete organization. 

Rural Education 

It is hardly necessary to assert that the education of that 
portion of the American people who live upon the land in- 
volves a question of the greatest significance. The sub- 
ject naturally divides itself into two phases, one of which 
may be designated, as rural education proper, the other as 
agricultural education. Rural education has to do with 
the education of people, more especially of the young, who 
live under rural conditions; agricultural education aims to 
prepare men and women for the specific vocation of agri- 
culture. The rural school typifies the first; the agricul- 
tural school, the second. Rural education is but a section 
of the general school question ; agricultural education is a 
branch of technical training. These two phases of the 
education of the farm population meet at many points, 
they must work in harmony, and together they form a 
distinct educational problem. 

The serious difficulties in the rural school question are 
perhaps three : first, to secure a modern school, in efficiency 
somewhat comparable to the town school, without unduly 
increasing the school tax; second, so to enrich the cur- 
riculum and so to expand the functions of the school that 
the school shall become a vital and coherent part of the 
community life, on the one hand translating the rural en- 
vironment into terms of character and mental efficiency, 
and on the other hand serving perfectly as a stepping-stone 



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to the city schools and to urban careers; third, to provide 
adequate high-school facilities in the rural community. 

The centralization of district schools and the transpor- 
tation of pupils will probably prove to be more nearly a 
solution of all these difficulties than will any other one 
scheme. The plan permits the payment of higher wages 
for teachers and ought to secure better instruction; it per- 
mits the employment of special teachers, as for nature- 
study or agriculture; it increases the efficiency of superin- 
tendence; it costs but little, if any, more than the district 
system ; it leaves the school amid rural surroundings, while 
introducing into the school-room itself a larger volume, so 
to speak, of world-atmosphere; it contains possibilities for 
community service; it can easily be expanded into a high 
school of reputable grade. 

There are two dangers, both somewhat grave, likely to 
arise from an urgent campaign for centralization. Even 
if the movement makes as great progress as could reason- 
ably be expected, for a generation to come a large share, 
if not a major portion, of rural pupils will still be taught 
in the small, isolated, district school; there is danger that 
this district school may be neglected. Moreover, increased 
school machinery always invites undue reliance upon ma- 
chine-like methods. Centralization permits, but does not 
guarantee, greater efficiency. A system like this one must 
be vitalized by constant and close touch with the life and 
needs and inspirations of the rural community itself. 

Wherever centralization is not adopted, the consolida- 
tion of two or three schools — a modified form of central- 
ization — may prove helpful. Where the district school 
still persists, there are one or two imperative requirements. 
Teachers must have considerably higher wages and longer 
tenure. There must be more efficient supervision. The 
state must assist in supporting the school, although only 



210 AMERICAN FARMERS 



in part. The small schools must be correlated with some 
form of high school. The last point is of great import- 
ance because of the comparative absence in country com- 
munities of opportunity near at hand for good high-school 
training. 

Agricultural education is distinctively technical, not in 
the restricted sense of mere technique or even of applied 
science, but in the sense that it must be frankly vocational. 
It has to do with the preparation of men and women for 
the business of farming and for life in the rural com- 
munity. 

Agricultural education should begin in the primary 
school. In this school the point of view, however, should 
be broadly pedagogical rather than immediately vocational. 
Fortunately, the wise teaching of nature-study, the train- 
ing of pupils to know and to love nature, the constant illus- 
trations from the rural environment, the continual appeal 
to personal observation and experience, absolute loyalty to 
the farm point of view, are not only sound pedagogy, but 
from the best possible background for future vocational 
study. Whether we call this early work "nature-study" 
or call it "agriculture" matters less than that the funda- 
mental principle be recognized. It must first of all edu- 
cate. The greatest difficulty in introducing such work 
into the primary school is to secure properly equipped 
teachers. 

Perhaps the most stupendous undertaking in agricultural 
education is the adequate development of secondary edu- 
cation in agriculture. The overwhelming majority of 
young people who secure any agricultural schooling what- 
ever must get it in institutions that academically are of 
secondary grade. This is a huge task. If developed to 
supply existing needs, it will call for an enormous expendi- 
ture of money and for the most careful planning. From 



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SOCIAL PROBLEMS OF 211 



the teaching viewpoint it is a difficult problem. Modern 
agriculture is based upon the sciences ; it will not do, there- 
fore, to establish schools in the mere art of farming. But 
these agricultural high schools must deal with pupils who 
are comparatively immature, and who almost invariably 
have had no preparation in science. Nor should the 
courses at these schools be ultra-technical. They are to 
prepare men and women for life on the farm — men and 
women who are to lead in rural development, and who 
must get some inkling at least of the real farm question 
and its solution. The agricultural school, therefore, pre- 
sents a problem of great difficulty. 

A perennial question in agricultural education is : What 
is the function of the agricultural college? We have not 
time to trace the history of these colleges, nor to elaborate 
the various views relative to their mission. But let us for 
a moment discuss their proper function in the light of the 
proposition that the preservation of the farmers' status is 
the real farm problem, for the college can be justified only 
as it finds its place among the social agencies helpful in 
the solution of the farm question. 

In so far as the agricultural college, through its experi- 
ment station or otherwise, is an organ of research, it should 
carry its investigations into the economic and sociological 
fields, as well as pursue experiments in soil fertility and 
animal nutrition. 

In the teaching of students, the agricultural college will 
continue the important work of training men for agricul- 
tural research, agricultural teaching, and expert super- 
vision of various agricultural enterprises. But the college 
should put renewed emphasis upon its ability to send well- 
trained men to the farms, there to live their lives, there to 
find their careers, and there to lead in the movements for 
rural progress. A decade ago it was not easy to find col- 



212 AMERICAN FARMERS 



leges which believed that this could be done, and some ag- 
ricultural educators have even disavowed such a purpose 
as a proper object of the colleges. But the strongest agri- 
cultural colleges to-day have pride in just such a purpose. 
And why not? We not only need men thus trained as 
leaders in every rural community, but if the farming busi- 
ness cannot be made to offer a career to a reasonable num- 
ber of college-trained men, it is a sure sign that only by 
the most herculean efforts can the farmers maintain their 
status as a class. If agriculture must be turned over 
wholly to the untrained and to the half-trained, if it cannot 
satisfy the ambition of strong, well-educated men and 
women, its future, from the social point of view, is indeed 
gloomy. 

The present-day course of study in the agricultural col- 
lege does not, however, fully meet this demand for rural 
leadership. The farm problem has been regarded as a 
technical question, and a technical training has been of- 
fered the student. The agricultural college, therefore, 
needs "socializing." Agricultural economics and rural so- 
ciology should occupy a large place in the curriculum. The 
men who go from the college to the farm should appre- 
ciate the significance of the agricultural question, and 
should be trained to organize their forces for genuine rural 
progress. The college should, as far as possible, become 
the leader in the whole movement for solving the farm 
problem. 

The farm home has not come in for its share of atten- 
tion in existing schemes of agricultural education. The 
kitchen and the dining-room have as much to gain from 
science as have the dairy and the orchard. The inspira- 
tion of vocational knowledge must be the possession of 
her who is the entrepreneur of the family, the home- 
maker. The agricultural colleges, through their depart- 



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213 



ments of domestic science — better, of "home-making" — 
should inaugurate a comprehensive movement for carry- 
ing to the farm home a larger measure of the advantages 
which modern science is showering upon humanity. 

The agricultural college must also lead in a more ade- 
quate development of extension teaching. Magnificent 
work has already been done through farmers' institutes, 
reading courses, cooperative experiments, demonstrations, 
and correspondence. But the field is so immense, the num- 
ber of people involved so enormous, the difficulties of 
reaching them so many, that it offers a genuine problem 
and one of peculiar significance, not only because of the 
generally recognized need of adult education, but also be- 
cause of the isolation of the farmers. 

It should be said that in no line of rural betterment has 
so much progress been made in America as in agricultural 
education. Merely to describe the work that is being done 
through nature-study and agriculture in the public schools, 
through agricultural schools, through our magnificent ag- 
ricultural colleges, through farmers' institutes, and especi- 
ally through the experiment stations and the federal De- 
partment of Agriculture in agricultural research and in the 
distribution of the best agricultural information — merely 
to inventory these movements properly would take the 
time available for this discussion. What has been said 
relative to agricultural education is less in way of criticism 
of existing methods than in way of suggestion as to funda- 
mental needs. 

The Ethical and Religious Problem. 

Wide generalizations as to the exact moral situation in the 
rural community are impossible. Conditions have not been 
adequately studied. It is probably safe to say that the 
country environment is extremely favorable for pure family 



214 AMERICAN FARMERS 



life, for temperance, and for bodily and mental health. To 
picture the country a paradise is, however, mere silliness. 
There are in the country, as elsewhere, evidences of vul- 
garity in language, of coarseness in thought, of social im- 
purity, of dishonesty in business. There is room in the 
country for all the ethical teaching that can be given. 

Nor is it easy to discuss the country church question, i 
Conditions vary in different parts of the Union, and no 
careful study has been made of the problem. As a general 
proposition it may be said that there are too many churches 
in the country, and that these are illy supported. Conse- 
quently, they have in many cases inferior ministers. Sec- 
tarianism is probably more divisive than in the city, not 
only because of the natural conservatism of the people and a 
natural disinclination to change their views, but because 
sectarian quarrels are perhaps more easily fomented and less 
easily harmonized than anywhere else. Moreover, in the 
city a person can usually find a denomination to his liking. 
In the country, even with the present overchurched con- 
dition, this is difficult. 

The ideal solution of the country church problem is to 
have in each rural community one strong church adequately 
supported, properly equipped, ministered to by an able man 
— a church which leads in community service. The path 
to the realization of such an ideal is rough and thorny. 
Church federation, however, promises large results in this 
direction and should be especially encouraged. 

Whatever outward form the solution of the country 
church question may take, there seems to be several general 
principles involved in a satisfactory attempt to meet the 
issue. In the first place, the country church offers a prob- 
lem by itself, socially considered. Methods successful in 
the city may not succeed in the country. The country 
church question must then be studied thoroughly and on the 
ground. 



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SOCIAL PROBLEMS OF 215 



Again, the same principle of financial aid to be utilized in 
the case of the schools must be invoked here. The wealth 
of the whole church must contribute to the support of the 
church everywhere. The strong must help the weak. The 
city must help-***^ country. But this aid must be given by 
cooperation, not by condescension. The demand cannot be 
met by home missionary effort nor by church-building con- 
tributions; the principle goes far deeper than that Some 
device must be secured which binds together the whole 
church, along denominational lines if must be, for a full 
development of church work in every community in the 
land. 

Furthermore, there is supreme necessity for adding dig- 
nity to the country parish. Too often at present the rural 
parish is regarded either as a convenient laboratory for the 
clerical novice, or as an asylum for the decrepit or inefficient. 
The country parish must be a parish for our ablest and 
strongest. The ministry of the most Christlike must be to 
the hill-towns of Galilee as well as to Jerusalem. 

There is still another truth that the country church cannot 
afford to ignore. The rural church question is peculiarly 
interwoven witlythe industrial and social problems of the 
farm. A declining agriculture cannot foster a growing 
church. An active church can render especially strong 
service to a farm community, in its influence upon the re- 
ligious life, the home life, the educational life, the social 
life, and even upon the industrial life. Nowhere else are 
these various phases of society's activities so fully members 
one of another as in the country. The country church 
should cooperate with other rural social agencies. This 
means that the country pastor should assume a certain lead- 
ership in movements for rural progress. He is splendidly 
fitted, by the nature of his work and by his position in the 
community, to cooperate with earnest farmers for the social 



216 



AMERICAN FARMERS 



and economic, as well as the moral and spiritual, upbuilding 
of the farm community. But he must know the farm prob- 
lem. Here is an opportunity for theological seminaries: 
let them make rural sociology a required subject. And, 
better, here is a magnificent field of labor for the right kind 
of young men. The country pastorate may thus prove to 
be, as it ought to be, a place of honor and rare privilege. 
In any event, the country church, to render its proper serv- 
ice, not alone must minister to the individual soul, but must 
throw itself into the struggle for rural betterment, must help 
solve the farm problem. 

Federation of Forces. 

The suggestion that the country church should ally itself 
with other agencies of rural progress may be carried a step 
farther. Rural social forces should be federated. The 
object of such federation is to emphasize the real nature of 
the farm problem, to interest many people in its solution, and 
to secure the cooperation of the various rural social agencies 
each of which has its sphere, but also its limitations. The 
method of federation is to bring together, for conference and 
for active work, farmers, especially representatives of farm- 
ers' organizations, agricultural educators, rural school- 
teachers and supervisors, country clergymen, country 
editors, in fact, all who have a genuine interest in the farm 
problem. Thus will come clearer views of the questions at 
issue, broader plans for reform, greater incentive to action, 
and more rapid progress. 

Conclusion 

In this brief analysis of the social problems of American 
farmers it has been possible merely to outline those aspects 
of the subject that seem to be fundamental. It is hope that 
the importance of each problem has been duly emphasized, 



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SOCIAL PROBLEMS OF 217 



that the wisest methods of progress have been indicated, 
and that the relation of the various social agencies to the 
main question has been clearly brought out. Let us leave 
the subject by emphasizing once more the character of the 
ultimate farm problem. This problem may be stated more 
concretely, if not more accurately, than was done at the 
opening of the paper, by saying that the ideal of rural bet- 
terment is to preserve upon our farms the typical American 
farmer. The American farmer has been essentially a 
middle-class man. It is this type we must maintain. Agri- 
culture must be made to yield returns in wealth, in oppor- 
tunity, in contentment, in social position, sufficient to attract 
and to hold to it a class of intelligent, educated American 
citizens. This is an end vital to the preservation of Ameri- 
can democratic ideals. It is a result that will not achieve 
itself; social agencies must be invoked for its accomplish- 
ment. It demands the intelligent and earnest cooperation 
of all who love the soil and who seek America's permanent 
welfare. 



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THE RELATIONS OF THE URBAN COMMUNITY 
TO OTHER BRANCHES OF SOCIAL SCIENCE 

BY J. J ASTRO W 

(Translated by Professor Charles W. Beidenadel, Ph.D., University 

of Chicago.) 

[J. Jabtbow. Ph.D., Professor of Political Economy, University of 
Berlin; Economic Adviser of the Berlin Senior Merchants' Asso- 
ciation; Member of the Executive of the Charlottenburg Munici- 
pality, b. September 13, 1856. Universities: Breslau, Berlin, 
Gottlngen, 1874-78; Ph.D. Gottingen. 1878. Docent at the Berlin 
University, 1885. Author of Strafrechtliche Btellung der Bkla- 
ven bei Deutschen und Angelsachsen (1878) ; Qeschichte des deut- 
schen Einheitstraunxes (1884; 4th ed. 1891; prize paper); Deut' 
sche Oeschichte im Zeitalter der Hohenstaufen (1893); Dreiklas- 
sensystem (1894); Einrichtung von Arbeitsnachweisen (1898); 
Kommunale Anleihen (1900); BozialpoUtik und Verxoaltungswis- 
senschaft, Vol. i; Arbeitsmarkt und Arbeitsnachweis, Qexoerbege- 
richte und Einigungsamter (1902); Krisis auf dem Arbeits- 
markte (1903). Editor of Jahresberichte der Cteschichtstcissen- 
schaft (1881-94); Soziale Praxis (1893-97); Das Getoerbegericht 
and Der Arbeitsmarkt (since 1897).] 

If we want to gain information about the relations of the 
subject of this paper, the urban community, to kindred 
sciences, we proceed in the easiest way by considering that 
the urban community has three other communities beneath 
itself, above itself, and at its side ; beneath itself the family, 
above itself the state, and at its side the rural community. 

I 

Wherever an urban community formed itself, it found the 
already existing family ; by this fact it has been directed in its 
development. Nowhere is the urban community an original 
community grown out of individuals, but it is everywhere a 
coalition of existing social formations. The formation of a 
higher order is determined by the elements from which it has 
grown. And even to-day, after the urban community has 
long ago attained to independent activity separated from the 

219 



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220 THE URBAN COMMUNlfY 



family, the influence of that origin is still evident in the 
selection of the objects of its activity. Perhaps there is no 
country in which this dependency is more apparent than in 
Germany. 

The principal objects of activity of a German urban com- 
munity, t. e., those which bring the greater part of the citi- 
zens, either actively or passively, in contact with the com- 
munity and which characterize the urban community, are 
the school and charities. Both are an integral part of 
familiar activity. 

The school originated when a part of education, instruc- 
tion, was separated from the family and instituted for sev- 
eral families in common. The municipal school is an insti- 
tution established for the purpose of making this part of 
education common to all families of the city (or to make the 
common education possible). As long as the families paid 
school fees according to the number of the children using 
the school, the public school was a common institution of all 
participating families. Where the fees are abolished this 
connection is dissolved and a part of the familiar duties have 
been transferred to the community. But now the different 
parts of education are so closely connected that no part could 
be separated from the whole without drawing other parts 
along. Even the school libraries which furnish the pupils 
reading material in their leisure hours recognize that the 
child is, in a certain measure, under their supervision and 
care during the time in which it does not go to school. 
Since not only mental but also physical culture is the object 
of instruction, and since special stress must be laid upon this 
in accordance with the old saying, "mens sana in corpore 
satw," also the care of the body becomes a part of the 
activity of this institution. The cities begin, therefore, to 
connect baths with the institutions (Schul-brausebiider), 
and the sanitary supervision, in the hands of school physi- 



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221 



cians, is performed from the higher point of view that in a 
country with universal education this supervision gives the 
best opportunity to review the sanitary condition of the 
future generation and to prevent, at least with good advice 
and little remedies, the diseases of eyes, teeth, etc., on which 
the necessary care is not bestowed in the families, as experi- 
ence has shown. Free instruction contains the recognition 
that the community has taken up this part of education in- 
stead of the family. From this the deduction is made that 
the community must furnish not only the common means 
of instruction, but also the individual means for every child, 
not only the means of teaching, but also of learning. To a 
certain degree an agreement in this much-disputed demand 
has been reached, inasmuch as it is considered to be, under 
all circumstances, the duty of the school administration to 
provide children with school-books. There is still a contro- 
versy whether this provision shall become general or shall 
be confined to the cases of poor families (more expressly: 
whether the provision of school-books shall be general or 
subsidiary). If, according to the Latin proverb, "plenus 
vetiter non studet Hbenter," — a full stomach is not inclined 
to study,— certainly an empty one is less capable of it. The 
impossibility to instruct hungry children urges the necessity 
of feeding the pupils ; it is done as a formal school institution 
(in Switzerland, and in Norway) or in connection with 
charitable societies, as is preferred in Germany. This de- 
velopment is spreading fast. Now the needs of life urge to 
proceed from feeding of children also to clothing them (to 
furnish shoes in mountainous regions) ; now the apparently 
useless recreations which make life more enjoyable cause 
play and sport to be added to instruction; they open an infi- 
nite space for the extension of the school to activities which 
had formerly belonged to the family. In no country of the 
world is this more evident than in America. 



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222 THE URBAN COMMUNITY 

But also m other respects the activity of the urban com- 
munity of the public school draws its objects from the 
family. Formerly the family itself had been the school for 
the education of the girls ; the daughters received their edu- 
cation for their duties as mother and wife by their activity 
in the family. The more the family is dissolved by the drift 
of the women to the trades, and the more the home educa- 
tion is impaired, the more the family is in danger of losing 
that important historical connection which is founded upon 
the tradition of the mother to her daughter. Here the 
school appears as a remedy, as it offers instruction to girls 
in domestic science for their future activity in the family. 

The familiar origin of urban activity shows itself also in 
charity, in a different way but not less clearly, either in 
public institutions for the poor or in the care for the poor 
in their homes. In either case urban charity has the same 
object as the care of the family for its members. Only in 
one instance the activity of the family is entirely replaced; 
in the other it is supplemental ; this difference determines the 
two systems of the charity administration. English charity, 
a large indoor relief system, gives every one who does not 
find in the family what life demands, a compensation, but it 
demands (at least according to the rules) that the poor give 
up his family and move into the urban poorhouse ; only ex- 
ceptionally he is supported while living within the family. 
The opposite system is followed in Germany : as long as it 
is possible, the poor is permitted to remain in his abode, and 
urban charity furnishes only the necessary additional sup- 
port; only in exceptional instances, if no other way is pos- 
sible, is the poor separated from his family and sent to the 
poorhouse. But in either system familiar duties are trans- 
ferred to the city. It would be a mistake to believe that this 
development is confined to those countries in which legisla- 
tion recognizes the obligation of charity. There are no 



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RELATIONS TO SOCIAL SCIENCES 223 



longer any large cities without public charity, whether legis- 
lation urges it or not. France is considered the classical 
country of exclusively voluntary charity. But while French 
legislation has not mentioned expressly the obligation to 
establish administrations of charity, it has instituted obliga- 
tory branches of charity for a great many special cases, so 
that France surpasses, in many respects, even the countries 
with obligatory charity ; and where charity is voluntary, it 
is voluntary not only for the individuals but also for the 
communities, the largest of which have gone farthest in 
performing voluntary charitable duties. In the United 
States of America, where there is no uniform system and 
where all intermediate degrees from strictly voluntary to 
completely obligatory charity exist, the necessity of uniform 
administration appeared most urgent in the urban centres of 
population. As London has set an example by its Charities 
Directory, so did New York with the great idea of the local 
concentration of its charitable institutions. A constantly 
growing circle of private, of familiar activi^occupies itself 
with charity, by rising from the idea of removing existing 
need to the higher idea of preventive charity. Thus the 
administrations of charity either endeavor to improve sani- 
tary conditions as sources of pauperism, or they attempt 
to diminish the lack of employment and occupation by car- 
ing for finding work more easily, by erecting small houses 
at the right time in order to prevent the ill effects of ab- 
normal high rates of renting, etc. With all these aspirations 
charity does not create any new objects of its activity, but it 
selects certain activities from those of the family which are 
appropriate for the wide circle of the community. Charity 
is the intermediate stage through which a number of activi- 
ties pass in order to be taken out of the hands of the family 
and to be performed at first only under compulsion of neces- 
sity and in a provisory manner, and later to become a prob- 
lem of enormous significance. 



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224 THE URBAN COMMUNITY 



For example : To procure a dwelling is the matter of the 
family. A place of refuge for the homeless and the induce- 
ment to build little cottages when no houses are available is 
a provisory assistance through charity; the policy of land 
and of home is a great modern communal problem. 

While school and charity demonstrate, especially by the 
example of Germany, that the sphere of communal activity 
is determined by the condition that the authority finds every- 
where the family, yet a number of other urban problems rep- 
resent activity taken from the family, as water-supply and 
canalization. Often it is said that the modern technic has 
not done anything to facilitate housekeeping, since the wife 
stands even to-day at the primitive hearth and must work 
with the same primitive utensils which her great-grand- 
mothers and their ancestors had possessed. But in those 
days housekeeping comprised also carrying water into the 
house and removing the garbage. To-day it is difficult to 
imagine how in high apartment houses the burdens of house- 
keeping could be overcome, if these two functions had not 
been taken by the urban community from the family. And 
this transition was accomplished so thoroughly that it is not 
even noticed, because it does not occur any more to any one 
that the powerful accomplishments of modern technic in 
water-supply and canalization are only common activities of 
housekeeping. 

II 

As the little cell of the family exists beneath the urban 
community, so there is, above it, the great encompassing 
circle of the state. (Department 20, Section C, "National 
Administration"). Here, however, the features of a uni- 
form typical picture cannot be ascertained; but two abso- 
lutely different cases must be distinguished : First, the state, 
extended over wide areas which needs a division into pro- 



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RELATIONS TO SOCIAL SCIENCES 225 



vinces for its own purpose. Even if a subdivision is made, 
the smallest district will still be apt to contain several settle- 
ments. By mere self-division a state does not yet attain to 
formation of communities; an urban community cannot be 
spoken of, because there does not exist any local community. 
In this wise, we must think, the old division into counties 
and hundreds in entire western Europe was made in the 
epoch when the Roman-Germanic states were constituted. 
If in reality sometimes the smallest district, the hundred, 
coincided with a settlement, it was a mere accident. This 
can still be seen in countries where the constitution of the 
parish depends upon geographical division. Even the small- 
est district, the parish, comprises the parochial village with 
the filial villages. By accident the entire parish may be one 
settlement, no more nor less; but usually either the parish 
will comprise several settlements, or a large urban settlement 
will be divided into several parishes. 

The opposite extreme we find, if the community itself is 
the state. The classical example for this city-state is Athens. 
Here the commonwealth has never been anything else but 
the community of the Athenian citizens. The market-place 
where they assembled to discuss the affairs of their com- 
munity and their environs remained the centre in which the 
most important affairs of an insular empire were decided, 
whose members are considered only allies of the Athenians. 
In a great measure the same was repeated at Rome. The 
city of Rome remained the Roman commonwealth (repub- 
lica Romana). Only he who possessed citizens' rights in 
this city was a citizen of the empire. In order to appease 
the revolting Itali, who wanted to have their share in the 
government, no other means could be found than to grant 
them citizens rights in the city of Rome. And the unity of 
the empire, as it was understood since Caracalla, was only 
founded upon the fact that every inhabitant of each province 



226 THE URBAN COMMUNITY 



of the far-spread empire was simultaneously a citizen of the 
city of Rome. While city and family stood in close rela- 
tions from the very beginning, the relations between state 
and city cannot be traced on those distinctly visible lines 
which pointed out the ways to the statesman. 

The embodiment of free urban communities into a firmly 
organized state is a problem. An important part of the 
difficulties in the structure of the administrative organization 
of the different states has to deal with this one problem. 
How difficult it is to comprehend, in this regard, national 
peculiarities is shown especially by the various, partly con- 
trasting opinions which can be heard, in a foreign country, 
about the condition of the urban communities of Germany. 

Frequently one finds there the notion that a free civic 
activity does not exist at all in Germany. This conception 
was formed in consequence of certain occurrences in Ger- 
man urban life which have gained publicity and attracted 
greatest attention. These were cases in which the govern- 
ment of the state had not sanctioned the elections of mayors 
and members of the magistracy. Of foreigners who have 
spent some time in Germany, especially of Americans, one 
hears quite often the opposite opinion, that they were as- 
tonished by the great, free, and fruitful activity of citizens' 
spirit which they recommend to their own countries as an 
example. In reality, either conception is correct ; there exist 
limitations for the German cities which are unconformable 
to citizens' self-administration and, as the experience of other 
states shows, unnecessary for the purpose of a firm state 
organization. But there remains, nevertheless, a consider- 
able space for free activity, for great aims. However con- 
scious we must remain in Germany that we have to strive 
after the improvement of the position which is prescribed to 
the cities in the state, yet we are not forced, in view of this 
need of improvement, to decline the favorable judgment of 



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RELATIONS TO SOCIAL SCIENCES 227 

the foreign nations about the accomplishment and partly also 
the organization of our cities. We must not believe that 
the difficult problem of the embodiment of the free city into 
the German state organism has been solved; but we may 
probably accept the complement that a remarkable attempt is 
made in this line. The difficulties to be considered can be 
clearly seen from history. 

From the thirteenth to the sixteenth century the urban 
development of entire western Europe bears that bold feat- 
ure of autonomic expansion of culture and power which we 
have seen in the ancient "city-states" of Athens and Rome. 
The history of Italy consists almost exclusively of the his- 
tory of its urban communities. If Milan sacks Lodi and 
Como, this means that in its realm no other citizen's right 
shall exist besides the Milanese. At the time of the Cru- 
sades, Genoa and Venice founded a circle of settlements 
around the eastern part of the Mediterranean Sea which had 
their common government in the city authorities of Venice 
and Genoa. The same was the case when in Spain the 
urban community of Barcelona took an equally independent 
position by which it was enabled to establish its own mari- 
time law and to spread it among all maritime nations ; when 
the Provencal and French cities, at the time of the great 
wars with the English kings, appeared as independent pow- 
ers, and when in Germany Liibeck and its allies engaged in 
northern European politics with the supremacy over Scandi- 
navian empires. In Germany the development was furth- 
ered by the assumption that the monarch, by virtue of his 
imperial title, was at the same time the lord of the world ; 
even the recognition of their belonging to the empire did not, 
therefore, diminish their independence. This period of the 
independency of the cities was followed in Germany by an 
epoch (about from the sixteenth to the eighteenth century) 
of rising princely territorial power which forced the cities 



228 



THE URBAN COMMUNITY 



into the greater organism, justifying their despotism by their 
utility. In a third period beginning with Stein's municipal 
order (Stein's Stadteordnung) an attempt is made to re- 
animate the free forces of the citizens and to retain them 
nevertheless in connection with the state. In four years 
Prussia and Germany will celebrate the centennial anniver- 
sary of this law enacted in 1808; but we stand, nowadays, 
still in the midst of the attempt which had then only been 
begun. 

The relations between city and state go far beyond politics 
and administration ; it is only a section from the problem of 
the relations between large centres of population and the 
community of the people. As an example of the influence 
of a capital upon the entire country, always the position is 
mentioned which Paris holds in France. Not only the three 
great French revolutions have originated in Paris, but also 
literary taste, theater, painting, sculpture and architecture, 
the fashions are dictated to the country by Paris. The very 
contrary relations exist in America. The founders of the 
Union have placed the seat of the government in a city 
which should be nothing more but the seat of the federal 
authorities. And, although Washington has developed, 
contrary to the intentions of its founders, into a metropolis 
and enjoys to-day the just reputation of being one of the 
most beautiful cities of the world, yet this urban community 
has never been of much political importance in the history of 
the Union. Its inhabitants, excluded from the right of vot- 
ing, are rather bound to let themselves be ruled than to claim 
predominance. While in the position which Paris takes in 
France there is still a faint remembrance of the ancient city- 
state, Washington represents the strongest logical contrast. 
Also in the whole intellectual life of the American people 
there is no movement that has taken its issue from the 
population of Washington. 



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229 



III 

The urban community which has beneath itself the family 
and above itself the state, has at its side the rural com- 
munity. Although much has been written about the differ- 
ence between urban and rural communities, yet the simple 
truth should not be forgotten that the natural difference be- 
tween city and village is in their size. That the city is large 
and the village is small, nobody will dispute. Only in the 
question where the limit shall be drawn, the opinions differ. 
Frequently it is said that only the metropolis, cities with 
more than one hundred thousand inhabitants, are real cities. 
This opinion imparts to the word "city" a significance that; 
never before had been attached to it. If the languages of all 
peoples have formed the word "city" without thinking of a 
large city, there must be something which the smallest com- 
munities (that may still be named cities) have in common 
with the largest centres of population and which, at the same 
time, separates them from the still smaller places, the vil- 
lages. It is not difficult to find it out. One needs only 
wander from village to village, for a few weeks, and then 
arrive in a town of two to three thousand inhabitants in 
order to become aware of the difference. There one can 
find shelter only through a village's good will or be received 
hospitably by some one who only occasionally accommodates 
a transient stranger, though he is not a professional hotel- 
. keeper. Here one finds regular hotels which provide for 
the stranger. There it is difficult to find a servant who can 
do the most necessary repairing of clothing, and, in emer- 
gencies, as sickness, one is helpless. Here one finds tailors, 
shoemakers, physicians, druggists, etc. The city begins with 
the division of labor. 

In this point our subject does not only approach the sub- 
ject of industrial common life (Department 22, Section D,* 

• The program of the Congress Is not exactly followed In this arrangement 

Of the lectures.— Ed. 



230 THE URBAN COMMUNITY 



"The Industrial Group,") and economic history (Depart- 
ment 19, Section A), but also the whole large group of social 
culture (Division G). I shall add some words about the 
manifold relations of urban life to social culture. In social 
regard the city differs from the country in two points : the 
few inhabitants of a village are, generally considered, homo- 
geneous; the many inhabitants of the city are dissimilar. 
These combined factors give the urban community its im- 
portance in the cultural movement. 

In the programme of this Congress under "Social Cul- 
ture" the topics "Education" and "Religion" are discuss*!. 
Of the first group, Education (Department 23), we have 
discussed at length one of the most important points, the 
School (Section B), as an example to show how the urban 
community takes its tasks from the familiar community. 
The school is certainly not an urban, but just as well a rural 
institution ; it belongs to the urban community not because 
this is a city but a community. But no other example 
demonstrates so clearly that the solution of the cultural prob- 
lems of the community is really reached except in the urban 
communities. Also in all other points of this Department 
(23) the enormous urban influence becomes manifest. The 
educational theories originated in cities. The two great 
founders of modern pedagogy, Rousseau and Pestalozzi, 
have sprung from cities. The universities can, in their 
modern organization, be traced back, in Europe as well as 
in America, to the model established by Bologna and 
Paris, centres of urban culture. The numerous foundations 
of universities in the fourteenth and fifteenth centuries were 
made exclusively in cities; they represented the reaction 
against the older, monastic, world-shunning learnedness, as 
also only those monastic orders took hold of them, which 
in the two preceding centuries had sought their seats not in 
rural loneliness, but in the cities, and were supported there 
by the people, the beggar monks, the mendicant friars. 



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RELATIONS TO SOCIAL SCIENCES 231 



If we call the cities centres of culture, we want to ex- 
press, of course, that they shall not wish to retain their ac- 
quired possession of culture. They city acquires cultural 
treasures, but only in order to let them radiate and in order 
to begin, thereupon, the work began on new materials. Its 
educational work is a constant renunciation of acquired 
privileges. This is shown especially clearly in America in 
the history of the library movement. This movement has 
begun especially in the cities. First it was the ambition of 
each city to surpass the country by the possession of a public 
library, accessible to everybody. To-day it is the ambition 
of the cities to induce the country to follow their example. 
On my wanderings through small towns on the coast of 
Massachusetts I have visited, in each place, the public lib- 
raries, such as in no European state have been carried out 
into the villages. 

The country can, however, claim for itself a certain su- 
periority in religious culture (Department 24), much rather 
than in education. The development of Buddhism proves 
that rural solitude and contemplation are able to imprint 
their stamp upon great world religions. But Christianity 
shows the influence of urban culture. Though the origin of 
Christianity may be found in the synagogue of Capernaum, 
a little community, almost more rural than term-like, that 
was so poor that it had to accept its house of worship as the 
donation of the foreign captain, yet the work of the founder 
of this religion attained to its penetrating significance only 
when He stepped upon the soil of the city. And this fact 
lives still in tradition so powerfully that it is scarcely com- 
prehended that Christ passed but few days in Jerusalem. 
The founder of the Mohammedan religion was a merchant, 
and even in the oldest doctrines of Islam the interest in com- 
munication becomes evident. The connection of religious 
and urban culture is shown also by the fact that a sanctuary 



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232 THE URBAN COMMUNITY 



and sacred place to which the processions of many pilgrims 
are directed bears in itself the germ of an urban centre ; not 
only Mecca and Medina, but also the Parthenon and Capitol, 
the height of Zion, the medieval Rome, and the multitude 
of bishops' seats in all European countries. And even if, 
now, we want to designate the life after death with a 
worldly metaphor, we do not select any of those steads, re- 
moved from the world, which have induced lonesome men 
to contemplative meditation about the last truths, but we 
select even now the idea of an urban community and we 
speak of the "heavenly Jerusalem." 

The universal cultural significance of the urban com- 
munity is also expressed by the secondary meaning which 
the expression "urban" has in various languages. As in 
classical Latin urbanus and rusticus point out the difference 
between higher and inferior culture, so the word "urbane" 
is still used to denote refined manners, contrary to boorish 
manners. But we find also, in languages, traces of that 
mission of the city to spread culture and to gain advantages 
only in order to let others partake of them. From the city 
the word "citizen" is derived, as "burgher" from burgh 
and borough, and citoyen from cite. But after the citizens' 
rights and duties had been placed in relations of more gen- 
eral validity, they were transferred to the larger com- 
munity. 

The notion of the citizen is probably the most important 
contribution made by the urban communities to modern 
political culture. 

Literature 

My treatise occupies itself merely with the formal char- 
acter of the urban community. Only through examples 
has it been shown how its formal peculiarities find actual 
expression. To treat exhaustively this part of the subject 



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RELATIONS TO SOCIAL SCIENCES 233 



it would be necessary to discuss all branches of urban ad- 
ministration. But this is the subject of a special theme 
(Department 20, Section E, "Municipal Administration"). 
By means of the different branches of administration the 
doctrine of the urban community is connected with each 
human discipline whose object can become in some way the 
object of administration ; hence not only, as has been shown 
by an example, by means of the school administration with 
the entire pedagogical science, but likewise by means of 
the sanitary administration with medical science (Depart- 
ment 17), by means of the administration of buildings and 
ways with the entire science of engineering and architect- 
ure (Department 18; cf. the example of water-supply and 
canalization), by means of the administration of transpor- 
tation and economics with political economy (Department 
19), etc. All these connections are left to Department 20, 
Section E, which, in a certain sense, runs parallel to this 
section. But in the following review of the literature I 
shall consider it at least so much that a bridge is formed 
for the investigator. 

German literature or urban community is split in three 
literary directions, that exist side by side almost without 
mutual contact; the historical, juristic, and administrative. 

Historical literature, especially the literature on the 
origin of the German municipal constitution, is very 
copious. Into the hypotheses concerning this origin Heus- 
ler attempted to bring light by his orientating treatise. Al- 
though more than thirty years have elapsed since, this 
orientating treatise is still indispensable. (A. Heusler, 
Der Ursprung der dcutschcn Stadtmerfassung, Weimar, 
1872.) Doch muss fur den gegenwartigen Stand der 
Forschung hinzugenommen vverden : K. Hcgcl, die Entste- 
hung des deutchen St'ddtcivescns, Leipzig, 1898. The ex- 
traordinarily large literature on the development of single 



23-4 



THE URBAN COMMUNITY 



German cities is collected in the section Stddtewesen in 
Dahlmann-Waitz, Quellcnkunde der deutschen Geschichte, 
Neubearbeitung von Altmann und Bernheim, Gottingen, 
1904. The German history which describes adequately the 
influence of city and country is : K. Nitzsch, Geschichte des 
deutschen Volkes bis sum Augsburger Religionsfrieden. 
Nach dessen hinterlassenen Papieren und Vorlesungen her- 
ausgegeben von G. Mat thai, Leipzig, 1883-1885. 

The German juristic literature on municipal law is in- 
fluenced especially by the fact that the most prominent Ger- 
man thinker who made the legal relations between state 
and city the object of his studies made only occasional sci- 
entific remarks about Germany. This is Gneist, in whose 
works the investigation of English conditions is treated al- 
most exclusively. Thus the juristic literature has re- 
mained in the hands of officials. The juristic literature on 
the position of the cities within the state organism repro- 
duces especially the opinions of governmental bureaucracy 
expressed in ministerial rescripts, etc.; the municipality 
yields to these opinions now unwillingly, then uncon- 
sciously. Also he more liberal teacher of state law is un- 
der this influence. In Ronne's Preussisches Staatsrecht 
this subject is not treated by the author, but in an addi- 
tional volume: Schon, Recht der Communalverbande in 
Preussen, Leipzig, 1897. Only lately new life has been • 
brought into this state literature, as the juristic side of 
municipal constitution was regarded from the urban point 
of view. Preuss, a student of Gneist, is at present the only 
teacher of state law who follows this direction. Preuss, 
Das Stadtische Amtsrecht in Preussen, Berlin, 1902. 

The administrative and social literature starts, in Ger- 
many at present, with the numerous attempts of reform of 
different parts of urban life, which are being made in al- 
most all German cities. However, it might suffice to point 



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RELATIONS TO SOCIAL SCIENCES 235 



to the results which we owe to the great German municipal 
exposition of 1903. The administration of almost all im- 
portant cities of Germany had united for this purpose. The 
exposition was held in Dresden where, during the preced- 
ing winter, the Gchc-Stiftung established a course of lec- 
tures in which an historian, a geographer, a statistician, a 
political economist, a philosopher, etc., should each express 
his opinion about urban culture. The lectures have been 
collected and printed in the Jahrbuch der Gehe-Stiftung, 9 
Bande, Die Grosstadt, Vortrdge und Aufs'dtse von B'uchcr, 
Ratzel, v, Mayr, IVacntig, Sitnmel, Th. Petermann, D. 
Schdfer. After the close of the municipal exposition its 
president caused a large work to be compiled about each of 
the different sections; this book may be considered a 
synopsis of the latest progress in the different branches of 
German municipal administration; its author is Wuttke 
(Dresden, 1904). Finally the pamphlets which the city 
of Dresden had distributed at the exposition and in which 
the various branches of administration were described offer 
an intelligible introduction into a municipal administration 
which can serve as an example. (Fiihrer dutch das Vor- 
waltungsgcbiet der Stadt Dresden, 1903.) 

Most German municipal regulations prescribe the annual 
publication of an administrative report. The city of Ber- 
lin goes beyond the legal obligation and publishes besides 
these annual reports quinquennial statements of acknowl- 
edged excellence. Where the putting in print was not 
usual, even this has been of advantage to literature, as in 
the first edition a comprehensive review was given. In 
this way the first administrative report of the city of Essen 
contains an introduction into the development of modem 
municipal administration. (Die Vcrwaltung der Stadt 
Essen itn 19. Jahrhundert, 1 Band, Venvaltungsbericht 
crstattet von Oberbur germeister Zwcigert, Essen, 1902.) 



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236 THE URBAN COMMUNITY 



Schoeneberg, one of the quickly risen suburbs of Berlin 
which had been a rural community until lately, at the time 
of its admission to the immunities and privileges of a town, 
published an exhaustive and retrospective report of its ad- 
ministration which describes the development of a great 
urban community (1899). In connection with the bicen- 
tennial jubilee of the city of Charlottenburg, in 1905, the 
same subject will be treated, upon a broad historical basis, 
in Gundlach's work (under the press) Gcschichte der Stadt 
Charlottenburg, Berlin, 1905 ; the entire modern municipal 
administration will there be discussed. Finally I should 
like to call attention to the fact that I have taken the ex- 
amples in the first volume of my work Socialpolitik und 
Verwaltungswissenschaft, Berlin, 1902, mostly from the 
modern municipal administration of Germany and foreign 
countries. 



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THE INDUSTRIAL GROUP 



BY WERNER SOMBART 

(Traiulated from the German by W. H. Price, Harvard University.) 

[Werneb Sombabt, Special ProfeBsor of Political Economy, Univer- 
sity of Breslau, since 1890. b. Ermslehen, Saxony, January 19, 
1863. Ph.D.; Recorder of Chamber of Commerce of Bremen, 1888- 
90. Author or Socialism and Social Movements of the Nineteenth 
Century; Modern Capital; and numerous other works of note on 
political and social economy.] * 

My task is to sketch the historically peculiar circum- 
stances of life amid which the industrial proletariat lives. 
By the industrial proletariat I mean the body of wage- 
earners in the service of modern industrial capitalism. And 
I intend to point out the relation of these conditions to 
modern progress in general. This problem might be at- 
tacked in either of two ways, — first by making prominent 
those phenomena, such for instance as state interference, 
which have a peculiar significance in the establishment of 
a definite social ideal and which furnish encouragement, 
as well, for undertaking definite reforms. This is the po- 
litical point of view. 

A second method would be to correlate such of these 
phenomena as we are able to recognize as the points of de- 
parture, the occasions, or the conditions from which arise 
the movements of the laboring class itself. This is the evo- 
lutionary point of view, from which can be answered the 
question, What makes the social movement possible? In 
the language of Hegel and Marx this sort of inquiry would 
be called the dialectic method. And this is the method of 
inquiry which will be adopted here. 

In order rightly to judge the conditions of existence of 
the modern proletariat we must first of all understand what 
it has lost as compared with other groups of people, what 

287 



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238 THE INDUSTRIAL GROUP 



it no longer possesses of the conditions of living of its own 
former generations. Hence I must pay special attention 
to European conditions, which indeed are necessary to an 
understanding of all social phenomena. My discourse 
cannot be more than an introduction to a big subject. 

Estrangement from nature is the most important feat- 
ure of the proletarian existence. The contact of the coun- 
try lad with nature ceases, — the friendly relation with the 
animal world, the growing up with the elements, rain, 
storm, and inclement weather, the dependence upon the 
events of nature, the rotation of summer and winter, of 
day and night. The modern industrial wage-earner be- 
comes a characteristic representative of that artificial race 
of men now growing up in cities. Away from his natural 
environment, that is, away from home, the thousandfold 
spiritual ties and tender sentiments are lost. His home is 
the world, he is a child of the world. 

Another feature of the laborer's existence is his libera- 
tion from old institutions which confined him but restrained 
him as well. Among these was the village community 
with its customs and its usages, its festivals and fashions, 
which in part survive in the smaller towns. Propinquitas! 
But the proletariat has cosmopolitan customs and usages. 
Thanks to the development of commerce, provincial man- 
ners are abandoned. 

There was also the family group. Not only is the old 
family connection, with its far-reaching interdependence, 
giving way, but the immediate family is also losing its 
binding power because the economic basis upon which it 
rests is disappearing owing to labor away from home, night 
work, and the labor of children and women who no longer 
find satisfactory employment at home. The early employ- 
ment of children and youth makes them independent at an 
early age, and thus is weakened the discipline over children 



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LABOR AND CAPITAL 239 



by parents. To this must be added the sordidness of the 
dwelling-houses in cities, for this narrows even more the 
basis of family life. 

We must note, also, the decay of trade-associations built 
up by the medieval handicrafts, by which membership in a 
definite craft provided the individual ample internal and 
external status. Membership in a trade, however, is losing 
its hold as a result of the frequent change of occupation. 
For an individual passes with greater ease than formerly 
from one occupation to another, while the array of labor 
arrangements mobilized for a united productive activity 
has to be constantly remarshaled owing to the influence of 
the modern revolutionizing technique. The mechanical ar- 
rangement of individual operations which constitute an in- 
dustry leads to a constant change, just as surely as a per- 
sonal classification leads to the stereotyping of the industry. 

Another cause of the decay of the trade fellowship is the 
dissolution of the intimate relation of the worker and his 
work. Activity is no longer the expression of a lively hu- 
man interest, it is only the mechanical turning-off of some 
one simple process. The empirical technique of the olden 
time rested upon personal skill ; the modern technique rests 
upon objective science. The organization of industry upon 
the principle of the division of labor separates the laborer 
from his work and makes him a mere soulless piece-worker 
in the social process of production. The capitalistic organ- 
ization also separates the worker economically from his 
work. He is no longer economically interested in the re- 
sults of his work. 

The old servile rights and obligations have been de- 
destroyed. Every earlier time has recognized mutual re- 
sponsibilities with respect to the dependent man, which in- 
deed bound him, made him unfree, but gave him physical 
and moral support, protected him from hunger, and helped 



240 THE INDUSTRIAL GROUP 



him over crises in his life, such as sickness. Even the slave 
or serf had this claim upon his lord. The journeyman of 
the Middle Ages was united to his master by a close fellow- 
ship supported by the feeling of moral obligation. This 
relation is disappearing. The modern workman is a 
"free" laborer, legally free, who now stands only in a busi- 
ness relation with his employer; services are rated on both 
- sides at a money value. Therewith he is free to go hungry 
because without protection from commercial crises. He 
must win his bread from day to day and be prepared at any 
time to lose his position. In other respects his freedom is 
a mere formality; he cannot exercise it by not working; 
he can at best change masters. But this is becoming closed 
to him because capital is being monopolized in trusts. As 
soon as he succeeds in finding work, he is for the greater 
part of his life driven to the hardest drudgery in the service 
of the capitalistic undertaker. He is then less free than 
any Turkish peasant who plows with his oxen in a free 
field. 

How will, how can this "free," that is to say, uprooted 
cosmopolitan live? This is the question which presents 
itself for him as well as for all who have experienced the 
same process of emancipation. This is the question of the 
time, which receives only one definite response from the 
proletariat. The recovery of the content of life is to be 
sought in two ways, — by means of pleasure and by means 
of labor. Pleasure as one of the features of life is neces- 
sarily denied to the great mass, clearly from external 
causes, perhaps also from internal causes, because people 
are still too "sensible" to find a motive of life in pure 
pleasure, material or spiritual, i. e., in estheticism! They 
still require self-sacrifice, an object, morals. There re- 
mains clearly open only the second way, — labor. "To 
labor and not to despair," has been proclaimed as the watch- 



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LABOR AND CAPITAL 241 



word for our hollow age. And the poet sings so sweetly 

" 'T1b labor alone that helps us along 

Over this wilderness of gloomy doubt; 
It gives to each passing moment a goal 
Which our life Itself Is without." 

But how it is with the labor of the wage-earner? Often 
enough he has no work at all. The condition known as 
"being out of work" has established itself as a matter-of- 
course accompaniment of capitalism, — another novelty of 
our age. But also, by the time he finds work its power of 
yielding satisfaction has for the most part been lost. This 
is, perhaps, the most significant consequence of modern 
civilization. Labor as the sanction of life, as the director 
of energy, has ceased to round out the worker into the 
complete man and hence to make him peaceful and con- 
tented. The reason for this lies in the peculiarity of mod- 
ern technique as well as the organization of modern busi- 
ness, for the modern factory labor is in large measure de- 
structive of health, above all because it calls for too intense 
an exertion, and because of that disregard for the limits of 
human endurance which characterizes the modern technical 
development. 

Moreover, labor has frequently become a disagreeable, 
repulsive act, in the depths of the earth and amid the noise, 
dust, and heat of many modern factories. Labor has be- 
come more and more monotonous and unrhythmical, mere 
piece-work of unvarying nature in the modern great indus- 
tries built up by division of labor and consolidation. The 
laborer is now separated from his work, he creates no 
longer, he fashions no longer, he brings nothing to com- 
pletion, nothing appears as his work, nothing in which his 
labor is embodied. He is no more than a secondary wheel 
in a gigantic mechanism. 

The labor of the modern industrial wage-worker has 



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242 THE INDUSTRIAL GROUP 



thus lost all concreteness, all qualitative significance, and 
so has for him only an abstract and hence purely quanti- 
tative significance. And so it becomes a burden of which 
he seeks to be relieved as much as possible. (If we realize 
this we come to comprehend the endeavors for shortening 
the hours of labor, which give the characteristic impress 
to the modern labor movement.) And so also it comes to 
be measured in the terms of the money for which it is ex- 
changed. Thus it was that the wage-earner was involved 
in the circle of ideas of the capitalistic world. The mech- 
anism which accomplished his inclusion was the piece-wage 
system, after the pure money-wage had already accustomed 
him to value all labor power in terms of money. This 
valuation in money is imbued in him from early youth, for 
he enters "service" early, at a period of life when hitherto 
a youth lived without responsibility as a dependent mem- 
ber of a family. 

Here lie the roots of all class strife between proletariat 
and entrepreneurs, who are now at odds regarding their 
respective shares in the joint product. "The right to the 
whole produce of labor!'* The foregoing sketch of the 
peculiarities of proletarian life explains what we mean by 
the modern "social movement," wherein the proletariat 
struggles against the position into which capitalism has 
brought it. 

When we observe the proletariat setting forth to eman- 
cipate itself from its position, and see how the movement 
is carried on with the passions of hatred and envy, the con- 
viction forces itself upon us that the origin of the move- 
ment is not hopeless misery, for this is no characteristic of 
the proletariat. The cause is rather the contrast which the 
laborer observes between his own frequently pinched posi- 
tion and that superabundance of wealth in which many of 
the employing class live, wealth which the laborer has, in 



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LABOR AND CAPITAL 243 



his own opinion, produced. For in their service he wears 
himself out. And this contrast is constantly brought to 
his attention, not so much because he sees that insolent 
wealth used in display, oftentimes vain enough, — the poor 
serfs of the Middle Ages endured that sight, — but rather 
because he daily witnesses the accumulation of new for- 
tunes, whose possessors grow rich before his very eyes. 
Frederick Albert Lange accurately and forcibly expressed 
this attitude when he once said, "The spirit of jealousy 
never completely disappears while a poor man lives in the 
neighborhood of a rich man ; it may, however, be rendered 
very dull by constant relative wealth." But by fluctuating 
relations and by every occasion which makes the present 
contrasts more striking, the feeling of envy is quickened. 
To this, what we might call objective insecurity of wealth 
relations, which is characteristic of our times, and which 
the proletariat observes, is added another insecurity which 
for the laborer is a subjective one. This is the uncertainty 
as to the means of his livelihood, the fact that he does not 
know from day to day whether he is going to earn his 
bread. For an industrial depression may result in the 
wholesale discharge of laborers, and thus in widespread 
famine. 

It is this continual change which brings to a member of 
the proletariat a consciousness of his position. The in- 
creasing intellectual training, to which his life in great cities 
powerfully contributes, enables and inspires him to reflect 
upon the causes of this insecurity and upon the contrast 
between his own position and that of the rich. And then 
a secret is revealed to him, the discovery of which becomes 
the ground of justification for the modern agitations of 
the laboring class, the secret, namely, that all the circum- 
stances of his existence are not founded in unchangeable, 
natural relationships. On the contrary, they are based 



244 THE INDUSTRIAL, GROUP 



upon the peculiarities of the prevailing social and economic 
organization. "No man can assert any right against na- 
ture, but in society distress at once assumes the form of 
an injustice inflicted upon this or that class." (Hegel.) 
Thus the ground is prepared upon which a social move- 
ment may be developed, for now a point of attack is found, 
— the existing social order. 

And to the extent that social criticism of this sort be- 
comes refined and sharpened, as discontent and the desire 
for improvement become intensified, another circumstance 
which defines the position of the wage-earner becomes more 
and more intolerable. This is his dependence upon his 
employer. This dependence is no longer a legal one, as 
in the time of slavery, but is no less complete on that ac- 
count. It appears in the fact that the laborer is assigned 
to his position by the entrepeneur through stress of hunger ; 
it appears in the humiliating subordination under the com- 
mand of an entrepreneur. It often assumes a medieval 
form when the factory-owner regards himself as the "patri- 
arch" of his people and seeks to guide and determine their 
lives. It reaches out into the sphere of political right when 
the capitalist classes use their power in order to limit the 
participation of the wage-earners in the activity of the 
state. 

Apparently these are the causes of the proletarian criti- 
cism of the existing organization of society, yet we must 
attend to some other special conditions of life among the 
modern laboring classes in order to understand the peculiar 
current of ideas which we continually meet with in all 
clamors for the "emancipation" of the proletariat These 
might be distinguished on the one hand as a tendency to- 
ward communistic dreams, and on the other as a love for 
the masses. 

The love of the masses and regard for the masses fol- 



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LABOR AND CAPITAL 



245 



lows immediately from the association of each individual 
wage-earner with his thousands of fellow workers, all of 
whom are united by no other tie than their common labor 
in the service of the entrepreneur. They are grouped to- 
gether without distinction, like grains in a heap of sand, 
. and outside the factory undertake no higher social activity 
than some sort of union. What capitalism has tossed to- 
gether, in crowds, in great cities and centres of industry, 
is, as we say, an inarticulate mass of individuals who have 
completely broken with the past, who have cut themselves 
loose from all communal ties, from home, village, and 
kindred, beginning life anew with a complete destruction 
of their old ideals. The laborer's only support is the com- 
rade of his fate, who signifies as little as he, and who like 
himself does not belong to any historic community. With 
this individual he allies himself, and becomes his confed- 
erate. Hence arises a host of confederates who are dis- 
tinguished by one thing above all others, not by individual- 
ity, not by common tradition, but by their mass, their 
massiveness. Never in the history of the world have so 
many individuals stood together for united action. Never 
in history has the impetus of mass-action so characterized 
any movement as has this of the proletariat. Everywhere 
we hear "the heavy tramp of the labor battalion" with 
which Lassalle sought to frighten his opponents. And if 
we would picture to ourselves the social movement of our 
day, it invariably appears to us as an inexhaustible stream 
of men hardly one of whom stands out clearly, flowing 
over the whole land as far as the eye can see, to the farthest 
horizon where the last of them roll away into the dark- 
ness. Translated into psychological terms, it signifies that 
there has grown up in the individual a tremendous strength- 
ening of the consciousness of combined power, and a strong 
mass-ethical feeling to conflict with class-ethical doctrine. 



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246 THE INDUSTRIAL GROUP 



Membership in his class, therefore, signifies for the wage- 
earner exactly what for others membership in a noble rank, 
in a community, a city, or a state has implied. With 
pride, he proclaims, Prolctarius sum. 

The dissolution of all quantitative or individual distinc- 
tion in the mass, now viewed and, therefore, now valued 
only qualitatively, is parallel with and affects in the sanuf 
manner the development of modern technique in other di- 
rections. Only he who has familiarized himself with their 
peculiarities will be in a position to understand the im- 
portant features of the proletarian movement, and above 
all to comprehend the above-mentioned communistic ten- 
dency. 

The increasing differentiation and integration of separ- 
ate economies, their absorption into an indissoluble whole, 
on the one hand, and on the other, the progressive special- 
ization and organization of labor in the modern "great in- 
dustries" constitute what has been called the socialization 
of the process of production. This socialization has 
brought it about that a particular commodity appears no 
longer as the product of individual labor but as the joint 
product of common labor. Formerly the cobbler who 
made a pair of boots regarded himself as the fashioner of 
this particular article. The laborer in a modern shoe fac- 
tory, who pursues only a single task in the general process, 
has lost this personal relation to the particular product./ 
To-day the actual process is collective for individual ar- 
ticles, and, therefore, to the task laborer engaged in it, 
the conception of a collective organization of general pro- 
duction is no more strange. In the same way, however, 
and at the same time, the idea occurs to the laborer in the 
great city, of a common, of a communistic consumption. 
This idea is made more and more familiar to him by the 
character of his own home surroundings. 



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LABOR AND CAPITAL 



217 



The separate dwelling, which satisfies man's original in- 
stinct for privacy, loses for the poor man in his congested 
tenement more and more of its charm. Instead, he feels 
a growing liking for public places where he can satisfy 
more completely his material and immaterial needs. Work- 
ingmen's clubs, public reading-rooms, concert-halls, and 
beer-gardens become a new home for the masses in great 
cities. The aggregated advantages of the public institu- * 
tions, the public gardens and parks and museums, with 
their uninterrupted series of pleasures and delights, rise in 
the estimation of the laborers as the charm of their private 
or family life diminishes. The family itself dissolves un- 
der the influence of the excessively long day or night work 
away from home, through woman's labor, and the early 
employment of children. The result is that the proletariat 
is involuntarily led to transfer the weight of its interest 
from the individual to the social life. 

Now, however, to gain a full understanding of the mod- 
ern social movements, we must become acquainted with 
the general conditions of the time under which they oper- 
ate. Here also a few remarks are necessary. That which 
distinguishes the modern time is, above all, an alertness 
such as I can think of in no other time. A current of life 
flows through present-day society, of which no other time 
has known, and thus is made possible a stimulus between 
individual members of society, which was before incon- 
ceivable. This has been brought about by the machinery 
of commerce which capitalism has provided. The possi- 
bility of communicating across a great country within a 
few hours by means of the telegraph, the telephone, and 
the newspaper; the possibility of transferring from one 
place to another great masses of people by the modern 
facilities of transportation, has brought about an apprecia- 
tion of the solidarity of the great masses, and a sense of 



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248 



THE INDUSTRIAL GROUP 



omnipresence that to earlier times was unknown. This is 
especially true of the great towns of the present. The pos- 
sibility of great mass-movements is thus extraordinarily 
increased. And in like manner is attained that develop- 
ment within the mass which we are accustomed to call 
education. Knowledge, and with knowledge pretensions. 

Closely connected with this activity, however, is that 
phenomenon which we call the nervousness of our time, 
the lack of composure, the hurrying, the restlessness per- 
vading all the walks of life. Through the peculiarity of 
business relations in all branches not only of economic, but 
also of social life, this restless spirit prevails. The era of 
free competition is manifest in all fields. Every one vies 
with his neighbor. No one longer finds joy in life. Beau- 
tiful contemplative peace is gone. 

And finally, one more suggestion. This might be called 
revolutionism. For there never has been a time which 
has experienced such a complete subversion of every form 
of existence. Everything is in a fluid state, business, sci- 
ence, art, morals, religion. All ideas are in such a ferment 
that we are finally driven to the conclusion that there is 
nothing certain left. And this is one of the most import- 
ant criteria for the interpretation of the modern social up- 
heaval. For it explains two different things. In the first 
place it accounts for that destructive criticism of existing 
conditions which seeks to throw a bad light upon every- 
thing; which casts to the scrap-heap all former ideas in 
order to bring new ones to market. This critical spirit 
first took its rise among the bourgeoisie, who applied it to 
political, moral, religious, and esthetic relations. The pro- 
letariat is now adopting the same critical spirit, and apply- 
ing it to the whole intricate field of economic and social in- 
stitutions. 

That revolutionary spirit produces, furthermore, fanat- 



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249 



ical ideas concerning the possibility of a blissful future 
state. Since miracles have been realized before our own 
eyes, such as none could have hoped for; why not still 
more? Why not anything we wish? Thus the revolu- 
tionary present becomes the breeding-ground for the social 
Utopias of the future. Edison and Siemens are the spirit- 
ual fathers of Bellamy and Bebel. Here we have at hand 
the elements of which are constructed the "Socialism and 
Social Movements" of our time. 



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CERTAIN PSYCHOLOGICAL PHASES OF INDUS- 
TRIAL EVOLUTION 



BY RICHARD T. ELY 

[Richaed T. Ely, Ph.D., L.L.D., Professor of Political Economy, Uni- 
versity of Wisconsin, b. Ripley, New York, 1854. Graduate, Co- 
lumbia University, 1876; Fellow in Letters, Columbia University, 
1876-79; student at Universities of Halle, Heidelberg, and Geneva, 
and at Royal Statistical Bureau, Berlin, 1877-80; Ph.D., Heidel- 
berg University, 1879. Professor of Political Economy, Johns 
Hopkins University, 1881-92; Director, School of Economics, Po- 
litical Science, and History, University of Wisconsin, 1892; Sec- 
retary, American Economic Association, 1885-92; President. 
American Economic Association, 1899-1901. President, American 
Association for Labor Legislation, 1906. Editob, Macmlllan's 
Citizen's Library of Economics, Political Science and Sociology. 
Author of French and German Socialism; Taxation in American 
States and Cities; Introduction to Political Economy; Outlines 
of Economics ; Socialism and Social Reform; Social Law of Ser- 
vice; Monopolies and Trusts; Labor Movement in America; Past 
and Present of Political Economy; Problems of To-day; Social 
Aspects of Christianity; The Coming City; Studies in the Evolu- 
tion of Industrial Society; with Dr. George Ray Wicker, Elemen- 
tary Principles of Political Economy.] 

• 

A few years ago we heard a great deal about a new for- 
ward movement in economic theory that was attributed to 
a profounder study of the psychological forces at work in 
man's socio-economic activities than had previously been 
made. Professors Menger, Bohm-Bawerk, and Wieser, 
leaders in the so-called Austrian school of economists, were 
most prominent in this renaissance, and their chief service 
was a new elaboration of the theory of value based upon 
a more careful analysis of man's mental processes. But 
the distinguished German economist, Adolph Wagner, of 
the University of Berlin, who long before the Austrians 
were widely known, achieved fame, has frequently insisted 
upon a deeper study of psychological forces in our indus- 
trial life as a condition of an improvement in economic 
science, Wagner's treatment of capital affords illustration. 

251 



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252 INDUSTRIAL EVOLUTION 



An examination of psychical considerations disclosed by 
the study of economic society, he tells us, gives reason to 
believe that only under private ownership will there be a 
sufficient accumulation of capital. 

Strangely enough, with all this emphasis upon the psy- 
chology of economic life, the peculiarly psychical elements 
at work in industrial evolution have received little dis- 
tinctive attention even at the hands of scientists, while their 
existence appears to be almost unknown to those whom we 
ordinarily call the educated public. Nevertheless, it is pre- 
cisely the so-called psychological considerations which are 
decisive in the elaboration of a wise policy as well as in 
the correct scientific treatment of industrial problems. In 
other words, in my opinion we have had the smallest at- 
tention given to the psychological considerations precisely 
in that field of economics where the psychological method 
is likely to yield the richest returns. It is my purpose now 
and here simply to throw out a few suggestions which go 
to prove that we cannot understand industrial evolution 
unless we give careful consideration to psychical forces at 
the same time. These considerations, it is hoped, will 
throw some light upon a correct solution of important in- 
dustrial problems. 

The fact of the evolution of industrial society is gener- 
ally recognized, although its implications are not a part of 
our familiar knowledge. A study of the history of in- 
dustrial society reveals clearly that we have passed through 
various stages. It is not necessary when we say this that 
we commit ourselves to any particular theory of stages. 
According to the old and well-known classification man- 
kind has gradually progressed from the hunting and fish- 
ing stage to the pastoral stage, from the pastoral stage to 
the agricultural stage, and then has passed through the 
agricultural stage to the handicraft stage, and finally to the 



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PSYCHOLOGICAL PHASES OF 253 



machine stage of production. Each one of these economic 
stages has, of course, a subclassification into phases. This 
gives us simply a general line of industrial evolution and 
does not imply that every portion of the human race must 
pass through the same stages and the same phases of evolu- 
tion within the stage. It would take an undue amount of 
space to enter into a discussion of the scientific arguments 
and reasons for the position that this classification is sound. 
It seems necessary, however, on account of the limitations 
of the human mind, to divide our industrial evolution, 
which has a history of thousands of years, into periods in 
order to help us arrange our facts systematically and ac- 
cumulate knowledge. We find men in historical periods 
living in each one of these stages. Each stage has in its 
full development characteristics of its own distinguishing 
it from the preceding and likewise from the following stage, 
when we consider these also in their full development. Be- 
tween the stages at their culmination we have the transi- 
tional periods where one gradually changes into the other. 
No one will deny that the handicraft stage of the Middle 
Ages is radically different from the industrial life that we 
live now. Now, it is precisely when we consider our in- 
dustrial evolution psychologically that we find the most 
meaning in the division of our economic or industrial life — 
for the two terms here are used interchangeably — into 
stages and sub-stages, designated as phases. As we pass 
from stage to stage and from phase to phase in the stages 
we notice certain changes in those habits, mental traits, 
and characteristics which lead to success. We have a cer- 
tain psychical type of man corresponding to every phase 
in our industrial evolution. Wliere an individual has this 
psychical nature he is in harmony with his environment. 
The absence of this psychical nature results in disharmony 
and lack of adjustment. This is our first main position. 



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254 INDUSTRIAL EVOLUTION 



Our second main position is that as we advance from 
lower to higher stages a better man is required. What is 
essential in a higher stage is not a later period of time but 
a greater control gained over nature by man. The pur- 
pose of our economic activity is to gain subsistence through 
control over nature, and just in proportion as we gain 
more abundant subsistence through increased control over 
nature we may be said to advance to higher stages and 
phases in our economic life. 

Our third position is that there are those who in their 
life do not keep pace with the general industrial move- 
ment. They are left behind and, unless special measures 
are taken to prevent it, a period of rapid movement means 
a relatively large number who are unable to adjust them- 
selves to conditions. 

One fourth main position is that the movement in our 
economic life has continued for thousands of years and that 
those who are most advanced economically are separated 
psychologically by thousands of years from those living in 
the earliest conditions. They are the descendants of gen- 
erations of men who have had all this time for adjustment, 
an adjustment secured very largely by natural selection. 

If we reflect upon the change from the agricultural stage 
to the handicraft stage it will help us to understand these 
psychological features in industrial evolution. The handi- 
craft stage is one in which man gained a greater control 
over nature, first, through the larger use of tools of a 
higher kind; second, through greater wealth accumulation 
with a devotion of a larger part of this wealth, particularly 
in the form of capital, to the preparation for future needs ; 
third, through closer association with his fellows. Let us 
examine in its implications each one of these three meth- 
ods by means of which nature has, to an increasing extent, 
been subjugated. The use of more tools of a higher kind 



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PSYCHOLOGICAL PHASES OF 255 



means more complex brain operations. As we go forward 
in our industrial life an examination of the features of 
this life shows clearly that the man who is fully equal to it 
has to meet increasingly severe mental tests. Next we ob- 
serve that a greater degree of self-control is required as a 
condition of success in a higher stage of economic life. 
Wealth must be accumulated not for immediate consump- 
tion but for future consumption. This means abstinence 
and self-control. It has been found necessary to pay some 
men of a low type twice a day in order to induce them to 
continue their work. A man of an advanced economic 
type will make an effort now without the slightest thought 
of reaping the fruit of the effort inside of ten years. The 
closer association of man with his fellows is one of the 
means whereby we gain increased power over nature; and 
as our efforts in production advance associations of an 
economic character continually become larger and closer. 
This means the ability to work for others steadily and per- 
sistently in organic relations. If large success is to be 
achieved there must be power to command and a readiness 
to obey while a state of liberty is at the same time main- 
tained. 

What has been said finds an increased emphasis when 
we compare the present machine stage of production, char- 
acterized by a high degree of competition, with the earlier 
handicraft stage. Especially are alertness, adaptability, 
and quickness of adjustment conditions of large success at 
the present time. The ties of an economic character bind- 
ing us to our fellows have increased extensively and in- 
tensively with unprecedented rapidity. The term "indus- 
trial society" has only recently become familiar, and this 
is a result of these ties. As a further result we have a 
growing social self-consciousness which imposes its own 
problems upon members of an economic society, but which 



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256 INDUSTRIAL EVOLUTION 



at the same time is one of the essential conditions of our 
advanced life. 

It follows naturally enough that those who succeed in a 
lower stage are crowded down and out in a higher stage. 
It is proved conclusively by history and by present ob- 
servation of easily accessible facts. The piratical merchant 
who is a hero in an earlier stage hangs from the yardarm 
in our stage. The ancient Germans, Tacitus tells us, 
thought it a disgrace to gain by the sweat of the brow what 
could be secured by the sword. There is no room for 
doubt that many a modern bandit would, in an earlier and 
cruder stage of society, have been a hero. This is, per- 
haps, a sufficiently familiar observation, but the implica- 
tions of it are often overlooked even by scholars when they 
come to treat present economic problems. Men are in 
varying degrees mentally prepared for the present eco- 
nomic conditions which have been gradually reached dur- 
ing thousands of years. Within the nation there are those 
who, in mental traits and characteristics, are only imper- 
fectly prepared for modern economic life and must be 
treated correspondingly. Man's mental and moral make- 
up is capable only of a limited modification after the period 
of maturity, and even in the case of children heredity sets 
a limit to the possibilities of modification, although this 
limit is a far more flexible one. To take a very marked 
illustration, we have, in the United States, on the one hand, 
the Negroes, and on the other hand, the Redmen, who, 
themselves or their near ancestors, were brought up in a 
stage of industrial society separated from ours by a period 
of hundreds if not thousands of years. Is it conceivable 
that in a short period they can acquire those characteris- 
tics, such as forethought, careful planning, and awaiting 
results, which lead to success in the most advanced eco- 
nomic society? What is true of these races is true only 

- 



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PSYCHOLOGICAL PHASES OF 257 



in a less marked manner of other classes of society. We 
may lay it down as a general proposition that during the 
past century the generalization of economic progress has 
been more rapid than the generalization of psychical traits 
corresponding to the phases of industrial evolution through 
which we have been passing. We have a society which, 
broadly speaking, has become cooperative under competi- 
tion, but many men have not acquired those psychical char- 
acteristics which adapt them to a society at the same time 
cooperative and competitive. 

This point, that there is a lack of correspondence be- 
tween many men and classes of men and the particular 
phase of industrial evolution reached at a given moment is 
one to which in my opinion great importance should be at- 
tached; and I beg, therefore, to offer an illustration taken 
from the changed and changing conditions of American 
agriculture. Not that I mean thereby to imply the ab- 
sence of similar changes elsewhere. Quite the contrary. 
I take this illustration because it is familiar to me from ob- 
servation and because it is especially striking. 

Successful agriculture is becoming daily a more compli- 
cated occupation, requiring a larger and higher type of 
man as time goes on. We have more and better ma- 
chinery and less and less merely manual toil. We plant, 
cultivate, dig, and harvest by machinery. This means the 
accumulation of an increasing amount of capital, and await- 
ing results or a lengthening-out of the period between ef- 
fort and the fruition of effort; also it means the capacity 
to handle the machinery effectively. 

We have a continuous evolution from simplicity to com- 
plexity. As Professor Elwood Mead has well said in one 
of his Irrigation Reports: "The traction engine and the 
automobile have both an assured place in the economic op- 
erations of farms. Improvements in electrical transmis- 



258 INDUSTRIAL EVOLUTION 



sion render it certain that water power is to be used more 
largely than in the past. Farm buildings, instead of being 
simply storage places for grain or shelters for live-stock, 
are becoming as complex in their designs and uses as fac- 
tories." 1 

Irrigation also shows the need of a new type of man in 
agriculture. The old-type farmer was by training an in- 
dividualist. He looked to himself for success, and his 
isolation in his activities so influenced his character that his 
individualism seemed to become a part of his nature. But 
when the farmer from Old England or New England goes 
to the "Far West," where the only agriculture is irrigated 
agriculture, he must unlearn his individualism and become 
a cooperative man as a condition of success. The first 
farmers in a state like Colorado cultivate the bottom lands 
by means of simple, inexpensive ditches. Even this im- 
plies the use of more brain power, as a knowledge of the 
proper ways to apply water to secure the best result is re- 
quired. But as time goes on the ditches must be made in- 
creasingly large and expensive in order to cultivate the 
higher, so-called bench lands, which it is discovered are the 
more fertile. A single ditch means the investment of hun- 
dreds of thousands of dollars. Reservoirs are next con- 
structed so as to save the flood-waters and to equalize the 
supply of water, bringing water to crops late in the season 
when natural streams run dry. The relations of farmer to 
farmer and of farmers to others who need water for manu- 
facturing purposes or for urban purposes become daily 
more complicated, until the solution of the problem thus 
presented becomes a task worthy of the best intellects of 
our time. Now it is said that it requires a high type of 
man to succeed in agriculture in a state like Colorado, and 

Review of Irrigation I area! I gat Ion for 1902. Washington. D. C. In tha 
Annual Report of the Office of Experiment Stations, p. 368. United States De- 
partment of Agriculture. 



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PSYCHOLOGICAL PHASES OF 259 



I must say that I have never elsewhere seen farmers who, 
as a whole, impressed me as so active and alert, so much 
like capitalistic manufacturers. Those equal to the task 
set by irrigated agriculture seem to make large gains, and 
the others to be crowded down and out. At the same time 
the proper regulation of the economic relations involved 
in irrigated agriculture is a condition of the utilization of 
natural resources and also a condition of liberty, for with- 
out regulation we have the oppression of the weak and the 
tyranny of the strong. 

The American Economic Association has recently pub- 
lished a monograph by Dr. H. W. Quaintance, instructor 
in economics in the University of Missouri, that throws a 
good deal of light on the nature of agricultural develop- 
ment. It is entitled The Influence of Farm Machinery on 
Production and Labor. One fact brought out clearly is 
the newness of our present farm implements and agricul- 
tural methods. It is stated that agriculture in our colonial 
period was not markedly different from that of Egypt two 
thousand years ago. On the other hand it is shown that 
on an average for our nine principal crops, namely, barley, 
corn, cotton, hay, oats, rice, wheat, potatoes, and rye, 
nearly four-fifths of the present yield is due to the use of 
farm machinery. That is to say, farm labor is esti- 
mated to be nearly five times as effective in the pro- 
duction of these crops as it was as recently as 1850. 
With the exception of one of the nine crops, namely, 
cotton, a decrease of labor is absolute as well as rela- 
tive. But this means difficulty of adjustment along 
several lines and also increased demands upon brain 
power and moral force. It requires a far larger amount 
of capital than formerly to carry on agriculture with suc- 
cess and consequently hired laborers have been increasing 
rapidly in states like Illinois. It requires a better man to 



260 INDUSTRIAL EVOLUTION 



use machinery than to carry on agriculture by the old meth- 
ods. Consequently we find a large increase in the daily 
wages of workmen employed in the production of crops 
which require a use of machinery and a knowledge of ma- 
chinery on the part of the hired laborers. On the other 
hand it is stated that the average daily wages of agricul- 
tural laborers who are engaged in those branches of agri- 
culture which require little machinery have actually de- 
creased. 

Even more striking are recent methods in corn culture 
which are being introduced in the Central West. We have 
long heard about pedigreed stock and now we are becom- 
ing familiar with pedigreed corn (maize). A bulletin 
published by the University of Illinois in August, 1903, 
gives an analysis of corn taken from forty ears, each of 
which represents seven generations of pedigreed corn and 
each bred with reference to some particular quality. It is 
not enough to raise corn, but corn must be raised for spe- 
cial purposes in order to achieve the largest success. Stock- 
feeders want protein in corn, and by breeding it is easy to 
make a variation of 100 per cent in protein. Manufac- 
turers of starch and of glucose sugar want more starch in 
the corn. They, however, want less protein. It is stated 
in an earlier bulletin, likewise of the University of Illinois, 
that "the yield of corn can be increased and the chemical 
composition of the kernel can be changed as may be de- 
sired either to increase or decrease the protein, the oil, or 
the starch." The purpose of this reference to pedigreed 
corn is to bring out clearly the significance of economic evo- 
lution with respect to the kind of man who is going to 
achieve the greatest success in agriculture. 

The use of automobiles elsewhere than in agriculture of- 
fords further illustration of the thesis under consideration. 
Automobiles are not used so much as they would be in 



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PSYCHOLOGICAL PHASES OK 261 



retail trade because the employees are so frequently not 
equal to the higher requirements thereby set. A grocer's 
boy who can drive a horse may not always be trusted with 
the automobile. But progress is simply delayed. In the 
end those not equal to the higher requirements will be 
pressed down and out and will render existence more diffi- 
cult in the overcrowded ranks of those with the minimum 
skill and capacity. 

Let us now seek illustration in certain phases of the labor 
problem. A good illustration is afforded by a comparison 
between transportation by the steam railway and transpor- 
tation by a wagon drawn by oxen or horses. The more 
advanced kind of transportation carries with it higher 
physical and moral requirements for those engaged in it. 
Not only are temperance and sobriety requisites, but eye- 
. sight must be tested as a condition of employment for the 
locomotive-driver, whereas an inferior man may drive a 
team of horses. 

The minimum wage established so generally by trades- 
unions has a similar consequence. Those who are not 
equal to that degree of efficiency warranting this minimum 
wage are crowded out of their trade. This is a condition 
for which, in some cases at least, provision has been made 
by labor organizations, so clearly has it been recognized. 

On the other hand we have an antinomy, as we may call 
it, in the fact that this same industrial evolution has in 
consequence of the division of labor given us some employ- 
ments of a routine character exceedingly simple, apparently 
soul-deadening, and very poorly paid. These occupations 
fall to the most helpless classes in the community, recruited 
by those crowded down and out of those kinds of labor 
requiring growing efficiency. 

All this we may bring into direct connection with the 
struggle for equality of opportunity. The progressive evo- 



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2G2 INDUSTRIAL EVOLUTION 



lutionary stages of industrial society set increasingly diffi- 
cult tasks, and as a result of the unequal development of 
men we have capacities almost infinitely varied when they 
are applied to these tasks. 

The subject of contract brings before us in a new way 
the increasingly complicated nature of modern industrial 
society and enables us to see it from a new viewpoint. This 
is of particular importance in the consideration of the labor 
problem. Labor remuneration is governed by contract and 
contract determines the other conditions of employment. 
Now modern contract becomes daily a more intricate affair, 
which, for its interpretation, taxes the ingenuity of our 
ablest legal minds. On the other hand it requires a rather 
developed mind to grasp even the essential elements of con- 
tract. One of the obstacles to reform in Turkey is said to 
be the difficulty the ordinary Turk has in understanding 
the significance of time. 1 Yet the concept time is one of 
the first elements in the labor contract. Let us pause for 
a moment to consider the difficulties with which we are 
confronted when we consider contract. Contract must be 
viewed as sacred. It is a necessary foundation of our socio- 
economic order. We admire the man "that sweareth to 
his own hurt and changeth not." Thomas Jefferson wrote 
in his Bible opposite that verse and the verses accompany- 
ing it in the Psalms, "the description of a perfect gentle- 
man." And we feel that he was right. Yet in contract 
we have all the hardnesses, injustices, and cruelties of na- 
ture. It is simply a medium through which existing forces 
find expression. The individual must obey his individual 
contract; but it is apparent that there must be a higher 
power, a public power, controlling, regulating contract, for- 
bidding some contracts, determining the conditions of 

» North American Review, August, 1904, "ObiUclea to Reform In Turkey." 
by Charles MorawlU. 



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PSYCHOLOGICAL PHASES OF 263 



others, and in extreme cases dispensing from the obliga- 
tion of contract, as the courts in Germany may do in the 
case of usury. Public authority must be the binding and 
loosing power. Let us again seek an illustration in irri- 
gation. From the Platte River system in Colorado, 
Wyoming, and Nebraska more than two thousand ditches 
take water. The absurdity of the idea that voluntary 
agreement expressed in unregulated private contract can 
divide up this water satisfactorily becomes apparent on a 
few moments' reflection to one who knows even the pri- 
mary elements of the problem involved. 1 

If space were sufficient it would be interesting to consider 
at some length those who are left behind by industrial evo- 
lution and the problem that they present. We have those 
who make up the element in our population that has been 
called the submerged tenth. These must be carried as 
painlessly as possible for themselves but without injury to 
society. Criminals are included in this submerged tenth. 
It is now generally conceded by criminologists that they 
should be shut up during criminality and that the aim in 
their incarceration should be reformation. It is also clearly 
perceived that we must define our terms and not place 
among the criminal class those who by nature do not be- 
long to it. No one can say how large the class of natural 
criminals is, but it us much smaller than has been fre- 
quently supposed. When we look at the facts of the case 
we discover that in our bungling we have been making 
criminals of men. It is as true as it is trite to say that the 
ordinary county jail is a school of crime. Through juvenile 
courts and modern methods we know how to reduce the 
number of criminals. 

We may consider also the feeble-minded who require 

i Blwood Mead s 'Review of Irrigation InTertlgntfon." In the Annual Report 
of Experiment Station* for 1902, pp. 374, 375, United State* Department of 
Agriculture. 



264 INDUSTRIAL EVOLUTION 



custodial care and those educational methods that will give 
them the highest development possible. At the same time 
they must be confined to prevent reproduction. 

We have the insane who are not equal to the strain of 
modern life. Thus we could continue. We have a per- 
manent condition in those left behind in the transition from 
stage to stage and from phase to phase. The only way 
that this can be prevented is through the control of repro- 
duction of human species. Something can be done in this 
direction and is being done, as for example, in Wisconsin, 
where the feeble-minded are confined, and as in Connecticut, 
which has the most advanced legislation in this country on 
the subject of marriage. 

The main industrial problem is found in the conditions 
of the great mass of men who are capable of development, 
but require help to help themselves in order that they may 
become equal to modern industrial conditions. 

We have, as we advance, and with every stage in our 
advancement, an increased expensiveness of adjustment on 
account of the greater demands on the individual in the 
more complex society. This is part of the price of indus- 
trial progress, and the wealth to pay this price is furnished 
in the very increased productivity which causes the higher 
price. 

The great problem then is the creation of institutions in - 
accordance with the needs of the different elements in the 
community, if we arrange these into classes to correspond 
to their mental and moral characteristics. We have as a - 
matter of fact been creating such institutions during the 
past one hundred years. All civilized lands have been en- 
gaged in this activity and they have created institutions to 
serve the purposes of classes of men with widely varied 
needs and capacities even in opposition to preconceived and 
generally accepted theories. This has been particularly 



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PSYCHOLOGICAL PHASES OF 265 



the case in the United States. I believe that this is an ex- 
planation which throws new light on social progress. The 
movement is destined to continue as it is an inevitable out- 
come of that mighty struggle for equality of opportunity 
which is shaping human history. 

We also have this economic problem when we come to 
deal with those of other nations as we do in this era of ex- 
pansion. It is a problem, for example, to what extent land- 
ed property in severalty, with its free sale and purchase, is 
adapted to those tribes of people who have not acquired the 
type of mind which has been gradually evolved by the most 
civilized nations during the course of their history. Let us 
once more take the case of the North American Indian. If 
this line of argument is valid, is it possible that in a few 
short years he should become adapted to that form of prop- 
erty which the most highly developed people in the world 
have reached as a result of an evolution of hundreds and 
thousands of years? If the problem is to change the nature 
of the Indian, must we not shape our institutions to his con- 
ditions and allow him generations to adapt himself to the 
most modern institutions? If this line of argument is true, 
we must expect that the results of property in land in sever- 
alty among the Indians will be that they will lose their land. 
To prevent alienation of the land allotted to the Indians for 
the period of twenty years seems absurd, as the real problem 
is a change of Indian nature. 

Continuing this line of thought, that we must provide 
institutions adapted to the needs of the various classes in the 
community, we come to the problem of insurance. The 
gifted and capable can make their way and do make their 
way in competitive society based upon private property if 
they do not meet with accidents. It is absolutely impossible 
that the ordinary man should prepare for all the contingen- 
cies of modern industry. Accidents may befall the worker 



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266 INDUSTRIAL EVOLUTION 



just at the initial period of activity, and they may come in 
middle life. It is beyond possibility for the ordinary man 
with ordinary wages to make adequate provision therefor 
through his own unaided efforts. The solution of the prob- 
lem of contingencies is found in insurance, which is making 
such rapid headway throughout the world and in which Ger- 
many has left all the rest of the world so far behind. There 
is no greater labor problem than that of insurance. This 
can be provided by government or by private individuals. 
In the United States great private corporations are doing 
something in this direction. There are obvious limitations 
to what can be accomplished by private effort. A great pro- 
portion of the wage-earners must always be employed by 
private individuals or by firms and corporations not suf- 
ficiently powerful and stable to furnish satisfactory insur- 
ance. Apart from this, there arises the question, To what 
extent may a really desirable freedom of movement be im- 
peded if employment and insurance are furnished by the 
same persons ? 

I think it is now generally conceded that the risks of in- 
dustry should be borne as a part of the cost of production, 
and this must be secured by general measures. England 
has, perhaps, gone as far as possible through employers' 
liability. The investigations of the Industrial Commission 
of the United States show that, to a very great extent, the , 
blame for accidents cannot be laid either on the employer or 
on the employee, as accidents are a natural outcome of pro- 1 
duction. In many cases there is blame, especially when the 
best safety appliances are not provided, but the establishment 
of blame does not bring with it a remedy for the economic 
incapacity of the individual wage-earner. Much govern- 
mental activity in the way of supervision is required to make 
the industry bear the burden of the accidents and contin- 
gencies which befall the workers and to make indemnity 
certain. 



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PSYCHOLOGICAL PHASES OF 267 



The question of pensions is closely connected with that of 
insurance. When old age is reached we have also reached 
an appropriate period of rest. Competition has done its 
work and society has no further economic services to expect 
from the individual. The problem is to provide for those 
who have reached old age without weakening the springs of 
right economic activity in others. 

Returning once more to competition, the trite phrase, a 
high ethical level of competition, suggests a large number of 
problems and appropriate methods for their solution. 
Society determines what we may call the rules of the game 
and does so in accordance with its ideals, which gradually 
become clearer as social self-consciousness becomes more 
pronounced. When we determine that no child under four- 
teen shall be employed in a manufacturing establishment we 
do not lessen competition, but we simply determine one of 
its conditions. We make one of the rules of the game. 
That is what we do in all our labor laws, in our pure-food 
laws, etc. 

This suggests in the United States the subject of inter- 
state competition and, for the world as a whole, the subject 
of international competition and its bearing upon the general 
level of competition. Just as we cannot in local matters 
rely upon voluntary effort, because we have the problem of 
the twentieth man who, through the force of competition, 
tends to drag others down to his own mean ethical level, 
so it would seem that in one state or nation we cannot rely 
upon other states and nations to establish as high a level of 
competition as we might desire. This object has been agi- 
tated more or less for three quarters of a century, but so far 
little that is very tangible has been reached. An Inter- 
national Labor Conference was called by Switzerland fif- 
teen years ago, but Switzerland gave way to the German 
Emperor, William II, and a congress was held in Berlin, 



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268 INDUSTRIAL EVOLUTION 



March 15 to 29, 1890. But the first international treaty 
designed to protect labor is that between Italy and France 
dated April 15, 1904. A beginning has been made and 
that is all that we can say. Fortunately up to the present 
time it has not been clearly demonstrated that any nation or 
even a state within a nation has suffered on account of a 
high level of competition. Success in competition depends 
upon the kind of man who is engaged in industrial pursuits, 
and a high level of competition naturally means a larger and 
better man, and consequently an ability to maintain one's 
own in competition. Generally speaking it is those nations 
and those parts of nations which have done the most for the 
workers that are most dreaded in competition. It must be 
admitted, however, that as we draw closer and closer to- 
gether in our economic life and as world economy gains 
relatively upon national economy, the problem of inter- 
national economic legislation, particularly international 
labor legislation, gains in importance. 

The presence of monopoly in modern industry is one of 
the facts revealed by a survey of industrial history; mon- 
opoly has existed in the past in all civilized countries as well 
as in the present. In a study of the industrial history of 
England we come upon the words "monopoly" and "exclus- 
ive privilege" on almost every page of that history. The 
ceaseless iteration of the terms becomes almost wearisome. 
So far as monopoly itself is concerned, meaning thereby 
exclusive control over some portion of the industrial field, 
we have no new thing. The character of monopoly has 
simply changed with the progress of industrial evolution. 
The significant monopolies of our own time are those which 
are extra-legal. They have not grown up as a result of the 
intention of the lawmakers nor indeed have they come as a 
result of any conscious desire on the part of society as a 
whole. Certain industries have shown monopolistic tend- 



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PSYCHOLOGICAL PHASES OF 269 



encies by virtue of their inherent properties, and there is an 
increasing tendency in civilized countries to recognize this 
fact and to make these pursuits, the so-called natural mo- 
nopolies, also legal monopolies in order to prevent waste and 
to secure certain gains resulting from monopolistic methods. 
It is recognized by the common law of England and America 
and, I think I may say, by what corresponds to our common 
law in other countries, that private monopoly uncontrolled 
is a menace to public weal, inasmuch as it removes the 
benefits of competition and creates special privileges. 
Monopoly due to external conditions is not like those extra 
gains coming to one as a result of peculiar excellence and 
which are suitable rewards for social service. The 
monopoly due to external conditions or to facts and forces 
external to the individual tends, so far as we can judge 
from history, to repress initiative and invention on the part 
of the individual. Consequently, the extra gain from 
monopoly is a gain not for social service but for social dis- 
service. We have rewards either without service or with- 
out adequate service. We have then a special privilege 
which is hostile to the general interest and particularly to the 
wage-earning classes. The problem then before us is a 
problem of control of monopoly in such a way that we may 
remove the oppression of laborers and of others and retain 
equality of opportunity. This control may be secured either 
through direct ownership and management of the monopol- 
istic industry or through regulation. We find both methods 
resorted to. In the case of industries of a routine character 
which can be carried on in accordance with certain general 
principles, public ownership seems on the whole to secure 
better results. It is in accordance with the principles of 
property to give control, and when we have private owner- 
ship and public control we are attempting to unite two an- 
tagonistic principles. This is an industrial problem which 



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I 



270 INDUSTRIAL EVOLUTION 

carries with it a great many subordinate problems. It is 
enough at this time and place to point out the nature of the 
problem. 

Closely connected with the foregoing is a compact organ- 
ization, (a) of capital, (b) of labor, also revealed to us by 
a general survey of industrial history and present economic 
industrial life. This survey reveals to us, and in my mind 
demonstrates the futility of efforts to suppress the large 
organization of capital and the large organization of labor. 
The only right method can then be to guide and direct both 
kinds of organizations in such a way that they may sub- 
serve the public interest. 

What has been said in regard to industrial problems is 
general in its nature and designed to be merely suggestive. 
It presents specific problems of industrial society as problems 
produced by industrial evolution and also as problems which 
are largely psychical in their nature. The laws and institu- 
tions demanded are those which are required to meet the 
needs of the various classes in the community which are al- 
most infinitely varied with respect to acquisitions, achieve- 
ments, and capacities. We present one side of the problem 
when we say that we must create institutions to answer 
the needs of the various classes in the community. We 
present a different side of the problem when we say that we 
must attempt to adjust all members of society by educational 
processes to their physical and more particularly their social 
and economic environment in its highest manifestation. 
This gives us the dynamic side of our problem. We must 
not simply attempt to meet the needs of a class with a low 
average of mental traits and moral characteristics, but we 
must attempt so far as possible to raise each class to the 
highest level. We have thus indicated the two great lines 
of movement of modern nations in their attempts to solve 
the industrial problems of the present age. 



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THE DEFINITION OF A SOCIAL POLICY RELAT- 
ING TO THE DEPENDENT GROUP 

BY CHARLES RICHMOND HENDERSON 

[Chabixs Richmond Henderson, Professor of Sociology, University 
of Chicago, and Head of Department of Ecclesiastical Sociology 
in the Divinity School, b. Covington, Indiana, December 17, 
1848. A.B. University of Chicago, 1870; A.M. ibid. 1873; B.D. 
Baptist Union Theological Seminary, 1873; D.D. told, 1885; Ph.D. 
Leipzig, 1901. Pastor, Terre Haute, Indiana, and Detroit, Michi- 
gan, 1873-92; Professor, University of Chicago since 1892. Mem- 
ber of American Economic Association; Academy of Political and 
Social Science; Membre de la Societe" generate de prisons; Presi- 
dent of National Conference of Charities and Corrections, 1899; 
President of National Prison Association, 1902; Membre du 
Comit6 International institu par le Congres de 1900 pour la 
preparation du Congres de 1905; Member of Executive Commit- 
tee, Bureau of Charities, Chicago; President of National Chil- 
dren's Home Society. Authob or Social /Settlement*; 8ocial 
Spirit in America; Social Elements; Modern Methods of Charity; 
Modern Prison Systems; Introduction to the Study of the De- 
pendent, Defective, and Delinquent Classes; and other works on 
sociology; also associate editor of American Journal of Sociology, 
and others.] 

The subject of the social treatment of dependents has 
been approached through several different disciplines, ac- 
cording to the previous training and bias of the investigator 
and writer. The economists have dealt with the topic as a 
problem of finance, of public expenditure, and of production, 
wages, and the distribution of the product of industry. 
Since the money spent in public relief must be raised by tax- 
ation, and since the method of giving relief affects the 
efficiency of labor and the rate of wages, the economists 
were right in giving serious attention to this matter. 1 The 
Poor-Law has naturally been treated by legal writers be- 
cause it was a vital part of the system of control by govern- 
ments in all modern countries, especially in northern Europe 

« Here may be mentioned, among many. Malthus. Chalmars, J. 8. Mill, Paw- 
c*tt, Roocbor. 

271 



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272 THE DEPENDENT GROUP 



and the English colonies and their offspring. The "police 
power" of the state covers this function. 1 

The older "moral philosophy" or "moral science" sought 
to answer the question : "What is our duty to the very poor, 
and how can we best fulfill that duty?" In reality that is 
one problem of what may be called a branch of social science, 
differentiated as "social technology."' For the steps that 
. we take in accumulating facts about the dependent group, in 
the classification of sub-groups, in the determination of 
causes, in the statistical measurement of misery, and in 
the definition of social aims, all culminate and find their 
supreme value in their contribution to the solution of this 
question : "What is our duty to the helpless poor and how 
may we best fulfill that duty?" 

When we come to deal with special classes of dependents 
we encounter a series of professional disciplines and arts. 
For example, the care of the insane is a branch of the 
medical art, and only alienists who devote their lives to this 
department are trusted to speak with highest authority. 
This is also true of the public care of epileptics. The care 
of the feeble-minded, idiots, and imbeciles is chiefly a mat- 
ter of a pedagogical specialty, although medicine and surg- 
ery lend important aid, as in physical culture, the thyroid 
treatment, etc. The care of normal dependent children is 
best determined by considerations of general education, and 
here we are brought into the field of the teacher and to the 
problems of domestic institutions. 

It thus appears that the study of the social treatment of 
dependents makes drafts on almost all the funds of human 
knowledge, uses all the methods and results of investigation, 
and employs in turn all the great institutional agencies of 
the community. 

_ 1 Bee E. Freund, Police Power, 1904. 
* My article, American Journal of Sociology, January. 190L 



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SOCIAL POLICY TOWARDS 273 



This essay does not profess to announce for the first 
time any new discoveries or results of special original in- 
vestigations as yet unpublished, but rather to mark the 
present stage of knowledge on the matter before us, and to 
indicate some of the points on the frontier of experiment 
and research where further data are needed. If, in thus re- 
stating the subject, some slight increment to science may be 
added, it will be incidental to the main purpose of the 
exposition. 

Any attempt to describe the system of charity even in one 
country would result in a dry, tedious, and disappointing 
sketch. The essential features of modern methods fill a 
large volume, and detailed accounts require many volumes.* 

It would seem expedient to select a theme which will lead 
us to consider the most recent and successful endeavor of 
students of social science, (1) to construct a special dis- 
cipline which is clearly marked off by its subject-matter and 
is deserving of independent and systematic treatment; and 
(2) to consider a method of taking up particular problems 
of practice, so as to guide experiment into the most economi- 
cal and promising paths. 

I 

A social policy is not aimless and irrational, but moves 
toward an end, seeks to realise a good. Soon or late social 
science, in the course of its development and specialization, 
must encounter the problem of values and standards which 
does not complicate the studies of inorganic nature, as chem- 
istry, physics, and astronomy, and only incidentally biology. 
Thus, for example, we are forming judgments as to the best 
methods of dealing with dependents. What do we mean by 
"best" ? We are really thinking of the welfare of depend- 

* Modern Method* of Charity Syttemt, by the writer and others, MacmUlan 
Company. 1904. 



274 THE DEPENDENT GROUP 



ents and of the people of the community of which they are 
members. Many specific ends we have in mind, as the 
restoration of the sick and the insane to health, or the miti- 
gation of distress when cure is impossible; the improvement 
of the touch, hearing, sight, and skill of the feeble-minded ; 
the proper nutrition and development of neglected infants; 
peaceful and quiet existence for aged men and women in 
almshouses ; and many more such purposes. We give social 
honor and praise to the rich men who endow hospitals, and 
to the physicians and nurses who faithfully give their lives 
to the sick. It is evident that modern societies act as if they 
knew that such ends are rational and worthy. 

But there is both theoretical and practical interest in the 
wider scientific problem: What is the general social end? 
For we neither know the full extent of social obligation 
nor the relative value of a particular object or institution 
until we see the specific action in its place in a comprehensive 
system of ends. Our theory is incomplete and our system 
of agencies falls short, and our devices are either super- 
fluous and exaggerated, or halting and inadequate, until our 
definition of the ultimate purpose of social action and con- 
duct is clear and rationally justified. 1 

Since we cannot, here at least, critically follow this argu- 
ment to a satisfactory conclusion, we may assume what 
society actually takes for granted, and what we find im- 
plied in all social institutions, laws, societies, movements, 
governments, that health, sanity, intelligence, morality, 
beauty, etc., are desirable for every human being. 

The standard by which we judge a social policy must be a 
multiple standard, like the compensating pendulum of a re- 
liable clock. The standard here assumed as valid includes 
the following ideas: (1) Welfare, well-being, analyzed 
into its various unanalyzable elements of health, wealth, 

i Sec SUoifflltr, WirthicKaft und Recht. 



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A hfi.isr or u\ a.!.' s 

lland-!<ji>i!cd Photogravure from the fahitinz by (ixsUr R. C. Houhujer. 

The name (>f T.ueullii- is proverbial tor extravagance and luxury. A 
single feast cost him $IO,ooo. The painting, reproduced here, depict- a 
Summer Repast at the house of Luculhis in Tusc.ulum. I he artist, M. 
HoulaiiKer, \vn- awarded the medal of honor when this painting was exhibited 
at the Paris Salon in 187S. 



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SOCIAL POLICY TOWARDS 275 



knowledge, beauty, sociability, ethical Tightness, and re- 
ligious faith, is the most general conception involved 
(analysis of A. W. Small). (2) The welfare of all men, 
not of a limited class, must be the ideal, the regulative 
principle. Neither the political will of a democratic age 
nor the authority of an ethical philosophy countenances any 
standard for social conduct which is not universal, purely 
human. Persons cannot ethically be treated as means to 
ends outside themselves. No policy which is partial to a 
family, a dynasty, an order, a church, a class, at the ex- 
pense of others, can be defended. (3) Therefore our 
standard is set up for the defense of the helpless child, the 
undeveloped, the tardy, the incapable ; not because of what 
they can now do for society, but because they are human 
and have potential capacity for future development. (4) 
The analysis of social ends shows that we include all quali- 
ties and kinds of the humanly desirable. As a nature-ob- 
ject every person must have a certain minimum of food 
and shelter, and, normally, the race-interest asks for pro- 
vision for propagation, maintenance, and protection of 
healthy offspring. Hence the demand of our standard 
that all capable human beings have a chance to work and 
produce wealth, material objects of desire. As a psychical 
person, one who must find his own way in a knowable 
world, each human being must be taught what he can learn 
of the knowledge possessed by his community, and his 
power to learn must be developed. Culture must be many- 
sided, even in an asylum for idiots or a prison for the 
criminal. (5) Scientific social ethics transcends merely 
qualitative analysis of social elements of welfare, and is 
ambitious to employ mathematics as far as possible in the 
accurate and quantitative measurement of its standard. 
Our age is trying to define at least a minimum standard of 
life for all citizens. This process has already gone farther 



276 THE DEPENDENT GROUP 



than many citizens are aware. The standardising of 
weights and measures is a recent addition to the functions 
and offices of our federal government at Washington, and 
it marks an advance in the technical arts. At many points 1 
we are seeking to standardize the conditions of welfare of 
human beings. Naturally we are here concerned with a 
minimum standard; if we can discover and fix this measure, 
the more capable, aspiring, and energetic members of so- 
ciety may safely be left free to enjoy all above that level 
which they can justly acquire and rationally use. 

At this hour no rational (scientific) standard for the 
minimum income of wage-earners has been generally ac- 
cepted. (1) The rough rule of average employers is "the 
law of supply and demand;" which law actually leads to 
the destruction of human life on a gigantic scale for the 
sake of profits. It has no final social justification. (2) 
The gradation of wages according to the rate of profits 
is not rational nor equitable. The fluctuations and in- 
equalities under such a rule would be unendurable. 2 (3) 
The rule of the "sliding scale," which means that the rate 
of wages fluctuates with the price of the commodity pro- 
duced, has no ultimate basis in reason, and does not pro- 
vide a socially acceptable minimum rate. (4) The rule of 
the strongest, in the fight between trade-unions and em- 
ployers' combinations, which gives the advantage to the 
party which holds out longest, is simply a barbarous make- 
shift, with a rational standard far in the dim background. 
And where unions and combinations do agree the result 
is simply more hardship for the consumers, and bears with 
greatest weight on the very poor. (5) The only rational 
starting-point is a minimum standard below which public 
morality expressed in sentiment, custom, trade-union regu- 

1 See C. R. Henderson, Practical Sociology in the Service of Social Bthict, 
"Decennial Publications of the University of Chicago," 1902. 

»The Outlook, August, 1904, articles by Messrs. Hand and Poole. 



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SOCIAL POLICY TOWARDS 277 



lotions, moral maxims, and law, will not permit ivorkers to 
be employed for wages. 

As I have elsewhere discussed this minimum in relation 
to the industrial group, it remains only to indicate the con- 
tribution which charity work has made to the discussion 
of a standard. The dietaries of asylums, orphanages, hos- 
pitals, and prisons are the outcome of a long series of ex- 
periments in chemical and physiological laboratories, in 
army and navy, in camp and mine, as well as in these in- 
stitutions of charity and correction. 

One field for the adoption of a standardized minimum 
remains to be cultivated, that of adequate outdoor relief 
to needy families in their homes. The stupid complacency 
with which only too many public officials and private 
benevolent societies pretend to relieve the destitute, while 
leaving many of them still partly to depend on begging, 
theft, or vice, is a sad commentary on the state of knowl- 
edge in this region. One result of this unscientific guess- 
work, where measurement is already possible, is that much 
public money is spent on the burial of pauper children 
which should have gone to feed and nourish them into vig- 
orous producers of wealth. 

Charity, in American cities, is far behind its task. It 
does not even have knowledge of those who need its aid. 
Under the "Elberfeld" system there are friends of the de- 
pendent in every small district of the city, and the individ- 
uals on the border of suffering can easily find their way 
to a helper. In America the public funds are frequently 
accessible only in one central office, and even when there 
is outdoor relief it is limited in amount. 

There are many people in comfortable circumstances, and 
many charity workers, who think that our American charity 
is very nearly adequate. This optimism, I believe, is not 
based on facts, and is positively a barrier to necessary im- 



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278 THE DEPENDENT GROUP 



provements. My own conviction is based on long personal 
observation and on certain professional testimonies and 
statistical data. For example: Physicians who practice 
among the poor frequently report sickness and mortality 
which arise from "starvation diseases." Teachers of pub- 
lic schools in poor quarters make similar statements. The 
London and Chicago measurements of children in reforma- 
tory schools show an enormous ratio of dwarfed, underfed 
children. The reports of boards of health in American 
cities contain evidence of the same conditions. 

A very common answer of some charity societies to this 
charge is that they are able to give relief to all applicants. 
But, with these facts before us, the answer is not decisive. 
People by the tens of thousands are trying to exist and 
bring up children in homes which are unfit for human hab- 
itation, and on food which is insufficient to meet the mini- 
mum requirements of growth. They do this because they 
either do not know where to apply for help, or because 
they know that, unless actually ready to perish, they will 
be treated as able-bodied and "not needing relief," or be- 
cause they prefer to suffer from hunger and cold and dis- 
ease rather than ask alms. 

I do not claim that charity should attempt to relieve all 
distress. No doubt the idleness and vices of men produce 
much misery which philanthropy cannot reach. No doubt 
moral reformation and schemes of thrift, insurance, educa- 
tion, and general sanitation will in time remove many of 
the causes of this distress. But what I urge is that we do 
not now realize the actual enormity of suffering from pov- 
erty, that our methods of finding out are very inadequate, 
and that our optimism is as cruel as it is unscientific. So 
long as many influential charity workers are teaching rich 
and well-to-do people that we are almost at our goal we 
shall never awaken the public to put forth the necessary 



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SOCIAL POLICY TOWARDS 279 



effort to cope with the overwhelming evils of extreme need 
in our industrial centres. 1 

The present efforts of the permanent Census Bureau of 
the nation, supported by the National Conference of 
Charities and Correction, by the National Prison Associa- 
tion, and by all experts, to collect continuous and reliable 
statistics relating to paupers and criminals, should be sup- 
ported by all citizens. It is to be hoped that funds will be 
furnished to professors and students in university depart- 
ments of social science for investigations in this field. 

It might be thought that the elements of welfare in the 
higher regions of intellectual, esthetic, and moral culture 
are too refined, indefinite, and ethereal to be standardized. 
But all countries which have compulsory school attend- 
ance, at least up to a certain age, declare thereby that they 
have adopted a minimum standard of education; and they 
compel competitive exploitation of youth to await for ma- 
turity of body and mind. Child-labor laws are themselves 
the definite legal expression of a mathematical measure- 
ment of a social duty. 

The trade-union world is stating its minimum standard 
more and more definitely, and insisting on it with courage 
and constancy, though sometimes also with acts of lawless- 
ness and atrocity which show disregard of community wel- 
fare. This minimum standard includes such factors as the 
eight-hour day, the sanitary work-place, protected ma- 
chinery, the age of beginning apprenticeship, and a mini- 
mum rate of wages for each branch of industry. The ef- 
fect of the successful and general application of this stand- 

1 One illustration of an attempt to fix a minimum standard mar here b« 
Riven: "Dr. Frankel. of the United Hebrew Charities of New York, in a study 
of income and expenditure of a family Just above the line of dependency, shows 
the disbursements for one month to have been about $32. the receipts Trom all 
sources (Including $5 from lodgers) during the same period were from $33 to 
$35." Solomon C. Lowenatefn In Jrtrtth Charity, June. 1904. p. 210. See also, 
Charles Booth. Life and Labor; Rountree, Poverty: a Study of Town Life; 
B. T. Devine. Principle* of Relief. Dr. Dcvine's book was not yet published 
when this paper was written. 



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280 THE DEPENDENT GROUP 



ard upon the incapable and the feeble deserves our atten- 
tion; but the enforcement of the minimum, being a com- 
munity interest, should not be left to trade-unions, but 
should be, as far as possible, a matter of law and govern- 
mental action. 

In the maintenance of this minimum standard we are 
compelled to face the problem of immigration of foreign- 
ers whose standard of living is below this minimum. So 
long as hordes of this class are permitted to come freely to 
America, to live herded in unfit habitations, and to com- 
pete for places with our naturalized citizens who have al- 
ready won an advance, the case is hopeless for our own 
people. 

Uncritical and traditional requirements of ethics produce 
an unreasoning sentimentalism which wreaks injury upon 
the race. The ethical demands of the future will become 
more exact, more capable of explanation and justification, 
because they will rest both upon inherited instincts of sym- 
pathy and also upon calculations of the consequences of 
methods on social welfare in our own and coming ages. 
Many of the moral standards of our times need to be pro- 
foundly modified by this process of scientific testing and 
experimentation. 

II 

The general form of our present problem is this : What 
is the best system and method of promoting the welfare 
of the dependent group considered as a vital part of the 
entire community? It is chiefly a problem of technique. 
This technique is a mode of action by a community. It is 
known and has its reasons in relation to the rational order 
of society. It can be taught and learned, for it is taught 
and learned. Hence it is a subject of science and has won 
proper recognition as a topic in this Scientific Congress. 



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SOCIAL POLICY TOWARDS 281 



This technique is learned originally as other scientific con- 
clusions are reached, — by systematic observation of social 
phenomena, by induction from facts, by performing ex- 
periments with methods under varied conditions, by invent- 
ing working hypotheses and putting them to the test of 
reality. 

We are students of causes in a rational system of life; 
only we are trying to discover forces and conditions which 
will bring about a desired result, and we are not merely 
trying to explain a fact completed. We set before us not 
merely an effect to be accounted for, but a state of society 
and of persons which we desire and will to produce, on 
the ground that we represent it to ourselves as desirable. 
We are mentally adjusting a system of means to good ends, 
and not merely looking for the process by which what 
actually exists once came to be. One of these processes is 
just as truly scientific as the other, although the difficulty 
of prevision and provision is greater than that of explain- 
ing the past. 

Ill 

Elements in a Social Policy relating to the Dependent 

Group 

(1) We need to distinguish as sharply as possible, both 
in social thought and action, the members of this group 
from those who belong to the industrial group. Perhaps 
one of the most disastrous forms of mental confusion is 
that of confounding these two groups and so treating them 
alike. The dependents have long been played off against 
the wage-earners, and are even now frequently used to 
lower the standard of living of the competent so as to re- 
duce many of the self-supporting to beggary, shame, and 
demoralization, with a long train of vicious consequences 



■ 



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THE DEPENDENT GROUP 



through heredity for the future race. The typical his- 
torical example here is the national degradation which 
threatened the English people before the reform of the 
poor-law about 1834, when poor-relief was given as a sup- 
plement to wages, with the consequence that all common, 
unskilled laborers were fast becoming paupers as a condi- 
tion of mere existence; and pauper labor proved to be in- 
capable of producing wealth enough to support the nation. 

But we do not have to go so far to discover flagrant illus- 
trations of the same tendency, even in the fortunate eco- 
nomic conditions of the United States. There has not been 
an important strike in the past decennium, involving large 
numbers of low-skilled laborers, when charity-supported or 
charity-assisted persons or semi-criminals did not offer 
themselves in crowds to compete with the strikers. 1 The 
"parasitic industries" are found in all cities, that is, indus- 
tries in which the income which supports the family comes 
partly from wages, partly from charity, partly from vice, 
and partly from the physical and moral capital of the next 
generation. 

Under a previous head the minimum standard of human 
existence has been defined as closely as the nature of the 
subject and our present knowledge permit. The critical 
test lies here : Those who can earn the minimum in com- 
petitive society belong to the industrial group; those who 
cannot earn this minimum belong to the dependent group. 
This is a rough measure, but it is far better than no stand- 
ard, and it is practically correct. In fact, it is already 
more or less consciously applied in every instance where 
public poor-relief is given. Of course, no thoughtful per- 
son will take us to mean that there is an impassable bar- 
rier between the two classes, so that dependents cannot be 

1 It Is notorious that many of tho professional "strlVe-broaVcrs" arc fce 
vagrant class, on the borderland between vice, pauperism, and crime. 



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SOCIAL POLICY TOWARDS 283 



helped to ascend into and remain in the industrial group; 
and there will always be some difficulty to decide the status 
of those on the border-line. 

The members of the dependent group, who cannot earn 
even the minimum wage necessary to a human existence, 
are now actually supported by society; but frequently, and 
on a large scale, in such a way and by such methods as to 
keep them down and drag others to their level. For ex- 
ample, the products of charitable and correctional institu- 
tions are sometimes put upon the market in such quanti- 
ties and massed at such points as to reduce the wages of 
self-supporting work-people below the level of the mini- 
mum. In the sewing industries very serious evil is thus 
introduced. 

(2) A social policy relating to the dependent group 
must isolate the criminal group. One of the plagues of 
public and private charity is the anti-social criminal, the 
sturdy rogue and vagrant, the debased drunkard, the cun- 
ning thief, who mix in the throng of the merely dependent 
and appropriate by impudence or craft the fund intended 
for the helpless and incapable. At the door and desk of 
the municipal lodging-house may be seen daily the sifting 
and judging process — one of the most delicate tasks which 
ever test the judicial faculties of man. The same problem 
often confronts the friendly visitor in the homes of the 
poor, — as when one is called to help the wife and infant 
children of a lazy or absconding husband and father. 

Recent experiments and discussions at this dividing-line 
have shown that the rough and ready, but overworked, 
"work-test," even as a "workhouse test," is but one factor 
in the best method. One difficulty is that the motley multi- 
tude called the "unemployed" is composed of unlike ele- 
ments, the vagrant, the inebriate, the petty unsuccessful 
thief, the burglar "down on his luck," the physical degen- 



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284 



THE DEPENDENT GROUP 



i 



erate, the enfeebled convalescent just staggering back from 
a hospital, the stranded country youth, the unskilled la- 
borer seeking a job without trade-union card, and others; 
some with hard palms and thick muscles, some with deft 
but delicate fingers, some accustomed to cold and heat, 
some with prophetic cough ready to perish with slight ex- 
posure to sun or storm. 

In order to treat with fairness, discrimination, wisdom, 
and humanity all these "unemployed," and to transfer to 
the machinery of the criminal law those with whom charity 
cannot deal, several tests are necessary, and a merely auto- 
matic, mechanical method is totally irrational, (a) First 
of all a judicious, firm, courageous, and humane agent is 
necessary. The evil of depending entirely on a single 
coarse test, as the stone-pile, the bath, the workhouse, is 
that it seems to make the man unnecessary. It has long 
been observed that in an asylum for the insane where all 
the patients are kept within steel cages, one or two brutal 
attendants can carry out the policy; but where freedom, 
fresh air, play, industry, and rational treatment are given, 
the hospital must have many gentle, strong, and trained 
nurses. So exclusive reliance on a stone-breaking test tends 
to place surly and cruel keepers in charge of all applicants 
for shelter and aid, and thus the institution designed for 
charity and justice becomes an insult to honest workmen 
and a discouragement to the sensitive, without furnishing 
the quick insight which most unerringly discovers real 
criminals, (b) The work-test, in many forms, is only one 
useful method which works well under good direction, 
since crime is as parasitic as pauperism, and the mark of 
the parasite is that he wishes to live at the expense of 
others, (c) The employment bureau, with a reliable rec- 
ord and a sharp watch-care, is another means of marking 
the industrious man and discovering the cheat, (d) In 



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SOCIAL POLICY TOWARDS 



285 



cities, and often in towns, a certain amount of personal 
guardianship, a kind of probation work, is necessary to 
hold a moral weakling back from sliding down the easy 
incline toward criminality. All this information which is 
necessary for a wise treatment must be collected instantly, 
by means of messengers and telephone and telegraph, and 
from every available source. For the moment when a man 
can be helped and turned away from beggary or crime is 
the moment when he is under treatment and within the 
grasp of the official. The German Ver pile gun gsstationen, 
with their simple inns and their system of certificates and 
records, have much to teach us. 

But whatever the tests employed, in some way the mem- 
bers of the criminal group must be distinguished, known, 
and isolated from the dependent group. Charity, public 
or private, has no machinery of compulsion, and ought not 
to have. The steamboat is not made to sail on land; the 
school-house is not constructed to hold burglars in con- 
finement ; and a charity bureau is not fitted for the task of 
managing deserting husbands, petty thieves, and confirmed 
inebriates. Society must erect specially adapted machinery 
for dealing with this class of men, and it must have agents 
trained for each particular branch of its service. 

(3) Part of our social policy must be a better under- 
standing between the public and private agencies of relief. 
So far as principles of administrative methods are con- 
cerned there are no radical differences, both must aim at 
the real good of the recipients and of the community. It 
is also true that the division of labor need not be the same 
in every state and every county or municipality. 

But the necessity of agreement and cooperation is easily 
illustrated and demonstrated from examples taken from 
practice. Thus private charity sometimes supports a feeble 
alien who has been rejected by the agent of public outdoor 



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286 THE DEPENDENT GROUP 



relief until he has gained the rights of settlement and be- 
comes henceforth a public charge ; and this happens even in 
states where it is a punishable offense to import a pauper 
from one county into another. This understanding should 
go far enough, in cities where there is legal outdoor relief, 
to secure for the salaried agents the assistance of volun- 
tary, unpaid, friendly visitors. Our public relief in Ameri- 
can cities sins against the fundamental principle of indi- 
vidual treatment, because it refuses thus far to learn from 
the German cities, which employ unpaid visitors and give 
to them, within certain regulated limits, the responsibility 
for the distribution of public funds. 

The essential principles of division of labor seem to be: 
(1) the relief which is required by law is only that which 
is necessary to life and industrial efficiency, while private 
relief can deal with exceptional cases and provide a measure 
of comfort; (2) public relief is more suitable where there 
can be common, general regulations ; private relief is more 
adaptable and can act in exceptional ways; (3) public re- 
lief may properly provide for permanent and universal de- 
mands; private relief, being optional and voluntary, may 
rise to meet changing situations, and hence can more read- 
ily try experiments for which the voting public is not ready 
to expend money or erect administrative machinery. 

But division of labor is only one aspect of social co- 
operation, and it really implies and demands a conscious 
and concerted effort to work for the common welfare. 
This division of labor and this cooperation require organs 
and agents to make them effective. In German cities the 
initiative is naturally taken by the municipality; in Ameri- 
can cities it must at first be taken by the Charity Organ- 
ization Society or some kindred association. 

(4) A social policy relating to the dependent group must 
include an extension of experiments with positive social 



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SOCIAL POLICY TOWARDS 287 



selection. Each year competent thinkers come nearer to 
agreement on this principle, although it is not so clear that 
we have yet hit upon the most effective devices in its ap- 
plication. It is more than formerly assumed that persons 
who cannot improve, or at least will not degrade, the 
physical and psychical average of the race, should be pre- 
vented, so far as possible, from propagating their kind. 
Accidental and sporadic deflections downward from the 
average would still occur; but one of the principal causes 
of race-deterioration would cease at the source. 

The device of extermination by painless death has not 
been seriously discussed among the competent. 

The device of sterilisation has been frequently suggested, 
and, in a few instances, chiefly on the ground of advantage 
to the individual, it has been employed. There is nothing 
absurd, cruel, or impracticable in this proposition, although 
it would be helpful only within a limited area at best, and 
would not make segregation unnecessary, since even a ster- 
ilized degenerate can do injury by example and actions. 
It could be useful only upon the recommendation of a 
medical administrator and in the case of persons isolated 
from social contacts. 

A beginning has been made with the device of the cus- 
todial colony for segregation, already in quite general use 
with the insane, the feeble-minded, the epileptic. The idea 
is not absolutely new, but the scientific grounds and economic 
methods have not yet been worked out in a way to frame a 
cogent argument and appeal to electors and legislators. We 
must still interpret the partial and tentative experiments al- 
ready made so as to throw light on extended applications of 
the principle. Until the entire community, or at least the 
governing majority, has accepted this policy with open eyes 
and united will, we must expect to pay the heavy costs of 
neglect. 



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Conviction of the importance of a rational and humane 
policy of social selection has been diluted, and aggressive 
effort has been delayed, by certain widely accepted errors. 
Thus we have a large number of citizens who cling to the 
belief that "natural selection" is adequate and preferable. 
They speak of the "evanescence of evil ;" they cite the high 
rate of mortality of starved and sick infants, the sterility 
of prostitutes, the frequent celibacy of vicious and criminal 
men, the disappearance of degenerate families, the ravages 
of alcoholism and disease among the neurotic and ineffi- 
cient. Doubtless, as was long ago abundantly illustrated 
by Malthus, misery, pain, weakness, vice, do tend to ex- 
tinction without any conscious, concerted, and rational ef- 
fort of the community through law. Why not leave the 
weeding-out process to these destructive agents and forces ? 

False modesty has been an important factor in hinder- 
ing the calm and responsible discussion of the selective pro- 
cess. Ignorance' of biological science has contributed to 
the obstacles in the way of progress. We need to consider 
what the waiting, laissez-faire policy involves in order to 
understand why a humane society will not always stand by 
without a positive effort to modify the process and reduce 
its cost. It would mean, first of all, that hundreds of 
thousands of our fellow men who fail in competition would 
starve or freeze before our eyes in our streets. Among 
these would be innumerable innocent little children and 
helpless old men and women, unfortunate and crippled vet- 
erans of the army of labor. We do not need to depend on 
imagination for a knowledge of the effect of such conduct. 
It is what Bill Sykes did, what miserly stepfathers and 
heartless tyrants have done. The king who heard that his 
subjects had nothing to eat, and sent word that they were 
welcome to eat grass, was inviting a revolution — and it 
came. Hunger breeds despair, and those who are left on 



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SOCIAL POLICY TOWARDS 289 



the verge of starvation have nothing to risk when they 
steal and rob, or set the torch to palaces, and rob public 
stores and granaries in the glare of conflagrations. 

The instinct of sympathy is too deep and general to per- 
mit neglect. The moral obligation of charity is now with 
us organic, institutional, and fortified by ethical philosophy. 
While we cannot "prove" it, as we can a physical cause of 
disease, we can show to all who are capable of appreciating 
the argument that charity is an essential factor in a rational 
view of life and the universe. In spite of the powerful 
and influential protest of Mr. Herber Spencer, the civilized 
nations have gone on their way of extending the positive 
agencies of benevolence. The let-alone policy is imprac- 
ticable. Evidence is accumulating to prove that charitable 
support, without a positive general policy of segregation 
and custody, is, in the case of those who are seriously de- 
fective, the certain cause of actually increasing misery by 
insuring the propagation of the miserable. We cannot go 
backward to mere natural selection, the process which was 
suitable with vegetable and animal life, and inevitable in 
the stages of early human culture. Nor can we rest with 
merely mitigating methods of relief. We are compelled 
to consider devices for direct elimination of the heredity 
of pauperism and grave defect. 

Fortunately we have already discovered that an effective 
colony method is technically and economically possible, 
humane, and financially advisable. For example, it is not 
difficult to estimate the average cost per year for the sup- 
port of a feeble-minded woman of child-bearing age in a 
farm colony where all the inhabitants work, learn, play, 
but none breed. If she were free to roam, the county or 
state would have during these same years to support the 
woman and her defective illegitimate children. The fu- 
ture generations of "the Jukes family" are in sight, and 



290 THE DEPENDENT GROUP 



the burdens they will bring. We know the effects of these 
two policies; they "spring to the eyes." The method of 
segregation, as a device of negative social selection, is al- 
ready at work and its results are before us. Gradually, 
tentatively, carefully, the method will be employed with 
others, as they are found to be manifestly unfit for the 
function of propagation and education of offspring; from 
the insane and feeble-minded society will proceed to place 
in permanent custody the incurable inebriate, the profes- 
sional criminal, the hopelessly depraved. The marriage of 
consumptives and of others with feeble constitutions will 
be increasingly diminished under pressure of enlightened 
public opinion. 

But the policy of segregation is applicable only within 
rigid limitations. Only those members can be cut off from 
family life and social freedom who are manifestly unfit for 
parenthood and for contact with fellow citizens in com- 
petitive industry. Many of the children of criminals may 
be so nourished and taught in a new domestic environment 
as to become valuable citizens. But society cannot afford 
to play the nurse and teacher for a very large horde of 
incapables and criminals. The cost would be too great 
and the sacrifice would fall on the wrong parties. It is in 
the improvements and reforms which promise the eleva- 
tion of the group not yet either pauper or criminal that we 
may most reasonably hope to secure the best returns for 
our efforts. Something may be done to compel parents 
now negligent to perform their duties as parents and make 
better use of their wasted resources. The extension of 
probation work to parents, already begun in some of our 
juvenile courts, is a hint of what may be done. 

(5) Not even a brief outline of a social policy relating 
to the dependent group can omit reference to the agencies 
of "preventive and constructive" philanthropy. Omitting 



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SOCIAL POLICY TOWARDS 291 



details, yet bearing in mind the impressive array of inven- 
tions in this line, let us seek to define the essential regu- 
lative principles which at once inspire and direct these 
methods. 

Pauperism is, in great part, the effect of known and re- 
movable causes. These causes are not obscure, concealed, 
or beyond our grasp. They are consequences of human 
choices which may be reversed. The reception of alms 
even in cases of innocent misfortune, is a social injury; it 
lowers self-respect, weakens energy, produces humiliation 
and mental suffering, diminishes productive efficiency, 
tends to the increase of pauperism. Hence those who 
know most of relief are most desirous of reducing the 
necessity for it to the lowest possible terms. 

The National Consumers' League and the recently or- 
ganized National Child Labor Committee represent a policy 
of prevention which is full of promise. It is perfectly 
clear to all competent observers, who are not blinded by 
some false conceptions of personal financial interest, that 
the vitality, industrial efficiency, fitness for parenthood, and 
intelligent social cooperation of the rising generation are 
profoundly affected by neglect of the children of the poor. 
In order to prevent juvenile pauperism and youthful vice 
and crime, the entire nation must work steadily to intro- 
duce and make operative something like the following pro- 
gramme of legislation and administration: 1 

All children must complete the first eight years of the 
common school curriculum and attain a certain standard of 
education before they are permitted to engage in bread- 
winning occupations, and none under sixteen years should 
be wage-workers unless this standard has been reached. 

All children, when they begin work, should be examined 



1 Suggested by the paper of Mrs. Florence Kelley, published In the American 
Journal of Sociology. 



292 



THE DEPENDENT GROUP 



by a public physician, and held back from intense labor if 
in weight, stature, and development of muscles and nerves 
they are dwarfed. Physicians and nurses should be 
charged with the duty of seeing that school-children are 
kept in good health. 

All defective, deaf, and subnormal children, as well as 
the crippled, should have proper separate and special in- 
struction. 

Boards of education should provide playgrounds and 
vacation schools, under careful supervision, in order to pre- 
vent the evils of idleness, misdirected energy, and vicious 
associations. 

Public libraries should extend their branch work, not 
only to different districts of the city, but, by means of 
home library agencies, into the very homes of the poor; 
and the easy and pleasant use of the English language 
should thus be promoted. 

The street occupations of boys should be carefully regu- 
lated and supervised, and the employment of girls in public 
ways should be prohibited. 

Boys under the age of sixteen years should not be per- 
mitted to labor in mines or with dangerous machinery. 

If parents and other adults are in any way responsible 
for the delinquency of children, they should be held penally 
responsible. 

At the same time, the curriculum of the schools should 
be so planned as to lead by a natural transition from the 
play and study of childhood to the specialized industries 
of maturity, by means of evening schools, technical instruc- 
tion for apprentices, regulation of hours and shifts, so that 
youth may lay a broad foundation for the specialization of 
the factory and mill. 

Among the methods of preventive philanthropy is that 
of new applications of the principle of averaging risks or 



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SOCIAL POLICY TOWARDS 293 



"insurance." The only nation which has thus far devel- 
oped a system as comprehensive as social need and as our 
present social science justify is Germany, and any discus- 
sion which ignores that splendid system must be regarded 
as tardy and provincial. No doubt each country must con- 
struct its own system, but any legislature which neglects 
German experience and success falls short of the best wis- 
dom. 

Sickness being one of the chief causes of dependence, all 
recent improvements in hygiene and sanitary science, with 
their practical applications in municipalities, must be 
counted among the direct means of preventing pauperism. 
The contest with tuberculosis is a familiar and happy illus- 
tration of labors in this field. 

(6) Philanthropy would still have a large and even 
higher mission if the commonwealth could by a stroke 
abolish pauperism in all its present forms. Philanthropy 
will never become obselete, but will merely move up to 
higher levels. There will always be superior and inferior; 
stronger men in advance, feebler men in the rear; but all 
will be members of the same community, knit by economic, 
political, and moral ties into one organization. Already 
the condition of social dependents is far higher than it was 
a century ago. When actual misery and depravity have 

t been abolished, if that time ever comes, there will still be 
work for the most successful on behalf of those less gifted. 

1 Much of our charitable work is already on this level. In 
rural communities the desperate and tragical struggle with 
shameless pauperism is often absent; there are no "poor," 
none dependent on public or private relief; yet in many 
villages the higher charity has a very earnest mission. 
There are still spiritual and intellectual dwarfs to be stimu- 
lated; gossip dissipates; low vice lurks in unsuspected 
places ; and those who lag in the rear hinder the march of 
the most advanced. 



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The philanthropic measures which have been developed 
in presence of pathological phenomena have reacted upon 
normal activities. Thus, for example, the methods of 
studying" and training the feeble-minded and the juvenile 
offenders, and the vacation schools for summer vagrants 
among children, have made substantial and appreciated 
contributions to the science of education. 

Crises in commerce and industry are felt to be pathologi- 
cal; but a scientific study of crises reveals the principles 
which should regulate ordinary business in such a way as to 
avoid widespread financial ruin, as rules and laws control- 
ling the issue of currency, the straining of credit, and the 
fluctuations in the production of commodities. 

The labors of the philanthropist awaken and sustain 
those social habits of thought and sympathy which elevate 
and ennoble family life, refine customs, and inform legis- 
lation with a universal moral aim. Medieval charity was 
full of blunders, but its failures are our warnings, and its 
spirit of devotion inspires us through the literary monu- 
ments of its typical heroes. In a similar way the institu- 
tions and laws which public and private charity are now 
constructing will shine over the waste of years a veritable 
pharos for the centuries to come. 



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THE PROBLEM OF POVERTY 



BY EMIL MUNSTERBERG 

[Emil MU^sterbeho, Member of the County Council, and President, 
City Charities, Berlin, Germany, since 1898. b. Dantzig, Ger- 
many, July 13, 1855. Dr. Jur. Judge in Menden, Westfalen, 1887- 
90; Mayor in Iserlohn, 1890-92; Director of Public Charities, 
Hamburg, 1893-96. Author of numerous books and papers treat- 
ing subjects of charity and social welfare.] 

Poverty means a condition where there is lack of the 
necessaries of life. The preservation of the life of the body 
is a necessity, and the man who does not possess the means 
necessary to such preservation is poor. Whether it be 
directly through starvation, or indirectly through sickness 
brought on by insufficient nourishment, poverty must neces- 
sarily lead to the extinction of the physical life. The in- 
dividual's instinctive love of life will not allow him to sub- 
mit to this result without resistance, and so in one way or 
another, according to the circumstances in which he lives, 
he struggles against it. He will either beg the means of 
subsistence from his fellows, or, if this fails, he will resort 
to fraud or force in his efforts to obtain it. This means 
that he will strive to escape want by secret or forcible ap- 
propriation of the necessary means of subsistence. But so 
far as begging and force fail, whether it be because his 
fellow men are also poor, or because they take sufficient 
precautions to protect themselves against fraud and force, 
so far the condition of poverty continues to exist, and that 
consequence of physical degeneration makes its appearance 
which penetrates the whole being through disease, through 
moral neglect, and through embitterment of soul. Where 
wider circles of population fall into this condition we 
speak of collective poverty, in contrast to individual poverty. 



296 PROBLEMS OF POVERTY 



There is this great difference between poverty and all 
other human conditions, that the man who suffers from it 
has at his disposal no means of resistance out of his own 
power; that here there is no service rendered which fur- 
nishes a claim for a counter-service, as is the case in all 
other human relations. Hence, when help is rendered to . 
the poor, be it by the individual or by society in its various 
forms, the question is always of a service without return. 
For this reason, therefore, such service cannot, without fur- 
ther ceremony, be left to the general principles governing 
economics and equity which otherwise regulate the rela- 
tion between service and counter-service. There are many 
other points of view on which the necessity of helping the 
poor is based. They may be briefly classified as "philan- 
thropic" and "police." The spectacle of a human being 
suffering from want is so affecting that it calls out the feel- 
ing of sympathy which impels his fellow men to help. 
From the standpoint of the police, however, the impulse 
evoked is almost the direct opposite — that of self-protec- 
tion. 

When an indigent, through need of the necessary means 
of subsistence, resorts to fraud or force, he can do this 
only through a breach of the law. Society, which imposes 
a penalty on such a breach of its laws, must guard against 
allowing such law-breaking, committed through the force - 
of a natural instinct, to have the appearance of being justi- 
fiable. Means must be taken to anticipate such an instinc- 
tive action by voluntarily supplying the poor man with the 
means of satisfying his natural wants. The history of 
poverty furnishes numerous proofs of the fact that the in- 
stinct of self-preservation is under all circumstances 
stronger than the fear of penalty. The whole of the meas- 
ures by means of which it is sought to alleviate the many 
and varied conditions of poverty, we designate "poor-re- 



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lief." No civilized state is without such measures, al- 
though in various countries they have undergone a very 
different development. Their foundation is laid by a feel- 
ing of fellowship, which at first centres in the church parish 
and is directly shown by the members of the parish toward 
one another. Hence the custom passes over, as a religious 
exercise, to the church itself, which comes to recognize a 
definite religious duty toward the poor. It also grows up 
out of that feeling of fellowship which neighbors have, 
manifests itself in the mutual help of those bound together 
by a common occupation or calling into orders of knight- 
hood, religious orders, merchant and trade guilds, unions, 
brotherhoods, and associations, and finds its final compre- 
hensive expression in the recognition of the duty of poor- 
relief through political organizations, church, province, 
state. Yet its actual development assumes very different 
forms. In the Latin countries the exercise of poor-relief 
and charity continues to centre really in the church. In 
the Teutonic countries, on the other hand, it develops from 
an ecclesiastical to an ecclesiastico-civil, and then gradually 
to a completely civil, poor-relief. In keeping with this de- 
velopment, the ecclesiastical poor-relief in the Teutonic 
countries remains still in a mere modest, supplementary 
position, closely confined within the limits of those bound 
together by a common creed. The opposite is the case in 
the Latin countries. Here charity, which is administered 
through churches, monasteries, religious orders, and char- 
itable endowments, is supplemented by state and parish 
measures. The traces of this historical development are 
to be found in numerous halfway forms. For example, 
even in the England of to-day the public poor-relief is ad- 
ministered by unions which correspond to the several 
church parishes. In the French bureaux de bienfaisance 
and in the Italian congregasione di caritd the interest of 



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the community at large finds expression in the fact that the 
mayor is the chairman of these associations. 

To these public and semi-public forms of poor-relief 
there is added an immense number of private charities, 
which either pursue precisely the same object as the former, 
or else supplement them in some way or other. Their pro- 
moters are either single individuals or societies and asso- 
ciations. Above all things, the standpoint of humanity is 
predominant among them, although this takes different 
forms of expression at different periods. The simple com- 
mand to love one's neighbor, which makes it a duty to help 
one's suffering fellow beings, expresses itself in almsgiving 
and penitential offerings in the medieval church, where the 
spiritual welfare of the giver is the idea in the foreground, 
rather than the need of the receiver. The charitable foun- 
dations of the cities that grew up after the Reformation 
are the expression of a powerful sense of citizenship, which 
feels itself able to do more for its impoverished members 
than afford them mere sustenance. The period of ration- 
alism which set in about the middle of the eighteenth cen- 
tury transformed the Christian idea of love of one's neigh- 
bor into that of pure humanity. And still to-day impulses 
to relieve suffering are produced by motives of the most 
various kinds. The means to this end are pouring in to- 
day as they have never done before. The applied methods 
of relief, especially where sickness and infirmity are con- 
cerned, have reached a degree of excellence all out of com- 
parison with that of any previous period. How much also 
poor-relief has extended its scope, increased its means, and 
improved its methods! The method of poor-relief in it- 
self, however, can boast of no progress. It was and con- 
tinues to be an indispensable, but always crude, means of 
contending against poverty. So far as we can speak here 
of progress at all, it is not to be found within, but rather 



i 



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299 



without the proper compass of poor-relief. It begins at 
the moment when poverty is no longer reckoned with as a 
condition established by the will of God, or as a necessary 
fact of human existence; and the question is thus raised 
whether poor-relief itself cannot be absolutely banished 
from the world by the absolute abolition of poverty itself, 
and, without prejudice to the physical and mental inequal- 
ities in natural gifts which divide men, by the removal of 
that monstrous inequality which exists in the things of this 
life. From this point of view the problem of poverty is 
a problem of economics and sociology which investigates 
the whole relationship of man to man and to nature about 
him, and whose final aim must be to render to all an equit- 
able share in the treasures that are to be wrung from na- 
ture through work, and also, by the creation of universal 
prosperity, to banish poverty from the world as the very 
contradiction of such prosperity. 

With an insight into this connection of the matter there 
begins a new conception of social and economic events. 
We hear at the close of the eighteenth century of the great 
doctrine of individual freedom. All legal obstacles which 
set bounds to this movement must fall. It is taught that, 
as soon as every one has liberty to unfold his own powers, 
the greatest possible guaranty of universal prosperity is 
attained. But the new economic development which, under 
the banner of steam and electricity, leads the way to a new 
era of discovery and invention, in reality created colossal 
riches on the one hand, and appalling poverty on the other. 
Poverty is not removed, but increased, and in its opposition 
to riches appears still sharper and more pressing. Man's 
ability to work has become an article of sale, which, ac- 
cording to the law of supply and demand, displays a ten- 
dency toward continuous depreciation as population in- 
creases. So economic freedom becomes the freedom of 



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PROBLEMS OF POVERTY 



"sweating," which receives only the slightest check from 
the good will of philanthropists. The immense pressure 
from above calls forth the counter-pressure from below. 
As their feeling of self-consciousness develops, the labor- 
ing classes seek to realize themselves as a unity, and in their 
wishes, needs, and point of view to oppose themselves to 
the employing class. One can speak of this movement 
among the laboring classes as something quite new in the 
history of sociology and of the world. This does not mean 
that there ever was a time when the struggle of the im- 
poverished classes to improve their social and economic con- 
dition had no existence. But no movement has seized hold 
of such great masses of people. First of all, the modern 
means of communication and the press, together with a 
universal political freedom which has, in spite of every ob- 
stacle, made great advances, have been the powers which 
have given that solidarity to modern labor which is its 
peculiar characteristic. This movement of labor to realize 
itself as a great unity gives rise to the modern social prob- 
lem of which the problem of poverty forms a part. As a 
part of the social problem it assumes a new aspect. The 
conception of poor-relief, in the old sense of the term, is 
entirely foreign to the labor programme, the first principle 
of which is self-help; not pity, but justice; not a prayer, 
but a claim. 

This social conception of the problem increases the diffi- 
culty of treating it, because the attention is now directed 
away from the outer appearance of poverty to its deep- 
lying cause, and the trouble now is to find those measures 
through which the cause of poverty may be counteracted. 
We are accustomed to classify the causes of poverty as 
"general" and "particular." The former comprise events 
over which the individual has no influence, such as the 
whole organization of state and society, business crises, 



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wars, discoveries, and inventions which revolutionize a 
whole branch of industry, such as especially the replacing 
of hand labor by machine labor ; further, destructive events 
of nature, such as earthquakes, conflagration, inundations, 
epidemics, etc. Through all these causes numberless indi- 
viduals are simultaneously rendered penniless and countless 
families deprived of their bread-winners. The particular 
causes of poverty are disease, infirmity, old age, etc., which 
are again to be distinguished as those for which the indi- 
vidual is responsible and those for which he is not respon- 
sible. For idleness, prodigality, drink-mania, and unchas- 
tity he is responsible; for youth, old age, sickness, and in- 
firmity, and death of the bread-winner he is not responsible. 
Yet a sharp line of distinction is not to be drawn here. A 
bad course of life, for which a vicious bringing-up is to 
blame, is something for which, in a higher sense, the indi- 
vidual is not responsible. Moreover, a similar considera- 
tion will show us how the individual case broadens into 
the general. Take, for example, the problem of criminal- 
ity among the young, a problem which has lately been the 
subject of especially earnest consideration and which is 
bound up with domestic conditions. In like manner, the 
sickness of the individual assumes a general importance 
when the condition of dwellings, the general diet, etc., de- 
teriorate the health of the population. And if the state of 
dwellings and food have such a result, there forces itself to 
the front the question of wage and labor conditions which 
do not allow a sufficient expenditure for food and dwelling. 
And from this wage and labor question we are immediately 
led back to the question of economic and social conditions. 
In short, we have an immense variety of circumstances pro- 
duced through causes the ultimate source of which is hid- 
den in almost impenetrable obscurity. Personal, physical, 
intellectual, and mental qualities exercise a contributive but 



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302 PROBLEMS OK POVERTY 



not decisive influence, where the determining circumstances 
are more powerful than the will of the individual. 

However difficult it may be in particular cases to press 
back to the ultimate cause, yet the knowledge of the con- 
nection between the individual case and circumstances in 
general affords us points of view for the measures that are 
to be taken to counteract poverty. Indeed, it is this in- 
sight into the indissoluble connection of the single case with 
the general which gives its decisive character to the efforts 
of to-day to solve the problem of poverty. The well-worn 
comparison between poverty and disease here obtrudes it- 
self. It is not a piece of court-plaster fastened over a 
wound which heals a disease whose causes lie within, but 
only the treatment of the whole bodily condition, the im- 
provement of the vital forces, the restoration of regular 
circulation of the blood, the stimulation of the activity of 
the heart. Thus poor-relief, as a means of protecting the 
• poor from direct want, is only the court-plaster which 
serves as a temporary relief, but does not produce a real 
cure. The farther the measures taken to counteract pov- 
erty are removed from this most external measure of poor- 
relief, the more effective are they. In the first rank stand 
all those measures which are fitted to elevate the general 
condition of prosperity. Here belong all those measures 
which concern public and economic life, commerce, the labor 
market, the administration of justice, etc., and also the 
question of protection and free trade, the conclusion of com- 
mercial treaties, the extension of the means of communica- 
tion by land and water. In a similar position stand those 
measures for the elevation of the public weal through regu- 
lations promoting health and education, such as the funda- 
mental demand of universal free elementary schools and of 
night schools, the equipment of technical, business, and 
higher educational institutions, the procuring of a good 



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water-supply, the removal of garbage, the supervision of 
slaughter-houses, a good milk-supply, the promotion of 
physical training in the schools and homes, the furtherance 
of the building of sanitary dwellings ; in short, those meas- 
ures which are fitted to improve the mental and physical 
conditions of all the various classes of population. 

The second division is formed by those regulations which 
have to do with single occupations and classes, especially 
the agricultural, artisan, and industrial wage-earning 
classes. Of first importance here is the regulation of the 
labor conditions, the legal protection of labor, labor coali- 
tion, and labor employment bureaus. Side by side with 
legal regulations, the claim to the highest importance lies 
with the activity of the independent organizations, of the 
artisan associations and trade-unions, of producers' and 
consumers' leagues, of building-societies; in short, of all 
those associations of laborers in a common field which are 
built upon self-help as their basal principle, and whose ob- 
ject is the regulation of the conditions of labor and mutual 
encouragement and support. 

The third division has so far to do with the causes of 
individual poverty as certain circumstances can be foreseen 
which render the individual, either for a time or perma- 
nently, incapable of earning his bread. Such especially 
are disease, accident, disability, age, widowhood, and or- 
phanage. The most important measures in this division 
are those comprised under the different forms of labor in- 
surance, divided into sick, disability, old-age, accident, out- 
of-work, and survivors' insurance. Such insurance may 
rest chiefly on the basis of legal compulsion, as in Germany 
and Austria, or on the basis of friendly societies as in Eng- 
land and America, which, however, are to be found in the 
first-mentioned countries also. Labor insurance stands in its 
effects next to poor-relief, in that in single cases it removes 



304 PROBLEMS OF POVERTY 



or mitigates the consequences of penury. It has this dif- 
ference, however, from poor-relief, that here the claim is 
based on the ground of an acquired right. On a similar 
basis rest the claims on the state, church, and corporations 
for pensions, retiring allowances, or maintenance of widows 
and orphans. 

Sharply divided from these measures for the advance 
- of general prosperity, of self-help, and of social prophy- 
laxis, there exist, in the last place, the measures against 
poverty which constitute poor-relief proper. The man 
whom these general measures for the public good have not 
been able to prevent from falling into poverty, who, in the 
case of lost capacity to earn his living, or want of work, 
cannot fall back on the help of those upon whom he has 
some special claim, nor has the right to claim help from 
insurance, — such a man has no other resource than to ac- 
cept outside help, which is offered by poor-relief and char- 
ity, a help which has this peculiarity that it stands outside 
the compass of that reciprocal service which determines 
and sets definite bounds to all other economic relations. 
The results of this peculiar relationship are plainly recog- 
nizable on the side of both giver and receiver. The giver 
is inclined to limit his gifts to what is only absolutely neces- 
sary, because he gives without return; the receiver is hu- 
miliated by the gift, because he can do nothing in return. 
Hardness on the one side, bitterness on the other, are con- 
sequently in great measure bound up with the exercise of 
poor-relief. And where poor-relief is not administered in 
this hard way, or where it reaches a lavish or actually 
prodigal extent, it escapes indeed arousing the feeling of 
bitterness, but produces in its stead other and no less dan- 
gerous evils, above all the evil of accustoming the receiver 
to free gifts, of making him covetous, of blessing his efforts 
to maintain himself out of his own endeavors. Where 



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poor-relief so degenerates it becomes mere almsgiving, 
which has as its inevitable consequence the unlimited in- 
crease of the number of those seeking help. The lamenta- 
ble fact that heads of families desert their wives and chil- 
dren is really fostered by the feeling, encouraged through 
the administration of adequate poor-relief, that sufficient 
provision will be made, without the presence and work of 
the head of the family, for the maintenance of those de- 
pendent upon him. Nay more : where greater riches afford 
the means of a lavish distribution of charity, the begging 
of charitable assistance becomes a business which supplies 
itself with specific expedients in order to secure its share 
of the superfluous wealth without any effort. The appear- 
ance of poverty is feigned. Hypocrisy, lying, and cunning 
in written and personal representation form the stock in 
trade of this beggar business, which, estimated by its moral 
quality, rivals the trade of the card-sharper, receiver of 
stolen goods, and defrauder. 

Thus the conduct of society toward poverty continues to 
oscillate between two evils — the evil of insufficient care for 
the indigent, with the resulting appearance of an ever-in- 
creasing impoverishment which acts as an incentive to beg- 
ging and crime ; and the evil of a reckless poor-relief, with 
the resulting appearance of far-reaching abuses, the lessen- 
ing of the spirit of independence, and the patronage of 
begging and vagrancy. The history of poverty is for the 
most part a history of these constantly observed evils and 
of the efforts to remove them, or at least to reduce their 
dimensions. No age has succeeded in solving this problem. 
In the early Christian Church the duty of poor-relief was 
based upon the love of one's neighbor, and the members of 
this community looked upon each other as brothers and 
sisters whose duty it was to render help to one another. 
Thus it was possible for a limited circle and for a limited 



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306 PROBLEMS OF POVERTY 



time in some measure to avoid both these evils. But in the 
Middle Ages the church, now become a public power, en- 
couraged and increased poverty to an appalling extent, 
without being able in a corresponding degree to meet the 
problem of helping the indigent. The state authorities 
during the latter part of the Middle Ages, and especially 
in the sixteenth and seventeenth centuries, in spite of their 
stringent laws against begging, remained powerless to con- 
tend with beggary and vagrancy. The other course which, 
with overflowing love and compassion, sought to mitigate 
the lot of the poor, which finds expression in the Gilbert's 
Act of England with its system of allowances, or the 
French law of 1811 concerning the anonymous reception 
of children, plainly showed, in the appalling increase of 
the number of able-bodied persons demanding support and 
of deserted children, where a too charitable conception of 
the administration of poor-relief must lead. To-day we 
stand face to face with the same problem. Public poor- 
relief and private charity wage the thousand-year-old bat- 
tle over the successful administration of poor-relief and the 
prevention of its abuses, and reap to-day precisely the same 
experience as was reaped in times past, — that human na- 
ture, in spite of all economic and technical advance, in this 
respect has undergone no change. Hence also arises the 
very noteworthy fact that the most modern poor-relief di- 
rects its attention more than ever to the simple adminis- 
tration of poor-relief in the early Christian Church, and 
that the much-talked-about "Elberfeld system" is nothing 
else at bottom than an attempt to revive that old form of 
administration on systematic lines. Thus there stands in 
the foreground of all discussion concerning the proper form 
of poor-relief the question of organization. If poor-relief 
is to help the needy according to his need, and have a 
reason for rejecting the undeserving, it must have for this 



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purpose a thorough knowledge of the circumstances of 
those who apply for help. This knowledge can be obtained 
only through direct examination in the home of the in- 
digent, through observing his mode of life, his household 
management, the conduct of his family, etc. ; and must be 
supplemented by inquiry in other directions, of the em- 
ployer, neighbors, fellow-tenants, etc. This makes neces- 
sary a special equipment for examination which shall stand 
in fitting relation to the number of those seeking help. In 
this regard, the greatest success is displayed by the com- 
munities which are able to raise a sufficient number of vol- 
unteer helpers who enter into intercourse with the indigent 
in the spirit of brotherly lo 'e. Herein lie the roots and 
the power of the Elberfeld system, already referred to. 
The paid helper is perhaps better trained, but he lacks that 
vital element of love which distinguishes the voluntary 
helper. It is true that the voluntary-assistance office must 
have rooted itself in law and custom, as has been predomi- 
nantly the case in German communities. This custom 
hardly exists in England and America. Hence the pre- 
dominance of indoor over outdoor poor-relief in both these 
countries. In its place, however, America and England 
can point to a very great development in the sphere of pri- 
vate charity, which centres in the charitable organizations 
and societies, and offer here wider opportunities not only 
to volunteer helpers but also to paid workers who are 
trained by various plans and now by highly developed 
schools of philanthropy. The most valuable assistance 
rendered by woman makes itself conspicuous in the sphere 
of private charity, and leads to the demand, now advanced 
alike in all civilized states, that in public poor-relief woman 
shall have equal rights and duties with man. 

The method of rendering assistance is closely bound up 
with the question of the organization of poor-relief. The 



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German preference for outdoor relief is, without doubt, a 
result of the old custom of employing the help of volun- 
teer assistants. In England the great reform of 1834 es- 
tablished as the very test of indigency the readiness of the 
applicant for help to enter an institution in which he had 
to forego his freedom of movement and many of his accus- 
tomed enjoyments of life. Whether this demand is ex- 
pedient or not is to-day a matter of much dispute. The 
transactions of the National Conference of Charities, and 
the reports of state boards and of the English Central Poor 
Board, contain numerous discussions of the matter. That 
the number of those receiving assistance is lessened by a 
stringent application of the principle is without doubt. 
But, on the other hand, it remains doubtful whether in this 
way adequate relief is in all cases afforded, and whether 
it is not much more true that the rendering of money as- 
sistance to the indigent restores him more quickly to a con- 
dition of independence, and that the poorhouse tends to 
make him a permanent subject of poor-relief. Moreover, 
it has often been observed that a strict application of the 
principle of indoor relief leads to an increase of those two 
evils already mentioned — the want of those who are in real 
need, but whose pride is too great to allow them to enter 
the poorhouse ; and the resort of the others to begging and 
vagrancy, which they find more comfortable and profitable. 
More than this, neither England nor America would be in 
a position consistently to carry out its system of indoor 
relief, were it not richly supplemented by private charity 
which mitigates the severities of the system. Moreover, 
an increasing insight into the connection between poverty 
on the one hand, and disease and immorality on the other, 
in all civilized countries, and not least in America and Eng- 
land, has had the result of so narrowing the sphere of in- 
door relief that all those classes of indigents are refused 



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admittance which need special medical attendance, and for 
whose moral welfare dangers are to be feared from a stay 
in the workhouse. Above all is this true of the sick and 
the young. In its relation to the children especially is the 
development of the system of family relief, and the separa- 
tion of children from adults, noteworthy. In sick-relief 
it is a matter of the first importance to render the relief at 
the right moment to insure the cure of the patient and, 
where possible, to seize the disease at a stage in which 
restoration of the power of earning his own living may be 
successfully accomplished. In this respect the movement 
for combating the evil of tuberculosis is especially of far- 
reaching importance. 

The question of good organization, as well as the ques- 
tion of adequate relief, is handled by general efforts of the 
most various kinds, in which public poor-relief and private 
charity take part in different ways. This very diversity, 
however, conceals two serious dangers — lack of unity on 
the one side, and overlapping on the other. To counter- 
act these dangers it is necessary that the directors of public 
poor-relief and the different representatives of private 
charity should associate with one another for the purpose 
of devising a systematic and mutually complementary re- 
lief. Information about the indigent, as it is sought in 
the "charity organization societies," in the offices centraux 
dcs ativrcs dc bicnfaisancc, in the Vcreinen gegcn Vcrar- 
mung, and in the information bureaus, directs the indigent 
to the place where he can best find help, and leads to the 
discovery of those persons who misuse poor-relief and 
charity. Information about charitable institutions, as 
given in the digests and directories of great cities, show 
what measures are available, and how they can properly be 
made use of. 

Beyond this activity, exercised almost exclusively by pri- 



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vate parties, the need, at any rate, makes itself felt for a 
definite determination of the proper management and ap- 
plication of the means of poor-relief and charity. And 
here very different possibilities are open. The whole pub- 
lic poor-relief may be placed under one central board of 
control which is authorized permanently to supervise all 
the institutions and establishments that stand under it, to i 
vote the estimates, to censure abuses, and to compel their 
redress by the authority of the law. The most stringent 
form of supervision is exercised by the Local Government 
Board in England, with the assistance of general inspect- 
ors, local inspectors, and auditors. All boards of poor-re- 
lief are required to furnish regular returns, which render 
possible general poverty statistics at once of scientific and 
practical utility. In France, so far as one can speak of a 
public system of poor-relief — that is, as far as care for 
children, aliens, and the diseased is concerned — the super- 
vision lies with a special department of the minister of the 
interior — the directeur de I'assistance publique. He has, 
as an advisory, the conscil supericur de I'assistance publique, 
which undertakes an exhaustive examination of all ques- 
tions relating to poverty and charity, and expresses its 
judgment upon them. In Belgium a proposed law pro- 
vides for a similar institution. In Italy, in accordance 
with a law which went into force a few weeks ago, a central 
government board, the consiglio supcriore di assistensa c 
bcncficcnza pubblica, and besides for each separate province 
a provincial board of commissioners, commissione di as- 
sistenza c bi bcncficcnza pubblica, are created. The latter 
is authorized to exercise direct supervision over the local 
boards of management, and to interfere in their action; 
while the intention is that the functions of the central board 
should be more of an advisory nature. In the new laws 
of certain Swiss cantons and of the Austrian crown lands 



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the institution of inspectors of poverty has been recently 
introduced. In Germany there is no such central author- 
ity in charge of poverty. The supervision of poverty here 
forms a part of the general government supervision whose 
duty it is to guard against all pernicious measures, what- 
soever they may be. 

In the United States, of late years, public opinion has 
taken a very lively interest in this question, from the point 
of view as to whether such supervision is desirable and per- 
missible. One must place over against this the institutions 
of the Old World, where the old absolutism exercised a 
strong influence on self-government, from which in modern 
times it seeks to free itself. The exact opposite is the case 
in the United States, where from first to last constitution 
and government are based on democratic principles. The 
result is that an encroachment here on the part of central 
government authorties would be viewed beforehand, from 
the standpoint of political freedom, with much greater dis- 
trust. At the same time, it is universally agreed that the 
government authorities have the right to remedy public evils 
and abuses from the standpoint of state protection, and to 
exercise supervision over state institutions proper. The 
problem becomes more difficult when the question is raised 
concerning the supervision of the remaining public institu- 
tions, and those which receive aid from public funds; and 
still more difficult when purely private charity comes to be 
considered. The question has been answered in the United 
States, both theoretically and practically, in very different 
ways. First of all, a "State Board of Charities" was 
founded in Massachusetts in 1863. New York and Ohio 
followed in 1867. They bear very different names. Thus 
the above-mentioned State Board of Charities is in Wash- 
ington and Wisconsin designated as the "State Board of 
Control;" in Iowa, "Board of Control of State Institu- 



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312 PROBLEMS OF POVERTY 



tions;" in Maryland, "Board of State Aid and Charities;" 
and so on. Already in the names which they bear the es- 
sential difference makes itself felt, for which the Ohio and 
Iowa systems form the respective types. In the one case 
it assumes the form of a control, accompanied by the power 
of compelling, by government authority, the adoption of 
measures of improvement. In the other case there is sim- 
ply a supervision, with the authority of exercising advisory 
powers solely. In some states the authority is intrusted to 
several boards. Thus there exists in Massachusetts a State 
Board of Charities; in Maryland and New York, be- 
sides this, a special Commission in Lunacy. In regard to 
the question of the supervision of private charities, the fact 
must be taken into consideration that here voluntary con- 
tributions are in question, and that as a rule every one 
must be allowed to spend his means in his own way. Yet 
it is only right to remember that, just as the state inter- 
feres in the management of insurance, banking, and manu- 
facturing, from the standpoint of the welfare of society, 
so also the welfare of society is concerned with certain 
spheres of private charity. This is especially the case in 
the care of children and the housing of sick, old, and help- 
less people in institutions. The movement toward such a 
conception of the matter, however, has received a severe 
check through the decision of the supreme court of New 
York, which denied that the State Board of Charities in 
New York had the right of supervising the measures of 
the Society for the Prevention of Cruelty to Children. As 
an actual fact, in consequence of this decision, more than 
half of the charitable societies have been withdrawn from 
the supervision of the board. 

In the countries of the Old World this question receives 
very different answers. While in Germany again the 
supervision of private charity is only a part of state super- 



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313 



vision in general, in England charitable endowments in 
particular are assigned to charity commissioners, whose in- 
fluence, however, is rather limited. In France the very 
vigorous fight over this question keeps pace with the fight 
over the bounds between church and state. In Italy, on 
the contrary, the powers of supervision of the state authori- 
ties have been greatly widened by the law of 1890, and by 
the institution of the new central boards of control already 
mentioned. All these measures point to where the highest 
importance lies. This is not simply in a supervision which 
shall secure the remedy of whatever abuses exist, and the 
inauguration of a well-organized administration; but in 
furnishing the instrument of this administration with the 
most successful modes of management; in studying and 
making known new methods, especially in the sphere of 
insanity and of disease, as well as of the protection of chil- 
dren; and in general in elevating poor-relief and charity 
to a higher stage. And as the bounds between public re- 
lief and private charity have never been completely defined, 
there enters, side by side with the activity of the govern- 
ment, a very active private propaganda waged by the great 
charitable societies, and also by societies confined to the 
several departments of charitable effort. Here belong the 
English Poor Law Conferences, an annual assembly of those 
who administer public relief, to take council on all questions 
to which poor-relief gives rise; and also the Congrte nat- 
ional d 'assistance publique et de bienfaisance privte in 
France, and the Congresso di bcncficcnza in Italy. In Ger- 
many it is the German Association for Poor-Relief and 
Charity which, during its twenty-five years of existence, has, 
in the most thorough manner, discussed all questions that 
appertain here, and has exercised an extraordinary influence 
on state legislation, on the control of poor-relief in the 
cities, and on the development of private charity. In the 



314 PROBLEMS OF POVERTY 



United States, the National Conference of Charities and 
Correction and the State Conferences possess an equal im- 
portance. Very real service is also rendered by the Charity 
Organization Societies and the State Charities Aid Asso- 
ciation. International congresses for poor-relief and 
charity have been repeatedly held, for the most part in con- 
nection with the world's expositions, such as in 1856 in 
Brussels, in 1857 in Frankfort on the Main, in 1862 in Lon- 
don, in 1889 and 1900 in Paris, etc. At the international 
congress held in Paris in 1900 it was decided, through the 
appointment of a standing committee, that an international 
congress should be convoked at intervals of five years. 

In this connection there is still one point that deserves 
attention. The distinction between public and private poor- 
relief rests on the fact that the one is regulated by law, and 
the expense, coming out of the means of the rate-payer, may 
be contested ; while private relief is voluntary, and is admin- 
istered out of voluntary contributions. Nevertheless, the 
difference between public and voluntary relief is not so 
prominent in practical administration as theoretical consid- 
erations would lead one to think. Moreover, in countries 
of which voluntary poor-relief is characteristic, the civic 
authorities place very considerable public means at the dis- 
posal of those who manage this voluntary relief; while, on 
the other hand, in the poorer communities of Germany or 
England the public relief falls far short of the demands 
made upon it. Moreover, the prevalence of voluntary re- 
lief does not exclude the state or the community from ap- 
propriating means for single objects. Thus in France the 
care for children and the insane devolves upon the depart- 
ments, and the care for the sick, on the local communities, 
to which, however, the state grants considerable assistance. 
On the whole, the participation of the state and its greater 
associations in the burden of poor-relief forms a promi- 



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315 



nent feature of the modern development of public relief. 
The whole body of modern legislation on poor-relief in 
Germany, Switzerland, and Austria provides for consider- 
able state and provincial aid for poor-relief, and lays on the 
state or the province direct responsibility for the care of cer- 
tain classes of poor, for example, especially the insane, the 
infirm, and idiots. Moreover, a marked tendency to intro- 
duce, or at least to extend the sphere of public relief makes 
itself evident in the Latin countries, as in the French law of 
1895 concerning the care of the sick, in the Italian law of 
1890 on public charity, and in the proposed legislation in 
Belgium and the Netherlands which has not yet been dis- 
carded. 

These efforts to increase the sphere of public relief are at 
first surprising, and appear to stand in contradiction to the 
distinctive characteristics of the age in which we live — to 
counteract poverty rather by methods of prevention and by 
measures calculated to increase prosperity in general. Yet 
here there is no contradiction, but, on the contrary, a proof 
of the fact that poor-relief on its side has imbued itself with 
a knowledge of the importance of all such measures of pre- 
vention, and is directing its efforts to become what we 
to-day are accustomed to call "social relief." The legisla- 
tion on the education of abandoned children, the oldest of 
which dates back scarcely twenty years, rests on the prin- 
ciple of this knowledge. It administers poor-relief to the 
children with the aim of preventing the young who grow 
up under the direction of this law from falling in future 
years into a condition of poverty. A like tendency is dis- 
played by the societies for the prevention of cruelty to chil- 
dren, the juvenile courts, the promotion of immigration to 
Canada, the equipment of school-ships, etc. The care for 
disease has a far wider aim than the mere care of the 
patient It searches out the lurking-places of disease in 



316 PROBLEMS OF POVERTY 



order to tear it out by the roots. It is no wonder that new 
problems have everywhere sprung up, where the light of 
new sanitary and social knowledge has lit up the corners 
and holes of poverty, and where the young science of socio- 
logy has taught us to understand economic and social 
phenomena. One need here only call to mind the very 
recent movement for attacking tuberculosis and the abuse 
of alcohol. At the same time, this movement against tuber- 
culosis beyond all others makes very manifest how far we 
are still removed from a healthy condition of affairs, and 
how to-day, in spite of every effort, millions of our fellow 
beings still live in such unfavorable conditions in respect to 
lodging, food, and education, that they fall victims in 
frightful numbers to this disease. No one who knows the 
circumstances can help seeing that all these measures, such 
as dispensaries, sanatoriums for consumptives, and admin- 
istration of poor-relief, have no importance in comparison 
with the possession of permanent and remunerative employ- 
ment, which renders possible the procuring of sanitary 
dwellings and sufficient nourishment, and strengthens the 
power of resistance against that frightful disease. But just 
this knowledge points us the way, not indeed of solving the 
problem of poverty, but of bringing ourselves in some de- 
gree nearer its solution, in that we see in this knowledge, 
which has grown up out of the social subsoil of our time, 
the most important sign of progress, and in that we place 
the furthering of general prosperity and the elevation of the 
working classes before even the very best measures of poor- 
relief and charity. 

And here we must not be led astray by the fact that to- 
day these measures still demand an immense expenditure of 
public and private means, and that in the immediate future 
the question will be rather of an increase than of a diminu- 
tion of this expenditure. And so far as we strive to en- 



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317 



lighten the public mind in this sphere, and to effect improve- 
ment, we must always bear in mind that poor-relief and 
charity must always be content with the most humble po- 
sition among those measures which are directed against 
poverty. He who helps the needy to help himself does bet- 
ter than he who supports the poor. The most earnest effort 
of every true friend of the poor must always be directed 
toward making poor-relief itself superfluous. 



WORKS OF REFERENCE FOR THE DEPART- 
MENT OF SOCIAL SCIENCE 

(Prepared by the courtesy of Mr. Walter L. Sheldon, Bt. Louis, Mo.) 

Addams, Jane, Philanthropy and Social Progress. 

Buss, Encyclopedia of Social Reforms. 

Brooks, John G., Social Unrest 

Buckub, Henry T., History of Civilization, 3 vols. 

Comte, Augusts, Cours de Philo&ophie Positive, vols, rv-vi. (Trans- 
lated by Harriet Martlneau under the title of The Positive 
Philosophy of Auguste Comte.) 

Conrad, Handwdrterbuch der Staatswlssenschaften. 

Duphat, G. L., La Morale: fitude Psycho-soclologlque. 

Fairbanks, Arthur, Introduction to Sociology. 

Fouillee, A., La Science Soclale Contemporaine. 

Giddinos, F. H., Principles of Sociology. 

Huxley, T. H., Evolution and Ethics and other Essays. 

Jiierino, R. von, Der Zweck lm Recht, 2 vols. 

Kidd, Benjamin, Social Evolution. 

Lecky, William E. H., Democracy and Liberty. 

Leplay, E. F., La Constitution l'Essentlelle de lHumanltfi. 

LeTourneau, La Sociologie. 

Lilienfeld, Paul de, La Pathologle Soclale. 

Mackenzie, J. S., An Introduction to Social Philosophy, 2d ed. 

RoBERTY, E. de, L'fcthique; i, Le Blen et le Mai; ii, Le Psychlsme 
Social; in, Les Fondements de l'fithlque. 

Ruskin, John, Munera Fulveris. 
Unto This Last 
Time and Tide. 
Crown of Wild Olive. 

Schaeffle, A., Bau und Leben des Socialen Kdrpers, 2d ed., 2 vols. 

Small, Albion W., and Q. E. Vincent, An Introduction to the Study 
of Sociology. 

Spencer, Herbert, Principles of Sociology, 3 vols. 

Stephen, Leslie, Social Rights and Duties, 2 vols. 

Stuckenburq, J. H. W., Sociology, the Science of Human Society. 

Ward, Lester F., Dynamic Sociology, 2 vols. 

Wright, Carroll D., Outlines of Practical Sociology. 

Wuakin, Une Vue d 'ensemble de la question soclale. 

See also the Important collection of volumes. The Social Sci- 
ence Series, published by Swan Sonnenscheln £ Co. 

318 



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DEPARTMENT OF SOCIAL SCIENCE 319 



The following works In Ethics have Important bearings on the 
Regulative Department of Sociology 

Hoettoing, Harald, Ethlk, a translation from the Danish Into Ger- 
man. 

Paulsen, Fbiedrich, System der Ethlk. 
Spencer, Herbert, Principles of Ethics, 2 vols. 
Stephen, Leslie, The Science of Ethics. 

WUNDT, WlLHELM, Ethlk. 

The following novels deal with the social problem: 

Bellamy, Edward, Looking Backward. 
Eliot, Geobce, Felix Holt. 
Howells, W. D., A Traveler from Altruria. 
Kinoslet, Charles, Alton Locke. 
Morris, William, News from Nowhere. 
Zola, £mile, Travail. 

The following list of periodicals has been furnished at the re- 
quest of the Chairman through the Department of Sociology of the 
University of Chicago: 

American Journal of Sociology, University of Chicago; Annales 
de l'lnstitute des Sciences Sociales, BrusselB, Belgium; Annals of 
the American Academy of Political and Social Science, Philadelphia, 
Pa.; Archiv fur Kaufmannische Socialpolltik, Hamburg, Germany; 
Archiv fur Socialwissenschaft und Socialpolltik, Tubingen, Ger- 
many; Archiv fur Sociale Gesetzgebund und Statistlk, Berlin, Ger- 
many; Association catholique. Revue des questions sociales et 
ouvrleres, Paris, France; Charities, Charity Organization Society, 
New York City; Crltlca Sociale, Milan, Italy; Columbia University 
Studies in History, Economics, and Public Law, New York City; 
Culture Sociale, Rome, Italy; Humanite nouvelle, Paris, France; 
Johns Hopkins University Studies in Historical and Political Sci- 
ence, Baltimore, Md.; Iowa State University Studies in Sociology, 
Economics, Politics, and History. Iowa City, Iowa; Journal of Social 
Science, American Social Science Association, New York City; Jahr- 
buch fur Gesetzgebung, Verwaltung und Volkswlrtschaft im Deut- 
schen Reich, Leipzig, Germany; Justice, London, England; Monats- 
schrift fur christliche Social Reform, Basel, Switzerland; Musee 
social, Annales, Musee social, Memoires et Documents, Paris, 
France; Reiorme Sociale, Paris, France; Revue des ques- 
tions sociales et ouvrleres, Paris, France; Revue du Chrls- 
tianlsme social, Roubaiz, France; Revue Internationale de socio- 
logy, Paris, France; Revue Phllanthroplque, Paris, France; Revue 



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320 



BIBLIOGRAPHY: 



Bociale catholique, Louvain, Belgium; Riforma Social*, Turin, 
Italy; Revista, Internationale dl sclenze Bociall e discipline 
ausiliarle, Rome, Italy; Revista itallana de Sociologia, Rome, Italy; 
Schwelzerische Blaetter fttr Wlrtschafts- und Sozialpolltik, Bern, 
Switzerland; La Science soclale, sulvante la methode d' observation, 
Paris, France; Social Tldskrift, Stockholm, Sweden; Social Service, 
Institute for Social Service, New York City; Sociale Rundschau, 
herausg. vom K. arbeitsstatistischen Amte im Handelsministerium, 
Vienna, Austria; Zeltschrift fttr Soclalwlasenschaft, Breslau, Ger- 
many; Soziale Revue, Essen, Germany; Sozlale Praxis, Berlin, Ger- 
many; Zeltschrift fur die gesammte Staatswlssenschaft, Tttblngen, 
Germany; Zeltschrift far Volkswirtschaft, Social Polltik und Ver- 
waltung, Vienna, Austria. 



WORKS OF REFERENCE RELATING TO THE 
SECTION OF THE FAMILY 

(Prepared through th£jcourtesy of Professor George Elliott Howard) 

Adlek, Felix, "Ethics of Divorce," in Ethical Record, n, m, 1889- 
1890. 

Bebel, August, Die Frau und der Sozlalismus, 81st ed., 1900. 

Bebttllon, J., fitude Demographlque du Divorce, 1883. 

Bbtob, James, "Marriage and Divorce under Roman and English 

Law," in his Studies in History and Jurisprudence, I, 1901. 
Cairo, Mona, The Morality of Marriage, 1897. 
Commons, John R., "The Family," in American Journal of Sociology, 

vol. v, 1900. 

Congress on Uniform Divorce Laws, Proceedings, 1906. 
Cokvebs, D., Marriage and Divorce in the United States, 1889. 
Cook, F. G., "The Marriage Celebration," four articles In Atlantic 

Monthly, vol. lxi, 1888. 
Dike, S. W., Reports of the National Divorce Reform League and 
Its successor, the National League for the Protection of the 
Family, 1886-1905. 
"Statistics of Marriage and Divorce," In Political Science 

Quarterly, vol. rv, 1889. 
"Problems of the Family," In Century Magazine, vol. xxxix, 
1890. 

Theory of the Marriage Tie, 1893. 
Edson, Cybub. "The Evils of Early Marriages," In North American 

Review, vol. cxvin, 1894. 
Heinzen, K., The Rights of Women and the Sexual Relations, 1898. 

• ^ -. ■ * 
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DEPARTMENT OF SOCIAL SCIENCE 321 



How abo, George B., A History of Matrimonial Institutions, 3 vols. 
1904. 

"Marriage and Divorce," in Encyclopedia Americana, vol. 
x, 1904. 

"The Problem of Uniform Divorce Laws in the United 
States," In The American Lawyer, xiv, 1906. 

• Divorce," in (Bliss, W. D. P., editor) Encyclopedia of So- 
cial Reform, 1906. 
Mayo-Smith, Statistics and Sociology, 1895. 

Muirhead, J. H, "Is the Family Declining?" In International Jour- 
nal of Ethics, vol. vii, 1896. (An answer to C. H. Pearson, "De- 
cline of the Family," in his National Life and Character, 1893.) 

Oettincen, Alexander von. Die Moralstatistik, 2d ed., 1874. 

Potter, H. C, "The Message of Christ to the Family," in his Message 
of Christ to Manhood, 1899. 

Peabody, F. O., "The Teaching of Jesus Concerning the Family," in 
his Jesus Christ and the Social Question, 1900. 

Pearson, Charles H., "Decline of the Family," in his National Life 
and Character, 1893. 

Ross, E. A, Social Control, 1901. 

ScHREiNXB, Olive, "The Woman Question," in the Cosmopolitan, vol. 
xzviii, 1899. 

Shinn, Miixicent W., "The Marriage Rate of College Women," in 
Century Magazine, vol. l, 1895. 

Smith, Mary Roberts, "Statistics of College and Non-College Wo- 
men," in American Statistical Association Publications, vol. vii, 
1901. 

Snider, D. J., The Family, 1901. 

Snyder, W. L., The Geography of Marriage, 1889. 

Stetson, Charlotte P., Women and Economics, 3d ed., 1900. 

Strahan, S> A K., Marriage and Disease, 1892. 

Thwino, C. F., and C. F. B., The Family, 1887. 

Ward, Lester F., Dynamic Sociology, 2 vols., 1883. 

Pure Sociology, 1903. 
Wnxcox, Walter F., "The Divorce Problem," in Columbia College 
Studies, 2d ed., 1897. 
"A Study in Vital Statistics," in Political Science Quarter- 
ly, vol. vra, 1893. 
"The Marriage Rate in Michigan," in American Statistical 
Association's Publications, vol. rv, 1896. 
Whitney, H. C, Marriage and Divorce, 1894. 

Wood, Thomas D., Some Controlling Ideals of the Family Life in 

the Future, 1902. 
Woolsey, T. D., Divorce and Divorce Legislation, 2d ed., 1882. 



322 



BIBLIOGRAPHY: 



Wbioht, Carroll D., "Marriage and Divorce." in Christian Register, 
vol. lxx, 1891. 
Report on Marriage and Divorce, 1889. 



SPECIAL WORKS OF REFERENCE RELATING TO 
THE SECTION OF THE INDUSTRIAL GROUP 

(Prepared through the courtesy of Professor Richard T. Ely.) 

Brooks, J. G., The Social Unrest. 
Devine, Edward T., Principles of Relief. 
Ellis, Havelock, The Criminal. 

Henderson, Charles R., The Dependent, Defective, and Delinquent 
Classes. 

Howard, George E., History of Matrimonial Institutions. 
Lombroso, Criminal Man. 

Roscher, Wilh., Nationaldkonomie dee Ackerbaues und der ver- 
wandten Urproduction (System der Volkewirtschaft, 2 Band). 

So m bart, Werner, Socialism and the Social Movement in the Nine- 
teenth Century. 

Warner, Amos G., American Charities. 

Weber, Adna F., The Growth of Cities in the Nineteenth Century. 

Wilcox, Delos F., The American City. 

Woods, Robert A. (Editor), The City Wilderness. 

Zueblin, Charles, American Municipal Progress. 



WORKS OF REFERENCE RELATING TO THE 
SECTION OF THE DEPENDENT GROUP 

(Prepared through courtesy of Dr. Emit MQnsterberg.) 

Chalmers, The Christian and Civic Economy of Large Towns, Glas- 
gow, W. Collins, 1821-26. 

Chance, The Better Administration of the Poor-Law, London, J. Son- 
nenscheln, 1895. 

Dekouin, Gory, Worms, Traite Theorlque et Pratique d* Assistance 

Publ i que, Paris, Libralrie Larose, 1900. 
Dkvine, Edward T., The Principles of Relief, New York, The Mac- 

millan Company, 1904. 
Gerando, De la Bienfaisance Publique, 4 vols., Bruzelles, 1839. 
Lallemand, Histoire de la Charite, Paris, A. Picard & Fils, 1902. 



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DEPARTMENT OF SOCIAL SCIENCE 323 



Monnier, Histolre de l'Assistance Publique dans les Temps Anciens 
et Modernes, Paris, Guillaumin ft Cle, 1886. 

MOkstebbebg, Emil, Die Deutsche Armengesetzgebung und das Ma- 
terial zu ihrer Reform, Leipzig, Duncker ft Humblot, 1887. 

Nichoixs, A History of the English Poor-Law, in Connection with the 
State of the Country and the Condition of the People, 3 vols., 
London, King ft Son, 1898. 

Wabneb, American Charities, A Study In Philantropy and Econo- 
mics, New York, J. Crowell, 1894. 

Wobms, Le Droit des Pauvres, Revue Philanthropique, vols, v, vi. 

Die Armenpflege, Einfuhrung in die Praktlsche Pflegetatigkelt, Ber- 
lin, O. Liebmann. 1897. 

Bibliographic des Armenwesens (Bibliographic Charitable), Berlin, 
Carl Heymann's Verlag, 1900. Dazu I. Nachtrag, 1902. II. Nach- 
trag, 1906. 

Schrlften des DeutBchen Vereins fur Armenpflege und Wohltatigkeit, 
Heft 1-71, 1904, Leipzig, Verlag von Dunker ft Humblot 

Annual Reports of the Local Government Board, London. 

Proceedings of the Central and District Poor-Law Conferences, with 
the papers read and discussion thereon, London, P. S. King ft 
Son. 

Proceedings of the Annual National Conference of Charities and Cor- 
rections, United States. 

Conseil Superleur de l'Assistance Publique, PariB. Fascicules. 

Congres National d'Assistance Publique et de Bienfaisance Privee, 
in, Congress, Bordeaux, 1903. 

ADDITIONAL WORKS OF REFERENCE FOR THE 
SECTION OF THE DEPENDENT GROUP 

(Prepared through courtesy of Professor Charles R. Henderson.) 

Amebic an Library Association, Catalogue, 1904. 
Devine, Edward T., Principles of Relief. 

Henderson, Charles R„ Introduction to the Study of the Dependent, 
Defective, and Delinquent Classes, ed. 1903. 
Modern Methods of Charity, 1904. 
Warner, A. O., American Charities. 

These books contain references and bibliographies. 



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