o c Cbe n\im\ Bulletin Published Monthly by Miami University And Entered at th€ Post-office at Oxford, O., as Second Class Mail Matter. Series IV. November, 1905. Number 9. The Baccalaureate Oration Delivered on the Occasion of the Eighty-first Annual Commencement of Miami University at Oxford, Ohio The Miami Bulletin PUBLISHED MONTHLY BY MIAMI UNIVERSITY AND ENTERED AT THE POST-OFFICE AT OXFORD, OHIO, AS SECOND-CLASS MAIL MATTER. Series IV. November, 1905. Number 9. The Baccalaureate Oration Delivered on the Occasion of the Eighty-first Annual Commencement of Miami University at Oxford, Ohio, The Fifteenth Day of June, Nineteen Hundred and Five, By His Excellency The Honorable William Howard Taft, LL.D. Secretary of War. Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/baccalaureateoraOOtaft The Baccalaureate Oration The Hon. William Howard Taft, LL.D. Mr. President, Ladies and Gentlemen of Miami University: I count it a great honor and opportunity to deliver the Com- mencement Address at this venerable institution of learning. I felicitate myself much also at being able to be present on the sixtieth anniversary of the graduation of the president of your board of trustees, Mr. John W. Herron, whose assocation with this univer- sity as a student, as an alumnus and as a trustee, has been one of the great joys of his long, distinguished and useful life. Miami University, growing as it did out of the impulse to edu- cation and higher learning which the Ordinance of 1787 was intended to give, is a type of that class of colleges throughout Ohio and the West which it has been the custom of those who are impa- tient with the day of small things to decry on the ground that if all of their class were united in one great institution of learning it would result in a university of great means, of commanding influ- ence, and of the widest usefulness. To this complaint, it seems to me, Mr. Bryce in his ’’American Commonwealth” makes complete answer when he says : “They set learning in a visible form, plain, indeed, and humble, but dignified even in her humility, before the eyes of a rustic people, in whom the love of knowledge, naturally strong, might never break from the bud into the flower, but for the care of some zealous gardener. They give the chance of rising in some intellectual walk of life to many a strong and earnest nature, who might otherwise have remained an artisan or storekeeper, and perhaps failed in those avocations. * * * some of these smaller Western colleges one finds today, men of great ability and great attainments, one finds students who are receiving an education quite as thorough, though not always as wide, as the best Eastern universities can give. * * * Q^e who recalls the history of the West during the last fifty 3 years, and bears in mind the tremendous rush of ability and energy towards a purely rrtaterial development, which has marked its people, will feel that this uncontrolled free- dom of teaching, this multiplication of small institutions, have done for the country a work which a few state-regu- lated universities might have failed to do.” An historian of Miami University advises us that in the earlier days of its history it was frequently referred to as “The Yale of the West”, because of the high rank it took immediately after its open- ing in 1824 as an institution of learning, and because of the promi- nence reached by its graduates in public life. There is something of an individual and peculiar character in the atmosphere of certain colleges which has an effect upon the lives of those who are edu- cated there, and directs them in a course which leads on to promi- nence and usefulness in political and other walks of life. The four years between eighteen and twenty-two, are four of the most import- ant years in the framing of man’s character and when not only the influence of the faculty but the public opinion of the student com- munity all make for hard work, sincerity of purpose, self-reliance and thoroughness, and the highest ambitions, we can be sure that this does have an effect upon the after life of the boys who make up the community and are subjected to the influence of its ideals. The boys who graduated here, were in the beginning set right as to the real things of life and those which go to make up its suc- cesses. They were filled with no hopes that anything could be won except by effort. They were led by no conventional ideas to suppose that there was a royal road in the professions, in business or in poli- tics. They left their Alma Mater with the consciousness that no work which was honorable was beneath them, and that success was impossible without a willingness to accept any burden which circum- stances might cast upon them. The spirit of debate, cultivated as it was in these academic groves, fitted men for political, forensic and pulpit discussion and oratory, and it is no wonder as we look back upon the honor roll of the graduates of this university, that we find three of the distinguished War Governors, Yates, Morton and Dennison, among its graduates, or that we find so many Represen- tatives and Senators in Congress who hail Miami as their Alma Mater and rejoice in expressions of gratitude toward her and her early influences. Benjamin Harrison, President of the United States, a son of Miami and one of the ablest men of the country. 4 showed in the sturdiness of his character, in his thoroughness, pro- found learning and able reasoning as a lawyer, and in his pure, simple style of speaking and writing, the advantage of an education in a college in which were encouraged force and eloquence and Eng- lish, pure and undefiled. I invite your attention this morning to a consideration of some of the important issues of the day presented to the American people. It is not a bad idea every little while, as mariners do upon their course, to take an observation and to look back upon the path we have traveled, and to consider, so far as we may, the obstacles that lie before us. Of course, in the limit of an hour’s address the con- sideration which may be given to each living question, must be most cursory and yet, sometimes, a rapid resume is conducive to a proper sense of proportion. This is a great country. Its material growth in the last forty years, exceeds anything in the history of the world. The development of invention, of manufactories and the organization of tremendous industrial and railroad enterprises are phenomena not before seen. The inventive genius of the American, applied first to mechanics and machinery, was soon after turned to the union and organization of men and capital, all devised for the purpose of reducing the cost of producing the necessitites or the luxuries of modern civilization. The aggregation of capital, and of plants, and of factories under one head, the union of railroads in great trunk lines, spanning the country, were as inevitable developments of this great material progress as the assembling of the parts of a machine for an easier manufacture than that by hand. It has been productive of the greatest good. It has brought comfort into the houses and the lives of the poor and it has made for them what were luxuries, necessities. The general cost of living may have increased, but so has the general ease with which life is lived increased, and in the pursuit of happiness therefore by the whole people, the steps that have been taken in the last fifty years, exceed those of many previous centuries. The enormous expansion of business in every conceivable direction, the gigantic risks assumed in the investments of capital to accomplish results unknown or unforseen save by the daring projectors of new enterprises, have only been possible because of the freedom which the laws of this country have afforded to the individual, and the certainty he has had that he would be able to enjoy unmolested, the rewards of his industry, his integrity and his 5 business courage. During, however, this rapid increase in capital, there was also a rapid increase in competition, until it has almost seemed that competition instead of being the life ot trade, was likely to kill it. To protect themselves, merchants combined to prevent competition, and through the desire to suppress its evils, have come certain abuses in the industrial world which are comprehended under the term; generally, “unfair trade”. These include secret railway rebates, and discriminations, monopolies in the manufacture and sale of articles of common sale, boycotts, unlawful strikes, and lock' outs, and other unlawful restraints of trade. These evils are really an accompaniment difficult to escape in our enormous business expansion. Many evils, I am convinced, which now seem threaten- ing will cure themselves. Others may need greater governmental restraint than has thus far been given, but whatever action is taken, it should always be moderate in the restriction of individual energy, resourcefulness and thrift. Among the instances of unfair trade I have given, are the evils due to the organization of capital and the evils due to the organization of labor. The millenium is not at hand, and we may expect to have with us all our lives, the friction between labor and capital, which experience seems to show it is impossible wholly to dispense with. All that the public can hope to do is to suppress disorder with an iron hand, and by affording opportunities for voluntary compromise and conciliation, to make the controversies which are suicidal, both for capital and labor, of as little extent and duration as possible. The evils of monopoly, that is of the suppression of competition and the exercise of a cer- tain duress in the matter of prices and in the matter of doing busi- ness, which great corporations are now able to bring to bear upon the wholesale and retail trade, as well as the illegal boycotts by great labor unions, can ultimately be met by statutes drawn to suit the many faced devices for an undue use of the power which accumu- lated wealth and resources on the one hand, or organized numbers on the other, give. I do not intend here to consider these subjects which are of the utmost importance, but which call for such special discussion as to make it impossible to do them justice, in an address like this. One phase of this enormous material development and the enriching of many of our fellow citizens, which I hope the next generation will show, is the creation of a class of men not dependent upon their own efforts for their livelihood, who can devote more 6 and more of their time to public and political matters. Every man who has a competence and who has in the slightest degree a capacity for dealing with public affairs and for influencing his fellow citizens to better things, is charged with a sacred trust of devoting all the time he can to the betterment of the government in which he lives. Now I am sure that class is largely on the increase, and as the great fortunes which have been accumulated by the recent increase in wealth, shall be distributed by the death of their present owners and divided among the heirs, we may expect to find a great number of those thus enriched, free from the feverish desire to accumulate additional wealth, content to live upon what they have, and spurred on to a higher and nobler ambition to aid their fellow men. I would not minimize the importance of a motive for acquisition and accumulation in many members of every community, that expects to progress toward greater material prosperity, and even intellectual development, but there is no present danger that the motive for acquisition will become so weak among our people as to injure this country’s progress. On the contrary, it may well give way in the minds and hearts of many of our well-to-do citizens to a more commendable ambition, to take part in the government of the country and to assist either in the precinct, the ward, the county, the state or the United States, to make the government the ideal demo- cratic government which it was the purpose of our forefathers to found. Another encouraging feature of the present increase of wealth, is that a large proportion of this increase has been in the South, a part of our country which heretofore has been largely agricultural and poor. The change in the material conditions in the South, in spite of the political difficulties that certainly are there, is creating a better state of things with reference to the racial question. The work of Booker Washington in teaching his people how to use tools instead of giving them a superficial university education which they cannot use, added to the industrial demand for skilled labor will, I am certain, put the negro population in a better condition materially, and when that is brought about, their spiritual and intellectual uplift- ing is much easier. The Southern states are engaged in adopting constitutions which seem intended to exclude the negro from the ballot, in fact without infringing the fifteenth Amendment so palpa- bly, as to lead to their annulment by the supreme court. I am hop- ing earnestly that experiments of this sort will fail ; but if they will 7 lead to a result in which the laws shall exclude ignorant whites and blacks equally from the ballot, then no one can quarrel with the procedure which will be square and honest. A new set of problems are presenting themselves for solution in our foreign policy. The enormous material expansion of this country, accompanied by the historical and present evidence of its capacity to carry on to successful issue a costly war, and the peculiar position which we hold among the powers of the earth as the one which is not desirous of acquiring additional territory, have given our nation a unique position of influence for good throughout the world. This is due also to its having assumed control of the Philippine Islands, of the Hawaiian Islands and of Porto Rico, and its undertaking to build the Panama Canal. These measures have given it a standing among the nations beyond that which could be accorded by them to one, which had no insular possessions and con- fined itself within the seas. The powerful influence which it has exerted to bring about peace between the Russian and Japanese nations, is itself an evidence. President Roosevelt has felt justified in speaking to the belligerents a message from the world, that the time has come for a settlement by peaceful means of the controver- sies between the two nations and for an ending of the awful loss of life and property and 'of the woeful disturbance of business that a continuance of the war entails. The personality of the president has had much to do with the willingness of the powers to allow him to intervene. Confidence in his impartiality and integrity have doubtless aided our national prestige in securing this end devoutly to be wished. But while we are pluming ourselves on having advanced far towards the ideal of a civilized nation, it is well for us to consider some other issues in respect to which we have taken a position whfch is not only wrong in principle, unjust in operation, but most inexpe- dient and unwise in policy. After years of controversy with the Chinese Empire over the subject, in some of which we cannot escape the charge of having broken a Chinese treaty rights by our legisla- tion, we reached an agreement with the representatives of the Middle Kingdom by which they agreed not to object to our exclusion from this country of the coolie labor of China. It would seem that we may properly object to the introduction into this country of laborers who do not become a part of the real population of the country. 8 who refuse to amalgamate and to stake their all as citizens of this Republic, and whose habits and views of life are so much at vari- ance with those of our civilization as to make it impossible for them to ever become a useful and intelligent part in this self-governing community. The Chinese Government seems willing to concede this, but the extreme feeling on this subject on the part of some of our people, has led to a severity in the statute and the enforcement of it which the Chinese Government feels, and justly feels, justifies it in asking for a change. It appears that in the effort to catch in the meshes of the law every coolie laborer attempting illegally to enter the country, we necessarily expose to danger of contumely, insult, arrest and discomfort the merchants and students of China, who have a right to come to this country under our treaties, and who come here for the purpose of establishing a bond of commercial union between this country and China, or of taking from this country, familiarity with the best of our institutions to aid the older but retarded civilization of the Chinese Empire. Is it just' that for the purpose of excluding or preventing perhaps one hundred Chinese coolies from slipping into this country against the law, we should subject an equal number of Chinese merchants and students of higher character to an examination of such an inquisitorial, humiliating, insulting, and physically uncomfortable character as to discourage altogether the coming of merchants and students? Ever since the Boxer war, when America was able to show her friendship for China and her disinterestedness and freedom from the land-grabbing spirit of some other nations, China has regarded the United States as her best friend. One of the great commercial prizes of the world is the trade with the four hundred million Chinese. Ought we to throw away the advantage which we have by reason of Chinese natural friendship for us and continue to enforce an unjustly severe law, and thus create in the Chinese mind a disposition to boycott American trade and to drive our merchants from Chinese shores, simply because we are afraid that we may for the time lose the approval of certain unreasonable and extreme pop- ular leaders of California and other coast states? Does the question not answer itself? Is it not the duty of members of Congress and of the executive to disregard the unreasonable demands of a portion of the community deeply prejudiced upon this subject in the far West, and insist on extending justice and courtesy to a people from whom we are deriving and are likely to derive such immense benefit 9 in the way of international trade? We must continue to keep out the coolies, the laborers ; but we should give the freest possible entry to merchants, travelers and students, and treat them with all cour- tesy and consideration. Another issue which is before us and is likely to continue to be before us, is the attitude which we shall occupy with reference to the Monroe Doctrine. That doctrine has been accepted apparently by both parties, and therefore by nearly all the people, as one which we should enforce at the cost even of peace. It is that no European power shall be permitted to colonize, or to overturn the government of, and take possession of, any territory in the Western hemisphere. Now in the Western hemisphere, there are some rather weak repub- lics. They have contracted debts with European powers and with subjects of European powers, and then have repudiated and refused to pay them. Such debts it has not been the habit of the United States to attempt to enforce by war or threats of war against the government owing them, but the European governments have insisted that when all other recourse is gone, they must be given an opportunity by force of arms to give a lesson in honesty to the offending nation and to seize its customs houses and collect their debts. This has been done so frequently as to become a practice, and the question which arises is how far the United States should intervene in forcible proceedings like this, to prevent a mere seizure for temporary purposes from being lengthened out into a more or less permanent occupancy or control which will be a violation of the Monroe Doctrine. Under the influence of the doctrine, the people of the United States have become exceedingly sensitive whenever a European government sends a force to threaten one of the South American or Central American republics, and this Government has always felt called upon to use its good offices to prevent a complete destruction of the existing government. The result has been that the European governments have been disposed to throw upon the United States more or less responsibility for the good behavior of the Central American and South American republics. They have not specifically dissented from the Monroe Doctrine as the United States has a number of times announced it, but they have said that “If you propose to introduce a protectorate over these republics to the extent of preventing our taking them under our control in order to collect a debt, then we must look to you as the guardian or pro- tector of these countries and insist that you shall require these lO republics to keep their houses in order, and shall make provision for the payment of their just debts lawfully contracted by their gov- ernments.” It seems to me that this is not an extension, but a mere corollary of the Monroe Doctrine and involved in the assumption of our pro tanto protectorate over our sisters of Central and Soutl\ America. We are just now engaged in lending a helping hand to the Republic of Santo Domingo. That Republic has contracted a large amount of debt which it will not be able to pay for many years. It is quite possible that part of this debt is unjust, and swelled beyond that which would appear just, upon arbitration. If so, it ought to be cut down, and this, whether it is held by Europeans or Ameri- cans. Appeal is made to the United States to act as a receiver of the income of the Island, to turn over enough funds to run the gov- ernment, or forty-five per cent of the total income, and then to dis- burse the remaining fifty-five per cent as the rights of creditors should appear. Provisions of this tenor are contained in the treaty presented to the Senate for confirmation. Discussion in the Senate prevented confirmation at the last term and now the question stands open for decision during the next session of the Senate. In the meantime, in order to preserve the status quo at the time the treaty was made, President Morales has invited President Roosevelt to nominate to him, Americans whom he may safely put in charge of the customs houses, and to name an American bank in which the surplus revenues may be safely deposited to await the action of the Senate, and then to be distributed as either the treaty shall require, or if it be not confirmed, then as Santo Domingo shall require. Some ques- tion has been made of the power of the President in the absence of agreement of the Senate to acquiesce in such an arrangement. The arrangement is not a treaty and cannot be called so. On the part of the United States, it is assuming no obligation to do anything ; it is only rendering assistance to a weaker sister to maintain a status quo, existing at the time of the signing of the treaty, until it shall be determined whether the treaty can be confirmed or not. The United States Government is not made to agree to anything, and it is not itself even a trustee by virtue of what it has done. It has simply nominated certain respectable tax collectors who are bonded tax collectors and agents, not of the United States, not of a syndi- cate of bond-holders, not for the European nations holding bonds, but of the Santo Domingan Government. I do not think that even the most jealous of the rights and prerogatives of the Senate will be heard to object to this modus vivendi or status quo preserved until the Senate shall have had further time to consider the treaty. The new questions put upon our Government for solution by the acquisition of Spanish territory through the Spanish war, were many and delicate, and we are not in a position now to say with certainty how successful our management of Porto Rico and the Philippines is. It was inevitable that the change from the control by Spanish Government to that of the American Government, would be so radical in every respect, that however wise the new government, and however defective the old, the transition could only be accomplished after much friction between the old methods and the new, and with much disappointment that the new methods did not at once work a miracle of improvement. This, taken with disas- ters which no man could foresee or prevent, has interfered with the immediate success of our colonial policy. In Porto Rico a tornado destroyed the coffee crop, not only of one year but of many years, because by its violence the trees were entirely destroyed. In the Philippines by the spread of the rhinderpest, or cattle plague, more than eighty per cent of all the draft cattle of the islands were carried away, and as the cultivation of rice and sugar were especially dependent on the use of cattle, these industries were seriously interfered with and almost a famine was produced throughout the entire archipelago. Both countries are now gradu- ally recovering from these blows for which the American Govern- ment is no more responsible than the Spanish. The political changes which have been wrought by the transfer of sovereignty and the introduction of civil liberty, as it is understood in Anglo- Saxon countries, are gradually impressing themselves upon the people. Civil freedom and the opportunity for free education, which I am glad to say in the Philippines especially is eagerly seized, are certain in the next decade to make a decided change in the char- acter of the people. The island of Porto Rico contains a million inhabitants, is much more thickly settled than the Philippines, and far more advanced in agriculture. The government which has been furnished is the territorial government strictly speaking with an American executive, a majority of Americans in the executive coun- cil and a representative assembly as the second chamber. Porto Rico has been taken within the tariff wall and its sugar industry is now beginning to feel the strong impetus which an immense market like 12 that of the United States can afford to the sugar planters of this island. While there is in the somewhat mercurial disposition of the Latin-American as we find him in Porto Rico, a disposition to criti- cise the present as compared with the past, and more especially as compared with the past hopes, for the present there is no real or seri- ous disaffection among the people of the island which ought to give us particular concern. The introduction of trial by jury into the code of legal procedure in the island has not been attended with great suc- cess, and this because it has definitely shown that the people of the islands are not prepared to assume the judicial and impartial atti- tude of mind toward an issue presented, which is necessary to make the jury system a success. They have not as yet acquired that sense of responsibility to society and the government of which in theory they are a part, to prevent their feeling any emotion and any bias which the circumstances and the eloquence of counsel may present and en- courage. The giving to them of trial by jury is an instance of a common error of the American people, in supposing that institu- tions of Government which have been found to work well with Americans, and so well as to be preserved by constitutional man- date in the laws of the country, should be put into immediate use among a people whose history is widely different and whose edu- cation in the responsibility of self-government has been entirely lack- ing. Liberty regulated by law conduces most to the pursuit of human happiness, and therefore is, or should be, the object of all government, but the extent of the regulation, the extent of the limitation, upon liberty needed to prevent its degenerating into license, must differ widely with the differing characteristics of the peoples to whom the government is to be applied and to whom the liberty is to be extended. There are different stages in the progress of the people towards self-government. There is a stage when the exercise of self-government at all is impossible and leads only to anarchy. There is a stage after some popular education in which partial self-government is essential at a part of the education leading up to complete self-government. Indeed it is impossible to con- ceive of a people being thrown from complete despotism into com- plete and satisfactory self-government. The process must be grad- ual. Then, too, we must not fail in practice to make the distinction between civil liberty and political self-control. A people who do not exercise self-government and political self-control may never- theless have properly extended to them civil liberty, because the 13 enjoyment of civil liberty entails much less responsibility upon the person enjoying it than political self-control and government. Civil liberty is the first step in training a people to self-government, but it is far from being the same thing, as loose thinkers and speakers upon political subjects are apt to assume. With us neither women nor children enjoy any political control. They cannot be said to be of the self-governing element of the community, and yet they each one enjoy quite as great civil liberty as a man. So, too, in those communities where there are qualifications for the electors, those who are not qualified electors, enjoy civil liberty none the less, but are denied* the power of political control. It is necessary for us in establishing a government in a new country where the people have not received the historical experience of the Anglo-Saxon race, and have not had hammered into them the sense of responsibility of self-government, that we should carry clearly in mind the distinc- tions that I have been trying to make, in order that we should not force upon people unfitted therefor, political control, with which they cannot improve themselves, but only damage the government of which they are themselves thus made a part. What I have said in respect to Porto Rico is, of course, applica- ble to the Philippines, where the government is less advanced toward proper self-government than it is in Porto Rico. The census has now been taken of the Islands. It was published in April, and two years from that date, a popular assembly of all the Christian Filipinos of not less than fifty representatives and not more than one hunrded, will become a co-ordinate branch of the legislature of the islands, with the present commission as the other chamber. The electorate in the Philippine Islands is limited by educational qualifications, so that probably not more than twenty per cent of adult males are entitled to vote. On that basis municipal and provincial govern- ments, partially autonomous, were established in inany provinces. In some few of these provinces, the governments proved failures because the people were not equal to the exercise of the small meas- ure of self-government extended, and had to be governed directly from the central government. In a great majority of cases how- ever, the local governments have proved to be fairly successful and efficient, not, indeed, as efficient as they would be, were they officered by competent Americans, but much more efficient for the education of the people taking part in the government. In other words, it must be borne in mind that in our efforts to give a good 14 government to the Philippines as well as to our other dependencies, we are charged with the responsibility, not of making a government in a permanent form which will secure good government to the peo- ple over whom it is placed, but we are also charged with the duty of framing a government which is not permanent, but progressive, and progressive in the sense that the people who are governed shall, by the measures taken by that government and its character, become more and more prepared to assume full political self-government. In this respect our experiment in colonial government diflfers entirely from that taken by any other government in the civilized world, in respect of alien and tropical races, and hence it is that the criticisms, which have been heaped upon our experiments in the Philippines and in Porto Rico, are so lacking in the quality of fair^ ness. The critics generally are English, and with insular prejudices as to the high character of the English tropical and Crown colonies. They judge the success of our very short experiments in the Philip- pines by a rigid comparison with the governments established by England in India, in the Strait settlements, in China, and elsewhere, some for hundreds of years, others for fifty years, and all for many years longer than those of the American regime in the Philippine Islands. They compare them, too, from the standpoint of the Eng- lish purpose in making the colony, which is to give it a permanent, good, but arbitrary and non-popular government, and in which there is wholly lacking intention to prepare the people of the country gov- erned to govern themselves. I have referred to education. I may say specifically with respect to the Philippine Islands that the establishment of English schools has led to a school system in which today there are three hundred thousand Philippine boys and girls reading, writing and reciting in the English language, and we feel that we could not con- fer a greater benefit upon those islands than to produce nationality and solidarity of the people by giving them a common language, and that language, the business language of the Orient, and the language the world over of freedom and free institutions. The recent Con- gress has given authority to guarantee the interest on bonds issued for the construction of railways, and as I left Washington we had just issued an invitation for bids for franchises, which we hope will lead in the course of five years to the construction of a thousand miles of Philippine railways. If that happens, as we hope it may, there will be a material development and increase in the export 15 wealth of the islands that will startle even the imaginative Filipinos. The marvel in respect to the islands and the reason why the business in them has been so retarded, is the lack of inter-communication and inter-transportation. In a population of eight millions of peo- ple, with an area of 140,000 square miles, until the Americans reached the islands, the mileage of railway in the islands had not exceeded 120 miles. Even in a tropical country settled by a sim- ple agricultural people, this is a percentage of railway mileage far below any other country in the world similarly situated. We have given to the Philippines a currency as stable as gold. We have taken out of the business of the islands the element of gambling, the variations in the value of the silver standard neces- sarily engendered. We are improving the large harbors of the islands with extensive walls and breakwater, and we are doing what we can against the obstacles of torrential rains, and an absence of good material to construct wagon roads between the provinces. We have had to change the systems of taxation, and perhaps by too radical measures, have at times aroused considerable hostility on the part of numbers of the people. But as the years go on, as the benefits of the government gradually manifest themselves, I feel confident that while we may not retain the constant gratitude of the people, for that is an elusive thing, most difficult permanently to hold, we shall make it evident to their reason that we are doing everything possible to promote their prosperity and to teach them the art of self-government. These, Porto Rico and the Philippines, are the burdens which we have assumed, due to the Spanish war. I do not for a moment contend that now or for years they will prove anything but a bur- den to the United States. But they have been forced upon us against our will as trusts to be administered and we should be recre- ant to our high duties as a nation if we failed to meet the obligation. It is true that we have often, in times past, enjoyed a bit of Phara- saical pride in pointing out how much better we were than other people because we had a country homogenous throughout, in which all could take part in the government, all share the benefit of con- stitutional liberty and all enjoy the equal opportunities of American citizens, and that thus we were better than the English, better than the French, better than the Germans, who were continually taking over conquered peoples and governing them against their will. This 16 was a somewhat indefensible and selfish position for us to occupy, because while the happy condition of our own people was as stated, we failed to note that the progress in civilization in the world would have been delayed centuries, without colonization, without the alien government of conquered people and without the institution of government in such colonies of a character far better than that of which the people governed were capable of themselves maintain- ing. In thus priding ourselves upon not having taken any part in the colonization of the world, we were priding ourselves on not having assumed our share of the burden some nations had to assum.e, if we were and are to enjoy the trade and association with these great countries redeemed from barbarism. Is it possible that the world is not and should not be grateful to the powers of Europe now engaged in colonization of the dark continent of Africa? To France for what it has done in Algiers? To England for what it has done in the Soudan ? Is it possible that we should not be grate- ful to England for producing an empire of 300,000,000 of people in which there is peace from one end to the other, and nothing but the cultivation of the arts of peace, of education, art, agriculture and business. Should we swell with pride and say that we are not as other men are because we do not thus colonize? We do enjoy the benefits of the increasing civilization of the world by reason of colonization ; must we decline to assume the burden thereof ? When our time came to take up the burden, the people of the United States declined to look at the situation in this way. They said circum- stances, fate. Providence, what you choose to call it, have forced upon us the duty of being responsible for a good government in Porto Rico and a good government in the Philippines. We believe that ultimately self-government is the best government for all peo- ple, and that all people can be prepared by constant labor and atten- tion, ultimately to enjoy the blessings of civil liberty and of self- government. Hence, when an alien people comes under our control, w€ deem it our duty to try the experiment of educating them to govern themselves, and we should deem ourselves cowards and recreants if we declined to accept the responsibility and thus throw the people back into a chaos of anarchy which could not but result ultimately in self-destruction or despotism. In the last two years we have assumed a responsibility to the world of building a canal, which shall unite the Atlantic and Pacific Oceans in the middle of the American continents. Several most 7 important questions remain to be determined in respect to the con- struction of the canal. Shall it be a lock canal, the highest portion of which shall be ninety feet above the level of the two oceans, or sixty feet, or thirty feet? Or shall it be a sea level canal? At mean tide the two oceans are at exactly the same level, but on the Pacific side the distance between low tide and high tide is about twenty feet. On the Atlantic side this distance is not more than five, feet, and it has been thought by many that to avoid too great a current it would be necessary to have a tidal lock at one end of the canal. The issue, whether the canal shall be made sixty feet or a sea level canal, is to be determined by the answer to the question whether the advantages of a sea level canal including speed and economy of operation are worth the additional cost and additional time of construction. Measurements and experiments made by the engineers of the present commission show that previous estimates of cost and time are excessive, and I sincerely hope that it will be found by the commission and the consulting board that the differ- ence in cost and in time of construction will be comparatively so small as to make it eminently wise for us to do a thorough job, and dispense with the interference with quick transportation that locks always offer. The commission presented to Congress last year through the executive, the problem where it should buy its supplies, with the statement that under the law as it was it felt obliged to buy its supplies where they could be purchased most cheaply because the work to be done was not within the tariff wall, was not where the law imposed duties according to the Ameri- can tariff, but in a foreign country in which American citizens would be justified in buying where they could buy the cheapest, and in which, therefore, it seemed that the executive of the government must seize the same opportunity unless expressly forbidden by con- gressional enactment. In other words, an executive charged with the duty of building an immense public work must, in fulfilling his trust, build it as cheaply as possible unless otherwise directed by law. The policy of protection to American industries is a policy fav- oring the imposition of taxes upon goods imported into and sold within this country, so that in the competition within this country between home and foreign-made goods, the tax shall give an advan- tage to home-made goods ; but where the goods are to be used not in the country, but in a foreign place, it would seem that the princi- i8 pie of protection to home industries has no application. But if it has, then it must be enforced by law and not by the discretion of the commission. The President has reorganized the commission originally appointed and placed it upon a more efficient basis. The Panama Railroad Company which was largely owned by the French Panama Canal Company and which thus came into the hands of the United States, has now become the sole property of the United States by the acquisition of the shares, twelve hundred or more, of the out- standing stock of the railroad, and the policy of the commission and of the government is to run this railroad as a link between the com- merce of the two oceans at a flat rate for all persons without dis- crimination. The flat rate should be sufficient to pay the cost of carriage, the interest on the bonded indebtedness, and a fair return for the capital invested by the government. In this way we think we can make the railroad as free to the commerce of the world and as helpful, so far at least as rates are concerned, as if there were substituted for the railroad, the canal which we are building. Of course we acquired the railroad to assist us in the construction of the canal, but we could not acquire it without assuming the obliga- tion of a common carrier between a point on the Atlantic Ocean and a point on the Pacific, and that requires us, therefore, to see to it that the rates on the railroad are reasonable and further, that they are the same for all ships. A visit to the Isthmus, and consideration of the enormous work to be done, and a perception of how it may be done, all form in the breast of one who loves his country and is anxious to see it useful, a feeling of pride that the United States has undertaken this great world work and an honest desire that the time within which the work shall be accomplished shall be short. For cer- tain it is that the beneficial effect upon the commerce between the two Americas, and between Europe and Asia and the two Americas will be so great that future generations will rise to call the nation blessed which put its shoulder to the task and pushed it to comple- tion. And now with your permission I should like to turn to a few purely domestic questions, with respect to which the American peo- ple ought to act. They are defects in our present government and they are capable of reform, some in one way and some in another. The first crying evil, and I think the greatest, in our community, is the maladministration of the criminal law. It is a disgrace to our 19 community. The ratio of the number of those convicted of man- slaughter, murder in the second degree, or murder in the first degree, to the number of homicides in a year the country over, is so small as to be startling. Of course the proportion varies in different states, but the number of those who take the lives of their fellow men and who escape punishment altogether is so great that it is no wonder that a man’s life is held as cheaply as it is in many parts of this country. What is true in respect to homi- cides is true in respect to almost all other crimes, although there are some which awaken the indignation and emotion of the people and so call for prompter punishment. The delays in the law and the escape of so many criminals has led directly and surely to the awful condition which prevails in so many parts of this country, in which cruel lynchings involve whole communities in criminality. I know that there are learned disquisitions on the subject of lynchings which are written to show that they have but little to do with the failure of the law to enforce punishment, and instances are given where, though mobs have known that punishment of crime was cer- tain, they nevertheless have proceeded with their bloody work and hurried their victims to an illegal doom, but these instances only show the illegal and insane character of mobs after they are formed, and do not in the slightest degree tend to prove, that had the admin- istration of the law been efficient in all cases, the temptation and the tendency to form mobs at all would not have arisen. The rea- sons for the present failure efficiently to administer the criminal law are three-fold. First, when the Constitutions of the States and of the United States were framed, the English law of crimes was a bloody code which punished every felony with death and provided capital pun- ishment for a hundred different offenses. This had been so since the time when the memory of man runneth not to the contrary, and so it was in those dark days of English history that in a characteris- tic manner, to meet the severities of such a code, there arose and were created by the judges at common law, certain technical rules for the protection of the accused, which greatly increased the diffi- culty of proving his guilt, and so materially reduced the number of those who were carried to the gallows to answer for the commission of crimes which it was inhuman to visit with caprtal punishment. The weight of the Crown in the old days against the prisoners at bar, many of whom were political, the abuses which arose from the power of the Crown to remove judges and appoint others, and the fear of torture to secure confessions, which was a well-founded fear in the early days of the English kings, all tended to make important restrictions for the benefit of the accused in the manner of his trial, and these restrictions came to be embodied in rules of evidence and oftentimes, indeed, in constitutional prohibitions, that last down to the present day and which, but for their historical importance, would probably never have been inserted in a code of criminal law prepared by a modern jurist. In the protection of the individual from unjust conviction and punishment, the Constitution of the United States as now interpreted, at least in my judgment, goes too far and injures the cause and. rights of society at large. The provision that no man shall be compelled to give evidence against himself is one which, when weighed in the light of modern conditions, is of doubtful utility and it has been enlarged and ampli- fied to a point where, in the prosecution of many crimes, it is almost impossible except by a miracle, to secure the evidence tending to convict. This is especially true of that class of cases like violations of the Interstate Commerce law and the Anti-Trust law, where both parties to the offense may avoid giving any evidence by disclosure of books or otherwise of the business in which, and by which, the offense against the law has been committed. Constitutional restrictions are difficult to amend, and therefore we can hope to look for no speedy remedy in respect to this cause for the delays and tardy administration of the criminal law. All that we can hope for is that judges will become more sensible of the injury which a wide construction of such restrictions is likely to inflict on the body politic, and may narrow them so that their opera- tion in securing immunity from crime may be made as small as pos- sible. Second, we have extended the right of appeal in criminal cases much too far. In England there is no right of appeal in criminal cases except that of an appeal to the Home Secretary, who does not set aside a conviction or grant a pardon unless, upon the merits it ought to be done. With us the rule of law is that if an error be dis- covered in the trial of the convicted person who appeals, and in many cases the trial lasts two or three weeks, the presumption is that, the defendant was prejudiced by that error of law in the ruling of the court, and the verdict must be set aside unless the court can affirmatively find that the error was innocuous and harmless. Now, 21 even if we cannot entrust the trial of our criminal cases to the courts of first instance, without an appeal, at least it might be pro- vided that in matters of appeal in criminal cases, the court above should not set aside the judgment for any error of law, if, after an examination of the evidence, it finds sufficient evidence to convict and cannot find affirmatively that the error which was committed would have changed the verdict. In this way ninety-nine out of one hundred cases which are appealed and reversed would be affirmed and the obstacle to efficient and prompt administration presented by appeals, at least, would be avoided. A third reason for our defective administration of justice, I fear must be found in the temper of our people. They are not as strongly imbued with the necessity for the enforcement of law as are the Teutonic peoples generally. Their nature is somewhat more volatile. They are much more prone to forget and they are more affected by emotion when sitting in the jury box than are English- men. The disposition of the newspapers, especially the “yellow’' journals, to make a hero out of a criminal, to create maudlin senti- ment in favor of a bloody-handed murderer or murderess, especially the latter, all tend to a treatment of the cases presented with a mawk- ish sentimentality that blinds those charged with responsibility of finding the defendant guilty, to their real duty. Another difficulty in the state courts is in our codes of procedure under which the power of the trial judge to confine the case to the issue and to elim- inate from the jury box the effect of false and morbid eloquence, of hypocritical acting by the counsel for the defense is limited and almost prohibited. This makes the trial of every criminal a game in which the counsel for the defense deem themselves justified in doing anything to take the minds of the jury off the facts of the case and to put them in a hypnotized condition in which they vote as jurors for something which they could not approve as men. So the defendant escapes amid the applause of the gaping crowd of unhealthy auditors, and every member of the community who has any sense of propriety blushes at the escape of another bloody- handed criminal. The power that is given to the judge in a federal court and in an English court, to point out to the jury the absurdities of claims of counsel for the defense in the travesty upon justice which they are trying to perpetrate, is a great restraint upon the abuses to which advocacy in criminal cases has, in these latter days, been carried. Amendments to the law can do a great deal of good 22 and perhaps with such amendments the forgetfulness of a light- hearted people might not be so injurious. A second abuse in our body politic is that of the increase in the divorces granted by our courts. Last year there were 612 divorces out of every 10,000 marriages. If this continues to grow what will become of that which is today the foundation of our civilization and our state — the home and the family. Ought there not be some radi- cal measures by which to prevent the looseness with which the mar- riage bond is tied and the ease with which it may be dissolved. There is one radical remedy which I am sure would introduce a change at once and which would largely reduce the evil. The ques- tion of marriage and divorce is a question of status. Now, cer- tainly, we ought not to have a condition of affairs in which a man may be in the condition of a married man in one state and an unmar- ried man in another. His status in that respect ought to be the same for all the states. A variation of it, as he crosses the state line, is apt to give rise not only to his own embarrassment but also to the embarrassment of his children and in respect of property questions, of many more persons than the man himself. When the Constitution was framed the founders of it thought that questions of bankruptcy ought to be determined by the Congress or in federal courts, or at least they left open to Congress an opportunity to estab- lish courts of bankruptcy if it should be deemed wise. That was on exactly the same principle as that upon which marriages and divorces may well be made the subject of federal cognizance, because the declaration of bankruptcy is the declaration of a status. It would not do for a man to be a bankrupt in one state and not in another. It was wise that that status should accompany him whither he went. Now if it were given to Congress to pass uniform laws of marriage and divorce, we could be certain, first, that the majority in the Congress of the Union would see to it that con- servative restrictions upon the law of divorce would be enacted and that for no light reason should there be a separation of those joined together in matrimony under the law ; and secondly, we could be certain that, administered as the divorce law would be, by judges of the federal courts, subject as they all would be to the general supervision of the Supreme Court of the United States, that there would be a uniform administration of the law in the courts. The rules laid down would be rules approving themselves to the con- servative members of the community. With such a restriction I 23 am sure that the startling statistics, which as compared with other countries the divorces granted in this country show, would be much reduced. Finally, may I speak of another defect in the policy of our gov- ernment, which it seems to me calls for change and remedy. This is the policy of paying its most important officials salaries which are totally inadequate. I omit reference to the salary of the Presi- dent, because that is more nearly adequate than any of the others in the State, and yet that might properly be increased. But take the salary of the Vice President. The Vice President succeeds to the presidency in case of the death, disability or resignation of the President. He ought therefore to be of the same class of men, with the same high ability and broad statesmanship as the President himself. The duties of the Vice President are confined to presiding over the Senate. He is prevented by custom at any rate, if not by law, from engaging in any profession or occupation. He is the second officer of the State. It is evident that he should live as the second officer of the State during the term for which he is elected. Tt is true that he does not discharge functions which involve great labor, but he is where he may be called at any moment to discharge such functions. “They also serve who only stand and wait.” Is it meet, is it proper, that the Vice President of a nation of eighty millions of people should be compelled to give up all means of liveli- hood, all means of properly maintaining an establishment fitting for the second officer of the State, and receive only the small salary of $8,000? The enormous material growth of business and increase of wealth has so increased the scale of living as largely to increase the living wage for an official occupying a prominent position under the Government. So great has this increase become that it is now practically impossible for a Congressman or a Senator having a family to keep house in Washngton on the scale of living which he ought to maintain, for less than double his salary. The judges of the Supreme Court of the United States, a court which we like to call and, believe to be the greatest tribunal in the world, receive $12,500, and the Chief Justice, $13,000. Now, I speak whereof I know when I say that every one of those judges finds it to be of the utmost difficulty to live in Washington at the rate and upon the scale that a judge of the Supreme Court of the United States ought to live upon, with the salary which is paid him. Many of them are unable to have horses and carriage and none of them who maintain 24 any sort of an establishment are able to live within their income. Now, certainly, this ought not to be. Even in the State of New York they pay a judge of First Instance, called the “Supreme Court” judges, but they are like our Common Pleas judges, $17,500. In England they pay the Lord Chancellor $50,000, the Lord Chief justice $40,000 and their ordinary judges $25,000. Why is it that a country richer than England, with a court that certainly stands as high as any in England, should begrudge to its greatest jurists and lawyers a sum sufficient to enable them to live decently? Con- sider that these judges dispose each year of 400 cases, and that in a number of those cases counsel who do not stand as high at the bar and have not the knowledge of the law which the judges on the bench have, receive more in a single case as a fee than each judge receives for his entire annual salary. Then take our ambassadors and ministers abroad. The highest salary paid to any one of them is $17,500. In many instances they cannot rent houses for the sal- aries which are paid them, and all. the other expenses of living in representation of this government must be paid out of the pockets of the ambassadors,for the privilege of holding the office. Every civil- ized nation except the United States, of any standing whatever, furnishes in all the large countries to which its ambassadors and ministers are accredited, handsome houses where the extra terri- torial hospitality of the nation may be fittingly and suitably dis- pensed. Not only are ambassadors of England, Germany, France and Russia paid from $30,000 to $50,000 a year, but they are all given houses completely equipped, with a large entertainment fund, which enables them when they retire from office to feel that they have not spent a fortune in the service of their government. And then I could give you out of my personal experience the lot of a cabinet officer. It is absolutely impossible for a cabinet officer to live in any kind of a house in Washington and maintain himself respectably upon a salary of $8,000, which is paid him. When I was Governor of the Philippine Islands I received a salary of $20,000 a year. That was because it was fixed by President McKinley and not by Congress. When the question came up of the fundamental law of the Philippine Islands, the only method by which that salary was continued at $20,000 was not to mention the salary in the act at all, and so it continued just as it had been. Out of $20,000 I was able to save perhaps $1,000 a year although I was allowed a house to live in without rent. I do not exaggerate when I say it costs 25 every cabinet officer double and sometimes treble the salary which the United States pays him. Now ought this to be so? Of course the flippant and the easy answer is “If you do not like your position you may resign.” But is that an answer? It may be for the indi- vidual and it may be that for certain individuals in office any salary is more than they earn. But we are a rich nation, and are entitled to attract to the public service as able and competent men as the richest corporations of this country and the richest governments of Europe. We are a democracy. We proceed on the theory that every respectable citizen, qualified by ability and learning to fill a national office, may fill it, but if you are going to pay salaries which do not defer one-half of the expense of living while the office is being filled, then you limit those who are eligible to the higher offices in your republic to the wealthy men. Could anything be more absurd for a republic than to pursue a policy which shall deprive all the poor men, or men of moderate means, of any chance for public office or of any desire to fill them? Is it not the irony of inconsis- tency that we who are engaged in praising the purity and the sim- plicity of the democracy should adopt a policy by which only mil- lionaires can govern us? It is the theory that the people favor low salaries. I think it is ^ theory not well founded, and that when the proposition is explained to the people, the people will favor the proposition that the laborer is worthy of his hire and that his hire ought to be a salary equal to that which will maintain him decently and respectably in the position which he is expected to fill. I have imposed upon your patience by reviewing a number of the important issues of the day. There are others which I should like to dwell upon, but which time does not permit me even to touch. All in closing that I feel justified in saying is, that we have a great country, with wonderful opportunities for doing good the world over, and that the greater our opportunities the greater our respon- sibilities. I can never conceive of a time when the American spirit will not welcome additional opportunities and will not rise to meet additional responsibilites. 26