UC-NRLF B 3 b3T TMD REPRESENiliif iii liillll ii II HI WILLIAM il^P|i]||liiiiiil liillH^^^^^^^^ m mm: ijiilil JAMES STOKES LECTURESHIP ON POLITICS NEW YORK UNIVERSITY REPRESENTATIVE GOVERNMENT IN THE UNITED STATES REPRESENTATIVE GOVERNMENT IN THE UNITED STATES Being the Opening Lecture of the 'Jamei Stokes Lectureship on Politics, at Nov Tork Uni-versity WILLIAM HOWARD TAFT THE NEW YORK UNIVERSITY PRESS }2 VVAVERLY PLACE, NEW YORK CITY I92I Of thii Lecture, fivt hundred copies ha-ve been printed, iv hereof four hundred and se-venty are reser-ved for pri-vate distribution. Copyright, igsi, by the Neiu York Uni-versity Press. T2.3 THE NEW YORK UNIVERSITY PRESS Committee of Publication Arthur Huntington Nason, Ph.D., Chairman Director of the Press Harold Dickinson Senior, M.D., Sc.D.. F.R.C.S. Theodore Francis Jones, Ph.D. KENNEBEC JOURNAL PRESa AUGUSTA, MAINE PREFATORY NOTE MR. JAMES STOKES (A.B., 1863, LL.B., 1865, New York University), who died at Ridgefield, Connecticut, October 4, 1918, made a generous bequest to his alma mater, with the provision that a certain portion of the annual income should be used in maintaining a course of public lectures, under the auspices of the Council and Faculty of the Uni- versity, "which lectures should have as their chief object the inculcation of the obligation and necessity of maintaining a high moral standard in politics and legislation and administration of political affairs of my own country, and upon means by which the same may be obtained." The course of lectures was founded in memory of his father, James Stokes, and of the donor. The opening lecture of the James Stokes Lecture- ship on Politics, which forms the content of this volume, was delivered in the Town Hall, New York City, on Saturday evening, April 30, 1921, Chan- cellor Brown presiding. 477«)(I REPRESENTATIVE GOVERNMENT IN THE UNITED STATES REPRESENTATIVE GOVERNMENT IN THE UNITED STATES T has become the fashion to deplore the f aihngs Complaints against ^ Representative I of our Representative Government. The hopes ^y^tem and anticipations of enthusiastic patriots of one hundred and fifty years ago are compared with the various defects of the system; and, while some rem- edies are suggested, the objections to them are evi- dent, and we are left in a somevv^hat hopeless state. When we analyze the views of these pessimists, we extract the admission that democracies of consider- able size cannot be governed at all without the repre- sentative system, and, therefore, that we must make the best of it, with such modifications as may strengthen its useful operation and restrain it from being misrepresentative of the people's will. Shall we admit that our government is a failure? Shall we admit that, in the one hundred and thirty-five years of its Hfe, it has not had useful operation? That we must do, if we are to admit the premise that representative government is a failure. 3 REPRESENTATIVE GOVERNMENT Our Federal Gov- There is 110 sovernment in the world that is so ernment purely ^ Representative strictly representative as the government of the United States under the federal Constitution. It vests the ultimate power of government in the peo- ple, but it secures to them the exercise of that power only through representatives. The selection of the President is not put directly in the people, but in an Electoral College, the members of which are to be appointed in the states in any way a state thinks of. The Senate is made up of two representatives from each state, large or small, and originally was elected, not by the people, but by the state legislatures. The House of Representatives is the only branch of the government whose members were to be the direct choice of people. The Judges are appointed by the President and confirmed by the Senate, and so are the chief executive subordinates of the Presi- dent. No single executive or judicial officer in the government is elected directly by the people. It is true that, since the Constitution was adopted, the members of the Electoral College, who were intend- ed to exercise their judgment in selecting the proper man to be President, have by custom and in fact lost this power. They are now only a machine for regis- 4 IN THE UNITED STATES terino: the people's votes for previously ascertained ^"^ Federal Gov- ^ r L X J ernment purely candidates, with weight proportioned to the popula- Representative tion of the states that elected them members of the college. So, too, the members of the Senate are now elected by the people. These two slight changes, however, do not defeat the evident purpose of the constitution-framers to create a new government which should have permanence and safety by avoid- ing the temporary winds of popular passion. The | .^ checks and balances intervening between the direct expression of the popular will and its ultimate con- trol are greater than in most popular governments. The rigid term of four years by which the Execu- tive remains in power, no matter how strongly the people may give their verdict against him in the mid-term Congressional election, the six-year term of each of the senators, arranged in three classes, so that only one-third of the Senate can be changed every two years, and the certain full two years of each House of Representatives, however great the change in popular sentiment in a shorter period, are all adapted to secure the same stability. The same feature is shown in the machinery for the amend- ment of the Constitution. To change it, two-thirds 5 REPRESENTATIVE GOVERNMENT Our Federal Gov- ernment purely Representative Our Government Oldest and Strong- est Popular Gov- ernment in the World of each house of Congress and the legislatures of three-fourths of the states must concur. This is not a referendum to the people; it is a referendum to the people's representatives, and enforces delay and de- liberation by the people before a change. We are not a pure democracy governing by direct action, and the great men who framed our Constitution studiously avoided making us so. Ours is the oldest popular government in the world, and is to-day the strongest and most con- servative. It is not an oligarchy or an aristocracy under the guise of republican forms, and it never was. The people do rule and have always ruled in the United States. They have their will; but they have it after a wholesome delay and deliberation which they have wisely forced themselves to take under the restrictions of a constitution which, origi- nally adopted by however small a popular vote, they have fully approved by one hundred and thirty years of acquiescence. It is this voluntary self-restraint that has made their government permanent and strong. It is a fundamental error to seek quick ac- tion in making needed changes of policy or in re- dressing wrong. Nations live a long time, and a 6 IN THE UNITED STATES year or five years is a short period in their Hfe. 5«r Government •^ Oldest and Strong- Most wron7 REPRESENTATIVE GOVERNMENT Objections to Ref- erendum and Initiative The General Primary power will be withdrawn in the states where it now exists; but I do look for the surrounding of its exer- cise by limitations and exceptions, so as to make it operative in fewer and fewer cases, until it ceases to be a matter of much importance. One of the evidences of popular distrust in the representative system has been the adoption of the General Primary, and it has had a much wider acceptance than either the initiative or the referen- dum. In the organization of parties, it was natural and logical to use a representative system in the determination of party policy and the selection of party candidates; and so delegates to a convention were selected by small party units for the city, the county, the state, and the nation; and the delegates sitting in convention selected the party candidates for the city, for the county, for the state, and for the nation. A party was treated in the old time as a voluntary association which was usually out- side the law and not to be regulated by it. This condition was seized upon by the bosses and corrupt machines as a means of fastening their power upon the party. The meetings or caucuses in which the delegates 38 IN THE UNITED STATES were selected were taken control of, the conventions Conventions Corrupt were filled with the creatures of the boss, and many who are not his creatures were suborned, so that the corrupt rule of party organization was estab- lished, and maintined for sinister corporate and other purposes. In the awakening, which I have described, at the Conventions Abolished beginning of this century, a hue and cry was raised for the abolition of the convention as the cause and means of corruption. Legislatures forbade con- ventions, and passed elaborate laws for the selection of officials by a general party primary, that have been in operation now for nearly twenty years. The national convention still remains; but the selection of delegates to that convention is regulated in many of the districts and states by the general primary law. We have had a fairly good opportunity to judge of its operation. It did destroy corruption in conventions, because it abolished them. Did it destroy the machine nomination of can- Primary Did Not Destroy Machine didates? I think not. One objectionable assump- Nominations tion in the primary law is that no man can be a candidate for office who does not seek it. He must make himself an applicant in a formal method. The 39 REPRESENTATIVE GOVERNMENT Primary Did Not Destroy Machine N ominations No Responsibility for Fitness of Candidates door is Open to all who seek. Their names are placed upon a ticket, and the choice is made of him who has a plurality of the votes as the candidate of the party. The number of candidates and the small vote at a general primary as compared with the total electorate, enables the organization, which al- ways has at its command more active workers, to secure in any ordinary primary a plurality for the organization candidate, unless there is some active candidate who has himself created an organization to call out the vote. But such an organization re- quires money legitimately spent and a great deal of it. The result therefore usually is that the can- didate is either the candidate of the organization or a wealthy man who has spent a large amount of money to beat the organization candidate. All other candidates usually fail. The boss is not dethroned. There is no responsibility upon the party or a party organization for the selection of a candidate. The result is supposed to be the people's choice, and neither the boss nor the machine is responsible. In a primary that covers an extensive district, it is impossible for the great bulk of the voters to know the candidates or to discriminate between them; 40 IN THE UNITED STATES and all sorts of fortuitous circumstances determine ^^o Responsibility for Fitness of the choice, rather than a knowledge of the fitness Candidates of the person selected. The man whose name be- gins with "A" and is therefore first in the list, has a much greater chance of selection than he whose name begins with a letter far down the alphabet. Any sort of notoriety, whether based on commend- able qualities or not, secures support. The choices are made without discrimination, therefore, and the average fitness of the candidates for office has been distinctly lowered throughout the region where the general primary has been in operation. It is asked, "Would you restore the old corrupt Convention Sys- _ . -„ „ . , , , , tern under Practi- convention t Ui course one would not have the cai Restrictions . . . , , , , never Given a old corrupt convention, although one must say that. Trial even under that boss-ridden and corrupt system, there was some sense of responsibility in the choice of candidates, now absent, growing out of the fear of an adverse verdict at the polls if some competent men were not put upon the ticket. There was a chance under that system for the ofifice to seek the man; but, under the primary system, that is impos- sible. It is enough to say that the convention sys- tem was never given any opportunity to demonstrate 41 REPRESENTATIVE GOVERNMENT Convention System its uscfulncss bv mcasures to Safeguard it against under Practical Restrictions never corruption. The legislature can make as precise Given a Trial and careful provisions for the selection of delegates to a county or a state convention as it does to the election of candidates in a general primary. It can surround the certificate of election and the seating of the lawfully selected delegate in the convention with the same protection as it now gives to the title of a candidate elected in a primary. An honestly elected set of honest delegates to a convention make up a deliberative body far better able, because with more knowledge, to select competent candidates for the offices to be filled. Bribery in such a convention can be made a crime as any other violation of the safeguarding law may be. The general primary does not avoid corruption where wealthy men are candidates, and it greatly increases the amount of money used by candidates. 'DepHvis^Part'^^f ^ great abusc under the general primary system Legitimate Self- j^^s been that the loyal members of the party have control •' r J often been prevented from making their own selec- tions, by the intervention of men who claim the right to vote, as members of the party, but who are really not so, and who intend to vote the other party 42 TN THE UNITED STATES ticket. A convention will be easily able to see to it General Primary Deprives Party of that no delegate is admitted who is not a loyal mem- Legitimate Seif- conirol ber of the party. It should be made a sine qua non of admission to the convention. A party has a right to determine for itself its policies and its can- didates ; and it has a right to exclude from its coun- cils and the selection of its candidates the partici- pation of non-members. The general primary has tended to break up the Primary Tends to ^ ^ -^ ^ Destroy Useful great parties, to destroy their organization, to create Parties factions in them prompted by selfish motives. It has given an opportunity to hostile groups, like the Non-Partisan League, for instance, in North Dakota and Minnesota, to capture the party ma- chinery, although it was well known that their action was for the purpose of destroying the party. This, as I have attempted to shov/, is not in the public interest. These new devices and the fact that they have Suceess of Ret>re- sentative System been given wide use, are evidence of a dissatis- Depends wholly on People faction with the representative system where they prevail. But I think the careful observer will note that there has been a reaction from further adoption of them, and that this has been brought about by 43 REPRESENTATIVE GOVERNMENT Success of Repre- the perception of most people that the best way to sentative System Depends wholly on jret rid of 8:overnmental abuses under the repre- People ^ ^ sentative system is for the people themselves to "get busy" and manifest in their votes a discour- aging hostility to those who stand for such abuses. This change in the people's attitude has worked a great reform; and the questionable mechanical de- vices like the initiative, the referendum, and the general primary, have been seen to be unnecessary. The representative system is the only system by which we can maintain and carry on successful popular government in a democracy like ours. It is a failure when the people fail in their duty; and its success will be maintained as long as the people maintain their sense of obligation as citizens. Cer- tainly the people of the United States have no reason to give it up; for, in this welter of war and destruc- tion and destructive reconstruction, there is no other country whose government has seemed so strong and so useful to its people. Difficulties of In the consideration of the faults disclosed by our Government ivith . ^ .... Immigration representative system of government and m makmg allowance for those faults, we can not omit the burden that our form of government has had to 44 IN THE UNITED STATES carry in our attempt to assimilate so many millions Difficulties of . Covernment with of foreign born who have come to this country as immigration a refuge and as a place where they can enjoy our equaUty of opportunity. We were more successful in the beginning in making these immigrants part of our body politic than we have been of later years. Then the immigrants were of a better class. When they came here, they were distributed in such a way among the native born that they breathed in the spirit of our institutions and became Americanized very much more quickly and more thoroughly than the immigrants who come to-day. Millions of them do not speak our language; many of them have a prejudice against all government, and do not have the sympathy with our institutions which makes for real assimilation. They are crowded in communi- ties where they are able to keep up their old country relations and customs and language, and they use this country only as a means of earning a livelihood, and not with any idea of supporting the government and becoming a part of it, but rather with the hope of some day overcoming it in the interest of a vague socialist or anarchistic state in which they are to share in the wealth they see and envy. It is they 45 REPRESENTATIVE GOVERNMENT Difficulties of who form the nucleus of the sociaHst party. It is Government zvith '■ -^ Immigration they who Strengthen the anarchistic group. It is ; they who are with us but not of us; and it is they who are easily made the instrument of demagogues or the tools of corruptionists. They present a great I difficulty. Still, in the next generation, with edu- cation for their children, with the accumulation of property enough to create conservative tendencies in them, we may hope for better things. While we all deplore the war, the searching investigation and test of the loyalty of these men and the analysis of their tendency and purpose were most useful in the solving of the problem they presented. We may hope that the present serious movement for the Americanization of these elements of our population will lessen the danger of their presence in our com- munity and remedy the failings of the representa- I tive system for which their presence has in some degree been responsible. Lord Bryce's Lord Bryce wrote a book fifty years ago, in which Conclusions he described the working of our government and its faults, called The American Commonwealth. He has just published a second work on Modern Democ- racies, in which he discusses the strength and weak- 46 IN THE UNITED STATES ness of the various forms of Democracies which he f^^^'-d Bryce's Conclusions regards as types. He has taken France and Switzer- land in the old world, Canada and the United States in this, and Australia and New Zealand in the far Southern seas. After a re-examination of condi- tions with us, and a reference to particular dangers in Democracies, including, in our case, labor trou- bles, and over immigration, he says: "America is better fitted than are European coun- tries to face any industrial strife that may arise, for no other people, except the Swiss, values so highly its institutions and the principles of ordered liberty embodied therein. In America, Democracy has the best guarantee against Revolution, "The history of the Republic furnishes an in- structive example of the perpetual conflict between the forces of Idealism and the forces of Selfishness. The first generation set out with an idealistic faith in Liberty, in Equality, and in the wisdom of the People. The second and third generations, absorbed by the passion for the development of their country's resources and distracted by the struggle over negro slavery, allowed abuses and corruptions to grow up, 47 REPRESENTATIVE GOVERNMENT Lord Bryce's left practical politics to be dominated by a self- Coiuiusions constituted oligarchy of professionals, and, without losing their theoretical devotion to liberty, forgot that monarchs are not its only enemies and that it may be threatened by money as well as by arms. Then in the fourth and fifth generations there came an awakening. The recuperative forces in the nation asserted themselves. Both the old par- ties (so far as their organizations went) failed to give the guidance needed, and there was much grop- ing and stumbling in search for remedies to cure the evils which all had begun to perceive. But the forces that were making for good have continued to gain strength. The old ideals of a government which shall be pure as well as popular, and shall unite the whole people in a disinterested patriotism that values national righteousness as well as na- tional greatness, have again become beacon lights of inspiration. "No Englishman who remembers American poli- tics as they were half a century ago, and who, having lived in the United States, has formed an affection as well as an admiration for its people — What Englishman who lives there can do other- IN THE UNITED STATES wise? — will fail to rejoice at the many signs that Lord Bryce's Conchisions the sense of public duty has grown stronger, that the standards of public life are steadily rising, that democracy is more and more showing itself a force making for ordered progress, true to the principles of liberty and equality from which it sprang." 49 RETURN CIRCULATION DEPARTMENT 10^^ 202 Main Library LOAN PERIOD 1 - HOME USE 2 3 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS REMEWALS AND RECHARGES MAY BE MADE 4 DAYS PHtOW TO DUE DATE. LOAr. PERIODS ARE 1-MONTM, 3-MONTMS. AND 1-YEAR RENEWALS: CALL <415> 642-3405 DUE AS STAMPED BELOW im 01 lyyi AOTO mu . . : -4 . FORM NO. DD6, 60m, UNIVERSITY OF CALIFORNIA, BERKELEY 1/83 BERKELEY, CA 94720 U.C. 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