sraa •'-""■'■■■'■ : ' THE UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF CALIFORNIA LIBRARY OF THE UNIVERSITY OF /To f&fm S^k s 2S Y OF CALIFQRM E35333^ J piiMfrMg3& REPUBLICANISM OF NINETEEN-TWENTY La.mli, Za N.YT REPUBLICANISM OF NINETEEN-TWENTY EDITED BY FRANK HENDRICK PUBLISHED BY ALBANY EVENING JOURNAL THE JOURNAL COMPANY, PUBLISHER WILLIAM BARNES, PRESIDENT 1920 p *1\ v r - -vr\ 'A Copyright, 1920, by The Journal Company, albany, new york Ci- THE DE VINNE PRESS NEW YORK -5 ^ CONTENTS Part I page The Place of The Republican Party in American Government . by Frank Hendrick ... 3 Part II Documents and Extracts Illustrative of the Development of Representative National Popular Government in the United States : The Growth of Principles 55 The Mayflower Compact 56 The Deplorable Experiment in Socialism 57 Socialism as a National Menace Today 58 The New England Confederation 59 A Constitution or Frame of Government for the Common- wealth of Massachusetts 62 Declaration of Independence 63 Articles of Confederation 66 The Northwest Ordinance of 1787 73 The Change from League of States to Nation 78 The Constitution of the United States 79 American Foreign Policy: Washington's Farewell Address 94 The Monroe Doctrine 97 The Reason The Republican Party was Established — The Party System 98 Lincoln's Gettysburg Address 102 Part III The Standard Rearers of Republicanism : John Marshall Abraham Lincoln Andrew Johnson . Ulysses S. Grant . Rutherford R. Hayes James Abram Garfield Chester Alan Arthur . Renjamin Harrison . William McKinley Theodore Roosevelt . William Howard Taft . . by Albert J. Reveridge 105 . . by Elihu Root .... 107 . by Albert Rushnell Hart . 111 . by Calvin Coolidge 112 . by Simeon D. Fess . 113 . by Lawrence Y. Sherman . 117 . by Renjamin R. Odell . 119 . . by Chauncey M. Depew . 121 . by William R. Day 123 . by Leonard Wood . 124 . . by Arthur Twining Hadley 125 OH CONTENTS Part IV The Campaign of 1920 : Nominating Speech for Warren G. Harding by Frank B. Willis . . . .129 Nominating Speech for Calvin Coolidge by Frederick H. Gillett . . 130 Keynote Speech of 1920 . . by Henry Cabot Lodge . . 131 Republican Platform of 1920 145 Speech of Acceptance of Warren G. Harding 155 Speech of Acceptance of Calvin Coolidge 167 Part V Republican Platforms from 1856 to 1916: Election of 1856 177 Election of 1860 179 Election of 1864 182 Election of 1868 184 Election of 1872 187 Election of 1876 190 Election of 1880 193 Election of 1884 196 Election of 1888 199 Election of 1892 204 Election of 1896 207 Election of 1900 211 Election of 1904 215 Election of 1908 219 Election of 1912 225 Election of 1916 231 Part VI Statistics of American Politics : Summary of Electoral Vote, 1856-1916 237 Electoral and Popular Votes 240 Total Vote for Presidential Electors 242 Electoral Vote for President, by Parties and States . . . 243 Vote for President, by States, since 1856 245 Table showing Presidents, Political Complexion of Con- gresses, and Tariffs since the Birth of The Republican Party 254 Republican National Committee 255 Republican State Committees Chairmen 255 Organization of State and National Governments .... 256 ILLUSTRATIONS Abraham Lincoln Frontispiece FACING PAGE John Adams 5 Daniel Webster 9 John Quincy Adams 13 John C. Fremont 17 Henry Clay 19 Abraham Lincoln 22 William H. Seward 26 Chauncey M. Depew 33 John Hay 38 James G. Blaine 41 Joseph H. Choate 45 Elihu Root 51 Signing of the Mayflower Compact 54 Drafting the Declaration of Independence 63 Signing the Declaration of Independence 65 First Prayer in Congress 74 Frank Hendrick 78 Albert Jeremiah Beveridge 82 George Washington 94 David Jayne Hill 97 Nathan L. Miller 100 John Marshall 105 Abraham Lincoln and his Cabinet : William H. Seward, Caleb B. Smith, Salmon P. Chase, Gideon Welles, Edwin M. Stanton, Edward Bates, Hannibal Hamlin, Montgomery Blair . . . 106 Andrew Johnson Ill Ulysses S. Grant 112 Rutherford B. Hayes 114 James A. Garfield 117 Chester Alan Arthur 119 Benjamin Harrison 121 William McKinley 123 Theodore Roosevelt 124 William H. Taft 126 Cvn] ILLUSTRATIONS FACING PAGE Warren G. Harding 129 Calvin Coolidge 130 Henry Cabot Lodge 134 Leonard Wood 138 Will H. Hays 145 Republican Governors of 1920 R. Livingston Beeckman, Rhode Island 149 Thomas E. Campbell, Arizona 149 D. W. Davis, Idaho 149 J. P. Goodrich, Indiana 149 O. A. Larrazolo, New Mexico 149 Frank O. Lowden, Illinois 149 Peter Norbeck, South Dakota 149 Ben W. Olcott, Oregon 149 Oliver H. Shoup, Colorado 149 Henry J. Allen, Kansas 151 J. A. A. Burnquist, Minnesota 151 Robert D. Carey, Wyoming 151 W. L. Harding, Iowa 151 Marcus H. Holcomb, Connecticut 151 S. R. McKelvie, Nebraska 151 Carl E. Milliken, Maine 151 Emanuel L. Philipp, Wisconsin 151 John J. Townsend, Jr., Delaware 151 John H. Bartlett, New Hampshire 153 Percival W. Clement, Vermont 153 Calvin Coolidge, Massachusetts 153 Lynn J. Frazier, North Dakota 153 Louis F. Hart, Washington 153 Edwin P. Morrow, Kentucky 153 Albert E. Sleeper, Michigan 153 William C. Sproul, Pennsylvania 153 William D. Stephens, California 153 Hiram Johnson 156 W. Murray Crane 158 Philander C. Knox 160 Boies Penrose 162 William E. Borah 164 F. H. Gillett 168 F. W. Mondell 170 Cviii] ILLUSTRATIONS FACINQ PAGE Nicholas Murray Butler 180 Medill McCormick 182 Frank O. Lowden 221 Charles H. Sabin 224 James W. Wadsworth, Jr 228 Charles E. Hughes 232 Joseph G. Cannon 234 H. A. Du Pont 238 Henry P. Scott 240 Eminent New York State Republicans of 1920 William Barnes 242 Henry M. Sage 244 John A. Becker 246 H. D. Alexander 248 C. L. Bailey 248 Ledyard Cogswell 248 W. 0. DeRouville 248 F. A. Higgins 248 C. F. Schifferdecker 248 G. L. Ullman 248 James R. Watt 248 Benjamin F. Witbeck . 248 William C. Baxter 250 E. J. Halter 250 Charles R. Hotaling 250 Valentine Komfort 250 Daniel H. Prior 250 John H. Rea 250 Timothy E. Roland 250 James L. Wells 250 Frank L. Wiswall 250 Frank A. Coss 252 Wm. Van Rensselaer Erving . 252 J. Sheldon Frost 252 W. A. Glenn 252 Warren S. Hastings .252 Francis M. Hugo 252 W. LeRoy 252 C. D. Niver 252 Thaddeus C. Sweet 252 C«J Part I THE PLACE OF THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT BY FRANK HENDRICK THE PLACE OF THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT THE roots of The Republican Party reach to the very sources of vitality of rep- resentative national government in the United States. The initial victory of The Republican Party resulted in the first uncompromising assertion by the government itself of national sovereignty as the object, the sanction, and the very condition of popular government. The fight which established The Republican Party was the final episode in a struggle for true national existence which commenced with the first settlement of the widely separated colonies and ended in the surrender at Appomattox of the Army of the Confederacy to the Army of the Union. VITALIZED THE CONSTITUTION AND ASSURED THE PERPETUATION OF NATIONAL EXISTENCE Then first was realized a political party in complete control of the nation as the embodiment of the resolve of the people to be a nation. The impulse of the colonists to be independent of European control and to stand together to that end involved a double motive to a single purpose. Instinctively, if without conscious plan, the in- habitants of the colonies were always working steadily toward the elimination of any power outside themselves, whether foreign or domestic, of a dominating person- ality, a compact obstructing minority, or an irresponsible government. Their goal, that of the aspiration of human beings for political liberty throughout history, was first formulated in theory in The Constitution of the United States. That document provided an entirely new plan, a government, not of men but of laws, founded upon the consent of the governed. Until Abraham Lincoln spoke at Gettysburg, there had been no clear definition of the purpose of the forces of disunion with which Washing- ton, Marshall, and Webster had contended as inheritors one from the other and as testators to Lincoln of the leadership of a sacred cause. When the great prophet of individual freedom said that government of the people, by the people, and for the people shall not perish from the earth, he spoke as the political chief of The Repub- lican Party. He then and there proclaimed that all impulse to devitalize the Con- stitution and leave it a mere paper plan, under which the sovereignty of the American People might cease to be, must be thereafter vain. The purpose that had brought on the war and had rallied to its support all believers in the Union had not only given life to the principle of national unity but had so organized it as to give to it what the Constitution itself alone could not — namely, assurance of perpetuity. In an address delivered July 6, 1904, to commemorate the founding of The Republican Party under the oaks at Jackson, Michigan, fifty years before, Elihu Root called The Re- CS3 • • • • ■ REPUBLICANISM OF NINETEEN-TWENTY publican Party "The Party Fit to Govern." Through the election of Lincoln, therefore, not only was the fulfilment of the purpose to save the Union assured, but there was discovered the way to perpetuate it. Unrivaled in any land at any time, and without a competitor in our own, The Republican Party has embodied in its history the greatest contribution to the art of government ever made and has exemplified in action the great work in the perpetuation of popular government so modestly and simply fore- shadowed for it by its first political chief, Abraham Lincoln, and so vividly expressed as the last word in the great struggle for political freedom through party government in Elihu Root's definition of the true American national political party as "The Party Fit to Govern." THE GUARANTEE OF RESPONSIRILITY TO THE PEOPLE The true function of a national political party in a democracy is to submit to the nation at popular elections candidates for office necessary to be elected to organize the government at the expiration of the terms of the incumbents. This proposal of can- didates involves responsibility, prospectively as well as retrospectively, and only through party responsibility, the responsibility of the candidate to the party and of the party to the voters, may contact upon matters of public interest and national policy be continuously maintained between the government and the people in a practical way. ORGANIZES, FORMULATES, REPRESENTS, AND EXPRESSES THE POPULAR WILL That not the wisdom, virtue, and patriotism of individual candidates but the will and sense of the people are to be expressed in government is the essence of the party princi- ple as it is the foundation of democracy. To nominate candidates representative of the country is the work of a political party. It is not a mere coincidence that the party which speaks for the nation elects its candidates. The first duty of a political party is to assure its own success. A political party succeeds neither by merely following such expressions of popular will as its leaders may apprehend, nor, on the other hand, by asserting, for acceptance by the people, the will and judgment of the party leaders. A truly national political party aims to make itself, so far as may be possible, identical with the elec- torate, to select for its leaders those who are in the highest sense leaders of the people, and, through conference of these leaders, to interpret for the people and for the party at the same time the will and sense of the people as a whole. The only theory upon which a national party in the United States may continue to exist is that no man or body of men can monopolize the virtue, wisdom, and patriotism of the United States; to awaken, stimulate, and express them is the task of true party leader- ship; the things themselves, however, — and in the concession of that fact party safety lies, — remain the common possession of the whole people. Proved capacity for political leadership, therefore, assumes an understanding not only of what the people pres- ently want, but of what upon argument and consideration the people may be moved to accept. A political party, whose leaders do not dare thus to interpret and to tell the voters what the people want, but is content merely to ratify expressions of popular feel- ing apprehended by its leaders, renounces the character of a national political party. In a national democracy someone must organize and formulate the popular will, and when that work is left to an individual or to a group, not only democracy but the ■.;■ • < ■flB Jfmj/dtmd THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT nation ceases to function. The saving grace of partisanship is that it is representative of the people; the democratic element of a public function lies in responsibility to a political party in the true sense, in loyalty to the institution for what it is, does, and represents rather than to the individuals who dominate it. This definition of a political party was first worked out and has been consistently exemplified by The Republican Party and never otherwise. FIRST EMBODIED THE NATIONAL PRINCIPLE AND IS ALONE IDENTIFIED WITH NATIONAL EXISTENCE The clarity of Republican thought, the definiteness of Republican proposals, and the characteristic honesty, fearlessness, and sincerity of Republican political leadership have stood out from the first organization of The Republican Party as the inspiration to national progress. In 1854 the supreme concern of all existing political machinery was the preservation of slavery. An entire section was organized politically with no national end to serve at the expense of slavery, and the dominant political party, in control of the national government, was the heir of all those movements since the adoption of the Constitution of the United States having for their object to prevent the vitalizing of that document lest the nation thereby called into life might withhold the protection claimed by slavery as its right and as necessary to its continued existence. Organized opinion in the sections not devoted to slavery did not go so far in 1854 as to insist upon the operation of the government as a national government, certainly not for the sole purpose of destroy- ing slavery. The change in opinion between 1854 and 1860 was the work of the politi- cal leaders who organized The Republican Party. Those men inherited the political thought of Washington, Hamilton, Marshall, John Adams, Clay, John Quincy Adams, and Webster. They inherited also the task of overcoming the obstructive resistance to the operation of the government as a national government with which those statesmen had been, obliged to contend. The halo about the head of Wash- ington, the political genius of John Adams and Hamilton, the constructive statesman- ship of Marshall, the personality of Clay, the devotion of John Quincy Adams, and the eloquence of Webster had not sufficed to sustain a political party upon the vital principle of national supremacy which they all cherished and all urged as necessary to continued national existence. The means of communication between distant parts of the country were not such as to permit the moulding of a popular opinion essen- tially national. The people were so worked upon in the separate States that the spiritual force in the appeal to national patriotism was almost extinguished. Even the winged words of Webster were, for all their temporary effect, soon mere words. At the end he himself had ceased to heed them. It was one man, bending over backward on the bench against personal persuasion, a judge resisting every appeal of politics and popular opinion, a Southerner, who, defying threat, epithet, local prejudice, and national contempt, in constant fear and actual jeopardy of personal harm and of the disgrace of impeachment, for thirty-five years, by one unpopular decision after another, kept, without the organized support of a political party or of public opinion, the fabric of the national government created by the Constitution of the United States from utter dissolution. It was as a lawyer, arguing non-political briefs before the Supreme Court of the United States, that Webster was effective. It was, thus, not the support of popular opinion or the machinery of political organization C5J REPUBLICANISM OF NINETEEN-TWENTY that the men who formed The Republican Party inherited; they inherited a principle, nothing more, and it was out of that they created a political party, the first, and as yet the only one, on this or any other continent, fit to govern a great nation, or even willing to pretend to that high honor and daring to rise to that great dignity. THE CONFLICTING MISSIONS OF CONSTRUCTIVE PROGRESS AND DESTRUCTIVE OPPOSITION MADE DEFINITIVE BY THE WAR OF THE REBELLION The forces that were embodied in The Republican Party had always been those of positive progress and constructiveness. The dominant political organization of 1856 always was, even when in control of the government, and ever since 1856 every political movement carried on under the same name has been and none more typically than that just organized anew at San Francisco to match in appearance as nearly as pos- sible the indictment by The Republican Party of the Wilson administration, not a party but a faction organized for opportunist opposition. From the beginning, by whatever name called, Anti-Federalist, Republican, or Democratic, that party ex- isted for the sole purpose of opposing the putting of the national government into full operation. The form of this vagary manifested by the so-called Democratic party in 1920 was the assertion of the right of the President to be an autocrat and himself to carry out the transfer of the American government to a superstate con- trolled by other nations. The nominee of the San Francisco convention was chosen because it was believed he would, if elected, nullify the Eighteenth Amendment. The tacitness of this shame-faced promise is characteristic both of the nominee and his so-called party. When first challenged politically by the men who formed The Re- publican Party, this party of opposition resolved that the nation must cease to exist rather than that the government should be permitted to become national. Driven by the agitation against Slavery to issue a manifesto, the Democratic Convention of 1856 adopted a political platform introduced by a pious profession of "trust in the intelli- gence, the patriotism, and the discriminating justice of the American people," followed by a declaration that this trust was "a distinctive feature" of their political creed, which they were "proud to maintain before the world as the great moral element in a form of government springing from and upheld by the popular will," in contrast with "the creed and practice of federalism, under whatever name or form, which seeks to palsy the will of the constituent, and which conceives no imposture too monstrous for popular credulity." Consistently enough in one way, the platform proceeded with a series of denials of power to the national government, abjuring, of course, any claim to the exercise of such power by the protesting party in office; but with less consistency, and rather in contradiction of the sublime renunciation of power under the Consti- tution on its own party's behalf, the platform proceeded to defy any expression of the popular will. The party in power, sworn to uphold the Constitution, trusting in "the intelligence, the patriotism, and the discriminating justice of the American people," resolved : "3. That the Democratic party will resist all attempts at renewing, in Congress or out of it, the agitation of the slavery question, under whatever shape or color the attempt may be made." The weakness inherent in mere opposition is that the spirit of association based upon opposition is bound to manifest itself in dissension within the association. C6J THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT Called upon to be explicit in 1856, the party of opposition determined to be negative, but in 1860 was compelled to default in the adoption of a platform. The Democratic Convention of 1860 contented itself substantially with three declarations : "First: That the platform of 1856 was ratified; "Second: That Democratic principles are unchangeable in their nature when ap- plied to the same subject-matters; and "Third: That inasmuch as differences of opinion exist in the Democratic Party as to the nature and extent of the powers of a Territorial legislature, and as to the powers and duties of Congress, under the Constitution of the United States, over the institution of slavery within the Territories, the Democratic Party will abide by the decisions of the Supreme Court of the United States on ques- tions of constitutional law." Beginning in 1856 with a threat not to let the people think about slavery, the Demo- crats arrived by 1860 at the point of refusing to let one another think. Agreement in opposition for its own sake is about equivalent to agreement not to agree about anything. On precisely that basis, wets and drys, leaguers and anti-leaguers, radicals and reactionaries, lovers and contemners of Woodrow Wilson enjoy the char- acteristically negative harmony dispensed by the recent Democratic Conven- tion. And in order to justify the renunciation for the people in the Democratic Platform of 1860 of discussion of a great issue of national policy essentially political in its nature, the Democratic Platform of 1860 referred the whole matter to that de- partment of the government which is peculiarly, essentially, and strictly non-political, and bound the Democratic Party to abide by the decision. The routine of opposition is to strain at a gnat as a duty in order thereby to swallow a camel as a privilege. The doubt will probably never be resolved whether the party of opposition is inspired by mere self-deception or by consciousness of the necessity of deceiving the people. In the Democratic Platform of 1864, the Constitution was, ostensibly in the name of the Constitution, actually abjured in the following language: "Resolved, . . . with unswerving fidelity to the Union under the Constitution, . . . that after four years of failure to restore the Union by the experiment of war, during which . . . the Constitution has been disregarded in every part, . . . justice, humanity, liberty, and public and private welfare demand that immediate efforts be made for a cessation of hostilities, . . . that, at the earliest practicable moment, peace may be restored on the basis of the Federal Union of the States." DELIBERATE AND SUSTAINED ORGANIZED OPPOSITION HAS NO PLACE IN REPRESENTATIVE GOVERNMENT With the seventy-five-year struggle for the realization of a true nation all but won, the party of opposition took its stand before the people in 1864 upon a promise, which finds its complement in the Wilson proposal for a league of nations adopted at the autocrat's command by the Democratic Convention of 1920 against the will of the members of the Convention, to abandon the nation altogether for a mere league of States. These three platforms, of 1856, 1860, and 1864, expressing the full fruitage of the political theorv of opposition developed during that entire m REPUBLICANISM OF NINETEEN-TWENTY period of seventy-five years, represent faithfully the inherent character of the party of opposition. To the objection that opposition is necessary, it may be answered that opposition does not become .affirmative, progressive, or constructive by the fact of its necessity any more than error becomes truth by reason of its inherence in human weakness. Strength seeks not an excuse for error, but the way to be right. Political life no less than individual existence is a combat, and that over which the right triumphs is the test and proof of right. The service of opposition in trying the strength of affirmative policy does not ever entitle opposition to be elected to control, for opposition is, by its own choice and election, doomed to remain opposition and nothing more. A compact minority organized to obstruct the realization of the will and sense of the people is none the less negative by reason of the agreement of its members in opposition and none the less a minority because of its compactness, but remains always what it deliberately sets out to be, namely, an unjustifiable conspiracy against the government. Since the first success of The Republican Party, no Republican Con- vention has afforded a valid reason for the adoption of an opposition platform or the nomination of opposition candidates. History will be read in vain for justification of such opposition. Cox, the fox, luring to more Wilsonism, apes Republicanism ! THE REPURLICAN PARTY HAS ESTARLISHED THAT ONE NATIONAL PARTY FIT TO GOVERN IS THE RASIS OF PERPETUAL NATIONAL EXISTENCE It was the opposition of seventy-five years that proved that the American nation under the Constitution of the United States deserved and was from the beginning des- tined to be perpetual, and it was the entire struggle and not one election merely that proved The Republican Party to be the embodiment of that victory, the perpetual ex- ponent of the American nation, and The Party Fit To Govern. Washington was elected President of the United States by common consent, and in 1820 Monroe was re-elected without opposition during an era of good feeling. There is nothing in the theory of our government opposed to unanimity in support of all candidates for national office. The constitution of human nature assisted by the continued existence of The Solid South explains the wide departures from unanimity that have made up the political history of the United States. And it is true beyond possible controversy that, no matter what allowances must be made for mistakes by individual Republican Presidents, and Re- publican Congresses, or by men who have used the Party in the days of its ascendancy in such a way as to abuse it, The Republican Party has consistently from first to last embodied and carried out the theory of one national political party justifying itself by the courage, sincerity, and patriotism of its leaders as the extra-constitutional ad- junct of the national government developed by the whole people as their representa- tive and a device to perpetuate the national government and to make it responsible to the people. INAUGURATED A PERPETUAL GOVERNMENT NOT OF MEN BUT OF LAWS The first three platforms of The Republican Party demonstrate unanswerably that the theory upon which the Party was organized made the United States for the first time a nation and proved the system of one national party fit to govern as the basis of representative national government. The sequel shows the Party true to the prin- C83 ' *•••«••••••♦•• • -*- " *• ia^Q-^ t^t>-^^- THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT cester on the 12th of September, and in the next ten days at Lowell, Dedham, Roxbury, Chelsea, Cambridge and Boston. It was through ordinary party service that he be- came an eloquent and influential public speaker. In 1840 and 1844, he was a candidate on the Whig ticket for Presidential elector. Among Lincoln's most famous cases in his law practice was one (Bailey v. Cromwell, 4 111., 71 ; frequently cited) before the Illinois Supreme Court in July, 1841, in which he argued against the validity of a note in pay- ment for a negro girl, adducing the Ordinance of 1787 and other authorities. CONCRETE PROBLEMS OF NATIONAL EXISTENCE DENIED MADE LINCOLN AND THE REPUBLICAN PARTY From law, however, Lincoln was soon always irresistibly drawn back into politics. The slavery question, in one form or another, had become the great overshadowing matter in national, and even in State politics; the abolition movement, begun in earnest by W. L. Garrison in 1831, had stirred the conscience of the North, and had had its in- fluence even upon many who strongly deprecated its extreme radicalism; the Com- promise of 1850 had failed to silence sectional controversy, and the Fugitive Slave Law, which was one of the compromise measures, had throughout the North been bitterly assailed and to a considerable extent had been nullified by State legislation; and finally in 1854 the slavery agitation was fomented by the passage of the Kansas- Nebraska Act, which repealed the Missouri Compromise and gave legislative sanction to the principle of "popular sovereignty" — the principle that the inhabitants of each Territory as well as of each State were to be left free to decide for themselves whether or not slavery was to be permitted therein. In enacting this measure Congress had been dominated largely by one man — Stephen A. Douglas of Illinois — then probably the most powerful figure in national politics. This "issue" of "squatter sovereignty" was a typical contribution of a Northern "Democrat" to the Solid South. Precisely what Lincoln did was to expose the nature of this sort of political bargain to thepeople of the North and thus to cause the partnership to be dissolved and the Northern adjunct of the Southern Democratic party to be destroyed as such adjunct. Lincoln had early put himself on record as opposed to slavery, but he was never technically an abolitionist; he allied himself rather with those who believed that slavery should be fought within the Constitution, that, though it could not be constitutionally interfered with in individual States, it should be excluded from territory over which the national government had jurisdiction. In this, as in other things, he was eminently clear-sighted and practical. Already he had shown his capacity as a forceful and able debater; aroused to new activity upon the passage of the Kansas-Nebraska Bill, which he regarded as a gross breach of political faith, he now entered upon public discussion with an earnestness and force that by common consent gave him leadership in Illinois of the political opposition to slavery, which in 1854 elected a majority of the legislature; and it gradually became clear that he was the only man who could be opposed in debate to the powerful and adroit Douglas. He was elected to the Illinois House of Representatives, from which he immediately resigned to become a candidate for United States Senator from Illinois, to succeed James Shields, a Democrat; but five opposition members, of Democratic antecedents, refused to vote for Lincoln (on the second ballot he received 47 votes — 50 being necessary to elect) and he turned the votes which he controlled over to Lyman Trumbull, who was opposed to the Kansas-Nebraska Act, and thus secured the defeat C233 REPUBLICANISM OF NINETEEN-TWENTY of Joel Aldrich Matteson, Democrat, who favored this act and who, on the eighth ballot, had received 47 votes to 35 for Trumbull and 15 for Lincoln. The various anti- Nebraska elements came together, in Illinois as elsewhere, to form a new party at a time when the old parties were disintegrating; and in 1856 The Republican Party was formally organized in the State. Lincoln, before the State convention at Bloomington of "all opponents of anti-Nebraska legislation" (the first Republican State convention in Illinois), made on the 29th of May a notable address known as the "Lost Speech." The National Convention of The Republican Party in 1856 cast 110 votes for Lincoln as its Vice-Presidential candidate on the ticket with Fremont, and he was on the Repub- lican electoral ticket of this year, and made effective campaign speeches in the interest of the new party. The campaign in the State resulted substantially in a drawn battle, the Democrats gaining a majority in the State for President, while the Republicans elected the Governor and State officers. In 1858 the term of Douglas in the United States Senate was expiring, and he sought re-election. On the 16th of June, 1858, by unanimous resolution of the Republican State Convention, Lincoln was declared "the first and only choice of the Republicans of Illinois for the United States Senate as the successor of Stephen A. Douglas," who was the choice of his own party to succeed himself. Lincoln, addressing the convention which nominated him, gave expression to the following bold prophecy : "A house divided against itself cannot stand. I believe this Government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing or all the other. Either the op- ponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new — North as well as South." At the time Lincoln spoke the word "Democratic" had come to connote "slave" and the word "free" had come to connote "Republican." To read the Lincoln prophecy with the words indicating the political groups substituted for the policies they stood for provides at least an interesting mental exercise. LINCOLN, THE REPUBLICAN, WAVED ASIDE POLITICAL OPPORTUNITY AND FOLLOWED THE LOGIC OF HIS CAUSE— DOUGLAS, THE DEMOCRAT, SHAPED HIS LOGIC TO THE PURSUIT OF OFFICE In this speech, delivered in the State House of Representatives, Lincoln charged Pierce, Buchanan, Taney, and Douglas with conspiracy to secure the Dred Scott de- cision. The effect of this decision was, by reason of the obiter dicta unnecessarily in- corporated in the opinions of the majority of the Court, to declare that no State has or could have any right to confer citizenship upon negroes, which was plainly to sup- port nullification of the Missouri Compromise. The attitude of the Democrats toward this decision was warning enough to Lincoln that the logic of national unity was working itself out, and that the nation must soon be either all slave or all free. Yielding to the wish of his party friends, on the 24th of July, Lincoln challenged Douglas to a joint public discussion. Douglas and Lincoln first met in public debate (four hours on a side) in Springfield in December, 1839. They met repeatedly in the campaign of 1840. In 1852 Lincoln attempted with little success to reply to a THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT speech made by Douglas in Richmond. On the 4th of October, 1854, in Springfield, in reply to a speech on the Nebraska question by Douglas delivered the day before, Lincoln made a remarkable speech four hours long, to which Douglas replied on the next day; and in the fortnight immediately following Lincoln attacked Douglas's record again at Bloomington and at Peoria. On the 26th of June, 1857, Lincoln in a speech at Springfield answered Douglas's speech of the 12th in which he made over his doctrine of popular sovereignty to suit the Dred Scott decision. Before the actual debate in 1858, Douglas made a speech in Chicago on the 9th of July, to which Lincoln replied the next day; Douglas spoke at Bloomington on the 16th of July and Lincoln answered him in Springfield on the 17th. The antagonists met in debate at seven designated places in the State. The first meeting was at Ottawa, in the southwestern part of the State, on the 21st of August. At Freeport, on the Wisconsin boundary, on the 27th of August, Lincoln answered questions put to him by Douglas, and by his ques- tions forced Douglas to "betray the South" by his enunciation of the "Freeport heresy," that, no matter what the character of Congressional legislation or the Supreme Court's decision, "slavery cannot exist a day or an hour anywhere unless it is supported by local police regulations." This adroit attempt to reconcile the principle of popular sovereignty with the Dred Scott decision, though it undoubtedly helped Douglas in the immediate fight for the senatorship, necessarily alienated his Southern supporters and assured his defeat, as Lincoln foresaw it must, in the Presidential campaign of 1860. The other debates were : at Jonesboro, in the southern part of the State, on the 15th of September; at Charleston, 150 miles northeast of Jonesboro, on the 18th of September; and, in the western part of the State,at Galesburg (Oct. 7), Quincy (Oct. 13) and Alton (Oct. 15). In these debates Douglas, the champion of his party, was over- matched in clearness and force of reasoning, and lacked the great moral earnestness of his opponent; but he dexterously extricated himself time and again from difficult argu- mentative positions, and retained sufficient support to win the immediate prize. At the November election the Republican vote was 126,084, the Douglas Democratic vote was 121,940 and the Lecompton (or Buchanan) Democratic vote was 5,091; but the Democrats, through a favorable apportionment of representative districts, secured a majority of the legislature (Senate: 14 Democrats, 11 Republicans; House: 40 Demo- crats, 35 Republicans), which re-elected Douglas. Lincoln's speeches in this campaign won him a national fame. In 1859 he made two speeches in Ohio — one at Columbus on the 16th of September criticising Douglas's paper in the September Harper's Maga- zine, and one at Cincinnati on the 17th of September, which was addressed to Ken- tuckians — and he spent a few days in Kansas, speaking in Elwood, Troy, Doniphan, Atchison, and Leavenworth in the first week of December. On the 27th day of Feb- ruary, 1860, in Cooper Union, New York City, the invitation being caused by Greeley, who had abandoned Seward, he made a speech (much the same as that delivered in Elwood, Kansas, on the 1st of December) which made him known favorably to the leaders of The Republican Party in the East and which was a careful historical study criticising the statement of Douglas in one of his speeches in Ohio that "our fathers when they framed the government under which we live understood this question (slavery) just as well and even better than we do now," and Douglas's contention that "the fathers" made the country (and intended that it should remain) part slave. Lincoln pointed out that the majority of the members of the Constitutional Conven- tion of 1787 opposed slavery and that they did not think that Congress had no power to control slavery in the Territories. He spoke at Concord, Manchester, Exeter and REPUBLICANISM OF NINETEEN TWENTY Dover in New Hampshire, and at Hartford (5th March), New Haven (6th March), Woonsocket (8th March), and Norwich (9th March). The Illinois State Convention of The Republican Party, held at Decatur on the 9th and 10th of May, 1860, amid great en- thusiasm declared Abraham Lincoln its first choice for the Presidential nomination, and instructed the delegation to the National Convention to cast the vote of the State as a unit for him. Yet the intimates of this great man have left the record to show that he was conscious of his unfitness to be President and viewed his political work in The Republican Party as sufficient honor and reward. How different is the current Demo- cratic conception of the Presidency ! The incumbent appears actually to find the office, if not beneath his contempt, at least too petty for his powers and beneath his moral and intellectual worth. For him the Constitution is obsolete and parochial. LINCOLN NOMINATED RECAUSE HE WAS CONSIDERED POLITICALLY AVAILARLE The Republican National Convention, which made "No Extension of Slavery" the essential part of the party platform, met at Chicago on the 16th of May, 1860. At this time William H. Seward was the most conspicuous Republican in national politics, and Salmon P. Chase had long been in the forefront of the political contest against slavery. Roth had won greater national fame than had Lincoln, and, before the con- vention met, each hoped to be nominated for President. Chase, however, had little chance, and the contest was virtually between Seward and Lincoln, who by many was considered more "available," because it was thought that he could (and Seward could not) secure the vote of certain doubtful States. Lincoln's name was presented by Illinois and seconded by Indiana. At first Seward had the strongest support. On the first ballot Lincoln received only 102 votes to 173V2 for Seward. On the second ballot Lincoln received 181 votes to Seward's 184 1 /2> On the third ballot the 50^ votes form- erly given to Simon Cameron were given to Lincoln, who received 231 */2 votes to 180 for Seward, and without taking another ballot enough votes were changed to make Lincoln's total 354 (233 being necessary for a choice) and the nomination was then made unanimous. Hannibal Hamlin, of Maine, was nominated for Vice-President. The convention was made singularly tumultuous and noisy by the activities of the large claques hired by both Lincoln's and Seward's managers. It was, however, a typi- cal Republican convention in that the resultant of contending views as to candidates prevailed and was accepted. THE OPPOSITION, DIVIDED RY THE LOGIC OF THE NATIONAL PRINCIPLE, DISCLOSED FOR THE FIRST TIME IN ITS TRUE CHARACTER During the campaign Lincoln remained in Springfield making few speeches and writing practically no letters for publication. The campaign was unusually animated — only tbe Whig campaign for William Henry Harrison in 1840 is comparable to it; there were great torchlight processions of "wide-awake" clubs, which did "rail-fence" or zigzag marches, and carried rails in honor of their candidate, the "rail-splitter." Lincoln was elected by a popular vote of 1,866,452 to 1,375,157 for Douglas, 847,953 for Rreckinridge and 590,631 for Rell. As the combined vote of his opponents was so much greater than his own, he was often called "the minority President." But the PW3 ** Hon W'm . II . s KW'AI! D, THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT Solid South was not voting on any national issue, but in denial of national existence. The North had already been educated during the election and responded to the call of the Union, and, as is usual, came around even more emphatically to the Republican position after the election. The electoral vote was: Lincoln, 180; John C. Breckinridge, 72; John Bell, 39; Stephen A. Douglas, 12. On the 4th of March, 1861, Lincoln was inaugurated as President. THE NATIONAL PRINCIPLE UNITES THE PEOPLE IN THE FACE OF FAILURE As Lincoln's first presidential term of four years neared its end, the Democratic party gathered itself for a supreme effort to regain the ascendancy lost in 1860. The slow progress of the war, the severe sacrifice of life in campaign and battle, the enormous accumulation of public debt, arbitrary arrests and suspension of habeas corpus, the rigor of the draft, and the proclamation of military emancipation fur- nished ample subjects of bitter and vindictive campaign oratory. A partisan coterie which surrounded McClellan loudly charged the failure of his Richmond campaign to official interference in his plans. Vallandigham had returned to his home in defiance of his banishment beyond military lines, and was leniently suffered to remain. The aggressive spirit of the Democrats, however, pushed them to a fatal extreme. The Democratic National Convention adopted (August 29, 1864) a resolution (drafted by Vallandigham) declaring the war a failure, and demanding a cessation of hostilities; it nominated McClellan for President, and instead of adjourning sine die as usual, re- mained organized, and subject to be convened at any time and place by the executive national committee. This threatening attitude, in conjunction with alarming indi- cations of a conspiracy to resist the draft, had the effect of thoroughly consolidating the war party, which had on the 8th of June unanimously renominated Lincoln, and had nominated Andrew Johnson of Tennessee for Vice-President. At the election held on the 8th of November, 1864, Lincoln received 2,216,076 of the popular vote, and McClellan (who had openly disapproved of the resolution declaring the war a failure) but 1,808,725; while of the Presidential electors 212 voted for Lincoln and 21 for McClellan. Lincoln's second term of office began on the 4th of March, 1865. He died April 15, 1865. THE BEREFT PARTY LEADS IN RECONSTRUCTION Were The Republican Party mortal, its dissolution would certainly have followed closely upon the death of Lincoln. By that tragic event there succeeded as President Andrew Johnson of Tennessee, a Southern Democrat, devoted to the political prin- ciples of Andrew Jackson, including a love of the Union and a hatred of Nullification in the form of Secession, the choice of whom, as the Republican candidate for Vice- President in 1864, Lincoln had suggested as a method of keeping the border States in line and as an answer to the criticism that The Republican Party was sectional. That Andrew Johnson was a man of unparalleled moral courage made the test for The Republican Party only the more severe. It was in the evening of the day that Lincoln first received the report of his own son, an eye-witness, of the surrender by General Lee of the Army of Northern Virginia that Lincoln fell by the fatal bullet. The com- plete end of the war was in prospect. At no moment could the necessity of firm guid- ance be more critical in determining the fate of the nation. The leadership of Andrew Johnson as President in the cause to the realization of which The Republican Party had dedicated itself was characterized in the Republican Platform of 1868 as follows : REPUBLICANISM OF NINETEEN-TWENTY "8. We profoundly deplore the untimely and tragic death of Abraham Lincoln, and regret the accession to the Presidency of Andrew Johnson, who has acted treacherously to the people who elected him and the cause he was pledged to support; who has usurped high legislative and judicial functions; who has refused to execute the laws; who has used his high office to induce other officers to ignore and violate the laws; who has employed his executive powers to render insecure the property, the peace, the liberty and life of the citizen; who has abused the pardoning power; who has denounced the national legis- lature as unconstitutional; who has persistently and corruptly resisted, by every means in his power, every proper attempt at the reconstruction of the States lately in rebellion; who has perverted the public patronage into an engine of wholesale corruption; and who has been justly impeached for high crimes and misdemeanors, and properly pronounced guilty thereof by the vote of thirty-five senators." NO PERILS IN THE SUCCESSION UNDER THE REPURLICAN PARTY The nation has often been concerned at certain defects in the processes provided for succession in the case of the death or the disability of the President and the Vice- President. Senator Hoar, in his autobiography, sets forth, in a passage made much of by Dougherty in his work on "The Electoral System," his conviction that the Constitu- tion is defective in failing to prescribe the mode of succession in the case of the death of both the President and the Vice-President before the day of their inauguration. The passage reads as follows: "That this is not an imaginary danger is shown by the fact of the well-known scheme to assassinate Lincoln on his way to the seat of the Government, and also by the fact that either the President or the Vice-President has died in office so many times in the recollection of men now living. President Har- rison died during his term; President Taylor died during his term; Vice- President King died during Pierce's term; President Lincoln died during his second term; Vice-President Wilson died during Grant's term; President Gar- field died during his term; Vice-President Hendricks died during Cleveland's term; Vice-President Hobart died during McKinley's term; and President Mc- Kinley during his own second term. So within sixty years eight of these high officials have died in office; five of them within thirty years; four of them within twenty years. I have also drawn and repeatedly procured the passage through the Senate of an amendment to the Constitution to protect the country against this danger. That (also) has failed of attention in the House. I suppose it is likely that nothing will be done about the matter until the event shall happen, as is not unlikely, that both President and Vice-President- elect shall become incapacitated between the election and the time for enter- ing upon office." LINCOLN'S CABINET AN ELEMENT OF THE REPUBLICAN PARTY Not only would many unnecessary fears for the safety of the Republic be dispelled by a realization of the now not even half seen underlying principle of our govern- ment, namely, that the Constitution of the United States provides for a one-party government, but the early adoption of that principle would have prevented number- ess n THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT less woes, including most of those attributable to the inferior quality of elected and appointed officials and party mismanagement and incapacity and worse in public service. This lesson of the succession of Andrew Johnson is particularly timely now. For even if Johnson had fallen with Lincoln, the situation would have been com- parable to that when a President is under a disability and the Vice-President is pre- vented from succeeding by the uncertainty of the duration of that disability or the per- sistence of the President in retaining control despite his disability. It was certainly con- sidered by the authors of the war soon after April, 1865, that Andrew Johnson was a dog in the manger and under worse than disability so far as the prosecution of the work of reconstructing the nation was concerned. The conflict between the President and Congress was violent. The Republican Party took sides with and gave its most em- phatic approval to the course of its Senators and Representatives in Congress. The Republican State Conventions in Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, New York, Ohio, and Pennsylvania declared against the policy of the Presi- dent, and affirmed that reconstruction must be effected by "the law-making power of the Government." In not a single State was the President's policy approved by the Republicans. Of course, the opportunist opposition, arrogating to itself the false dignity of the name Democratic party, blind, as usual, to the purpose of the American people to be a nation and to the destiny of The Republican Party to make and keep the United States a nation, united with the President. Now Lincoln left Johnson with a strong cabinet, a circumstance not fortuitous but, as the history of the past sixty years has demonstrated, and no decade more clearly than the last, necessarily integral with Republican administration. The members were William H. Seward, Secretary of State, who was the choice of many as the candidate for President in 1860; Hugh McCulloch, Secretary of the Treasury; Edwin M. Stanton, Secretary of War; Gideon Welles, Secretary of the Navy; W. Dennison, Postmaster-General; J. P. Usher, Secretary of the Interior, and James Speed, Attorney-General. To make sure that the cabinet would remain strong, the Republican Congress passed, on March 2, 1867, over the President's veto during the closing hours of the Thirty-ninth Congress, the so-called "Tenure of Office Act," providing that no officer subject to confirmation by the Senate should be removed without the consent of that body, but that during a re- cess of the Senate any such officer might be removed by the President and a successor appointed, who should act until the end of the next session of the Senate, an act which the Republican Congress, in Grant's first administration, modified in a manner practically destroying without repealing it, but saving the power of the Senate over appointments. It took President Johnson eight months actually to make his removal of Secretary Stanton effectual, and his persistence in the removal came within one vote of causing his own removal from office by a two-thirds vote of the Senate sitting as a court of impeachment. THE PARTY FIT TO GOVERN SUCCEEDS, AND SUCCEEDS ITSELF The fact was that for the first time under The Republican Party the United States had a real party government. President Johnson learned that not he as an individual but The Republican Party succeeded the Republican administration headed by Abraham Lincoln up to the time of his death. Lincoln had been opposed by Congress, but he felt himself to be a fellow-worker. It was upon the plan of readmitting the South- ern States and their representatives that almost the only important difference between Lincoln and his party occurred. Congress insisted upon the readmission of a State and MM REPUBLICANISM OF NINETEEN-TWENTY its representatives only after a vote of both Houses. The Lincoln theory, adopted by Johnson with modifications, was that the States had never been out of the Union. The issue, though apparently simple, was irreconcilable. Lincoln's position was logical as the basis for his prosecution of the war and was based upon his desire to hold the border States in line and to make ultimate reconciliation less difficult. The Congres- sional bill for reconstruction which had been adopted in the closing hours of the session and laid before the President was neither signed nor vetoed, and failed to be- come a law. Senator Sumner afterward declared on the floor of the Senate that Presi- dent Lincoln had subsequently expressed to him his regret that he did not sign the bill. The Congressional plan of reconstruction was the one carried out and it is num- bered as one of the great monuments to the glory of The Republican Party. The Emancipation Proclamation, the Thirteenth Amendment, the Fourteenth Amendment, and the Fifteenth Amendment were the work of The Republican Party, and the ele- ments of this great program which constituted the real ratification in perpetuity by the whole nation of the results of the war were the work of The Republican Party after the death of Lincoln. The war amendments to the Constitution for the first time imposed upon the State governments the limitations imposed upon the nation in the earlier amendments for the protection of individual rights. Since the States are the places where all the people live, and the State governments those by which their ordinary concerns are affected, these amendments first brought the protections of the Constitution home to the people and made the Constitution a thoroughly vital in- strument. The Party Fit To Govern not only succeeds, but succeeds itself. That is the keynote of the purpose of the American people to maintain political liberty under representative government. NO HIATUS IN GOVERNMENT TOLERABLE OR NECESSARY The incomparable work on The Republican Party by Francis Curtis contains a very interesting argument, apparently based solidly upon original documents, designed to prove that the so-called party organized by Jefferson under the name Republican was not the predecessor of the so-called Democratic Party. Attention is called by Curtis to the passage in Jefferson's inaugural message reading as follows : "We have called by different names brethren of the same principle. We are all Republicans; we are all Federalists." A passage in a letter sent by Jefferson to Dr. Joseph Priestley is also quoted by Curtis, reading as follows : "I have been, above all things, solaced by the prospect which opened upon us, in the event of the non-election of a President, in which case the federal govern- ment would have been in the situation of a clock or a watch run down. There was no idea of force, nor any occasion for it. A convention invited by the Republican members of Congress, with the virtual President and Vice- President, would have been on the ground in eight weeks, would have re- paired the Constitution where it was defective, and wound it up again." Commenting upon the disposition of President Monroe to bring all into the Repub- lican fold, and upon the adoption in April, 1820, by a Congressional caucus, of Clay's plan to have Congress simply recommend to the people two persons for the respective offices of President and Vice-President, Curtis says : THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT "This action seems to have been most commendable, and was fully vindicated by the result, for Mr. Monroe received every electoral vote but one, and even that one vote was not a hostile one. It was now evident that for the time being, at least, nearly all the voters of the country were Republicans, including most of the Federalists. It was called 'A great Republican fusion — resulting in an era of good feeling.' The Republicans had abandoned their strict construc- tion policy and adopted the more liberal principles of the Federalists. 'There should be now no difference of parties,' said Josiah Quincy, 'for the Repub- licans have out-federalized Federalism.' " THE DIFFERENCES BETWEEN THE TRADITIONAL PARTIES Observers, domestic and foreign, Bryce among the number, have asserted that there is no real difference between what they are pleased to call the two great parties in the United States. Democrats, while not engaged in doing their best, whether in or out, to wreck the national government and scuttle the Ship of State, are busily cooing that there is no difference between the parties and that their nominees, who usually have applied opiates to intellect and conscience for long periods to keep themselves in line for the opportunities of bad Republican weather when Democrats are so fond of proposing names that seem to indicate brains and character, are superior to the nominees of The Republican Party in public morality and personal independence. The system of the so-called great party labeled "Democratic" provides for perpetual preparedness for political opportunities combined with the creation of such oppor- tunities by a refusal to co-operate in the organization of the government by the ma- jority, by a continual backfire of carping criticism, and by the formulation of false issues in no way related to the work of government. The persistence of the Demo- cratic group on the political horizon is an enigma. A veteran Northern Democrat expressed the allure in this way : "The trouble with the party is that it hasn't any men and it hasn't any principles. But I love it just the same." Grover Cleveland is credited by Martin H. Glynn, former Governor of New York, who delivered the "He Kept Us Out of War" keynote speech in the St. Louis convention of 1916, upon which Wilson ran in that election, with this aphorism, uttered in the last months of his life, after the Democratic party had become the antithesis in men and principles of what he loved: "Whatever your party may do, it is always a mistake to vote for a Republican." Volun- tary blindness is a poor guide in public affairs. It certainly takes a blind man to see the use of the so-called Democratic party to-day. THE DEMOCRATIC PARTY SURRENDERED TO SLAVERY AND WAS DESTROYED IN 1860 The Republican Party stands not for the running down of government viewed with such complacency by Jefferson but for continuity in government and the full vigor at all times of all the functions of all branches of the government. The differences be- tween a government of all Republicans and all Democrats is the difference between national life and national death. The "era of good feeling" when all became "Repub- licans" in the Jeffersonian sense was followed by forty years of surrender to Slavery. Since that supporting interest itself succumbed there has been no political party as its successor. The use of the name "Democratic Party" is meaningless. The coincidence that the nucleus of the compact minority which uses the name is the political machine C313 REPUBLICANISM OF NINETEEN-TWENTY of the Solid South merely illustrates the truth that nothing but the "trick and device" of politics has succeeded to the questionable honor of "the name. The answer to the inference left open by Curtis that, since the Jacksonian Democratic party was not the true successor of the earlier Republican party, The Republican Party of Lincoln might lay claim to the honor, is that the Jeffersonian party, during the lifetime of the men who dominated the Democratic party of 1860, exercised not the slightest influence on national politics, and the party must, therefore, be considered to have been com- pletely destroyed, and to have been destroyed by slavery, while The Republican Party of Lincoln destroyed slavery and thereby made itself and the nation indestructible. The only pretext for the assertion that the Democratic party continued to exist is the assumption that it continued to exist as a minority party, the very phrase being a de- scription of an institution which has no part in the work of American government. The tolerance of the existence of a destructive force as a supposedly harmless ad- junct is the fatal error of American politics since the War of the Rebellion. From the beginning of our national existence, the proposal of the so-called other great party has been in substance that the nation abdicate its functions. The first great boast was of parochial localism and a congenital incapacity for political action on a large scale; then it was of State localism and sectional localism, and then of subordination of national existence to Slavery. Now machines anathema locally swing national conventions. THE DEMOCRATIC PARTY HAS BEEN KEPT ALIVE ON SPOILS, HERESIES, AND FALSE ISSUES "To the victor belong the spoils" was the typical Democratic doctrine contributed to American politics by Andrew Jackson. Consistently down to Wilson and including his "idealist" diplomacy, "deserving Democrats" have been permitted to despoil. The Republican attitude was expressed in President Grant's message on the first Civil Service Commission, created by a Republican Congress. He said: "We propose also that in this country the places in the public service shall be re- stored to those who are found to be fitted for them, and if any one is disposed to think that an abuse of forty years is a law of the Republican system, a little reflection will show him his error." Lincoln inherited from Buchanan a bankrupt treasury and a nation with impaired credit. Previous to 1861 about sixteen hundred private corporations throughout the country were issuing the bank-note circulation which caused the severest fluctuations and great losses in discount and exchanges. During the war itself a national currency system was established and the national credit restored. The refunding of the na- tional debt and the resumption of specie payments were thus assured. Under Taft, the Aldrich-Vreeland Emergency Currency Act was passed and the Federal Reserve System prepared for adoption. The Democratic program before and after 1861 was one of repudiation of national obligations, and Democratic political opportunity was found in persistent and unintermittent obstruction to the constructive work of The Republican Party to maintain the honor of the nation. Under one cloak or another, Democrats worked for a chance to put into operation the theory of Free Trade which had led the nation into bankruptcy by 1860. This doctrine was based on two char- acteristic delusions, that the chief object of American industry was the export of cotton for manufacture abroad and the opening of American markets to the products of foreign labor. The classic argument of all time for free trade was made by George C323 CJ{jxuxx^l H(- beJieuf THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT McDuflie of South Carolina, who frankly stated the logical conclusion of nullifica- tion. So far did devotion to Slavery lead these "statesmen." It was the protective tariff which financed the war, paid the national debt, and established the credit and prosperity of the nation. No Democratic statesman down to the present time has balked at grasping the issue of Free Trade as the only way of avoiding endorsement of The Republican Idea based upon concern for this country alone. Between the two systems the conflict is as irreconcilable as that between right and wrong. At the beginning, in the middle, and at the end of Seward's "Irreconcilable Conflict," in 1856, in 1860, and in 1864, the same so-called Democrats grasped as an issue the proposal to turn back and to repudiate every obligation of honor, morals, civiliza- tion, and statesmanship. Their successors saw in 1896 an issue in their proposal to model the monetary standard as suited the owners of silver mines. And for nearly two years now they have sacrificed the American people to their purpose to make an issue out of their proposal that in the name of a dream of international peace the hundred and twenty millions of Americans in the United States shall abdicate their responsible representative government of the people, by the people, and for the people in favor of the irresponsible representatives of other nations and place the peace of the world, preserved at the price of such costly sacrifice by the American people, in the keeping of those who proved themselves unable to preserve it or bring it back once dis- turbed. Anything is good enough for an issue of the so-called Democratic party which will lend plausibility to the absurdity entertained by foreigners not gifted with the native-born's instinctive perception that there isn't any real difference between "the two great parties" and afford a background for the assertion of a distinguishing issue at election time. As a matter of fact, there isn't any such thing as a Democratic party. Between elections, the thing labeled "Democratic," whether in or out of office, is a con- trivance suffered by a thoughtless public to lie around loose to be grasped by any ambitious person without hope of entrance into politics by membership and service in The Republican Party. Cox was nominated by the Tammany New York had annihilated! CONSIGNED TO DESTRUCTION BY ITS OWN SUCCESSFUL NOMINEES FOR PRESIDENT Since the Civil War there have been two incumbents of the Presidency called Democratic. The political career of each brought the conviction even to these party chiefs that there was no Democratic party. Whenever the thoughtlessness of the voters has permitted the country to be visited with a spell of Democrats in office, there has been created a clarifying crisis in which the nation has perceived the true place of The Republican Party in American Government and called it back to avert the threat- ened shipwreck. Senator Foraker, in nominating McKinley, said : "The proud columns that swept the country in 1892 are broken and hopeless in 1896. Their boasted principles when put to the test of a practical appli- cation have proven delusive fallacies and their great leaders have degenerated into warring chieftains of hostile and irreconcilable factions." The expectant Cleveland, while awaiting his own nomination, said to an intimate just before the news of Blaine's nomination reached him: "Oh, neither Blaine nor Arthur will be nominated. I have observed that in the time of a crisis, the moral sense of The Republican Party comes uppermost. The crisis is here. The Republican situa- tion demands the nomination of Edmunds. Edmunds will be nominated." C33I] REPUBLICANISM OF NINETEEN-TWENTY What Grover Cleveland said of the moral sense of the Democratic party to any in- timate friend in 1896 has never been printed. What the American people thought of it is history. Fairly tried, from 1893 to 1895, the two Democratic Houses and the Demo- cratic President were a "wild team" and a helpless driver. In 1918, with a similar situation, the people turned the government in the middle of the war so far as possible over to The Republican Party by repudiating the Democrats in the Congressional elec- tions, for being "too proud to fight," for "he kept us out of war," and for surrender to a league of the nations we have saved from annihilation! And as, in 1896, the Demo- crats found a new issue and submitted a proposal for "the unlimited coinage of silver at the ratio of 16 to 1 without awaiting the aid or consent of any other nation" and suc- cumbed for sixteen years of "innocuous desuetude" to the siren speech of the issue's author, so, now, their platform submits as an issue, though the Convention itself didn't believe in it, the Wilson demand, adopted by his proxies in the Convention, that representative government in the United States be abandoned in favor of a super- government of supermen without responsibility to the American people. Now by the united vote of all Americans this so-called party should be relegated to perpetual desuetude or to the class of the petty factions which have gloried in the ephemeral names of Populist, People's, Socialist, and Labor. Was that a true American national pobtical party which stood for Free Silver, for scuttling the Philippines, for Free Trade, for the direct "rule of the people"? In the British system no faction but a patriotic, constructive, co-operating group is tolerated, and nowhere is any other tolera- ble. And Hobhouse was moved by this fact to invent the truthful description of the "outs" as "His Majesty's Opposition." The "opposition" in the United States is God knows whose! Under a Constitution which prescribes what Senator Evarts called "periodicity," where an administration is seated with responsibility four years off and the political machinery for responsiveness provided in the British system is waived in favor of the indefinable contact with and influence of the people and an in- sistence upon a settled prospect for a continued period, the continuous and smooth operation of the government is essential to the country's welfare, if not to its continued existence. The American system does not provide, as does the British, for "going to the country" upon every seriously contested issue, nor on any issue whatever. The American people govern under the Constitution through their representatives and they both desire to trust their representatives and are able to keep in touch with them. In American politics a man who carries an issue about his person is a fit object for suspicion and a faction which hatches up an issue for the pur- pose of being placed in control of the national government through espousing it is a menace to the country. The Republican Party was not established upon an issue. As the nation was saved by "postponing and suspending all differences with regard to political economy or administrative policy" as urged by the convention "under the oaks" at Jackson, Michigan, July 6, 1854, so it is always to be saved by the elimination of so-called issues from elections, where the opposition has consistently intricated fact and fiction, and by leav- ing to the contest of the Executive, the two Houses, and Senators and Representatives among themselves, the settlement of "all differences with regard to political economy or administration." The destruction of Slavery was worthy of being ranked with any issue since discussed, yet the actual destruction was incidental to the work of The Re- publican Party in serving and saving the nation itself. For twenty-four years, or six four-year terms, after 1860, the only result of the national elections was to give the C34] TH E REPUBLICAN PARTY IN AMERICAN GOVERNMENT opposition power in Congress. For the years 1875 to 1880 the House was Democratic, and in 1879 and 1880 the Senate was Democratic also. From 1883 to 1888, and 1891 to 1894, the House was again Democratic, and in 1893 and 1894 the Senate was Demo- cratic also. In 1895 and 1896 there was no party majority in the Senate and the House was Republican, the President being a Democrat from 1892 to 1896. From 1897 to 1912 The Republican Party served the country without hindrance from the opposition, except that offered by an impotent Democratic majority in the House of Representa- tives from 1910 to 1912. In 1912, by reason of a defection from The Republican Party, the opposition, and with a minority vote, again had the Executive and both Houses. Despite the power attained by the opposition in the Democratic victories from 1875 to 1912, the only legislation produced by that so-called party was the Wilson-Gorman tariff, in force only from 1894 to 1897, which the Democratic President refused to sign and denounced as "party perfidy and dishonor"; and the New York World, just before the election in 1912, declared that The Republican Party alone had produced any legis- lation since the Civil War, and on the morning of November 6, 1912, this Democratic organ declared: "Under the leadership of Woodrow Wilson the Democratic party has won its greatest victory since 1852." It may now be safely added that seven years of the leadership of Woodrow Wilson have left the Democratic party more discredited than by the election of 1860. The question may, therefore, be asked: "Who wins when the Democratic party has a victory?" That the American people didn't "win with Wilson" was admitted by the same Democratic New York World on the eve of the disastrous inauguration of the "rule of the people." On March 3, 1913, the day before President Taft was to yield office to President Wilson, The World said : "Sixteen years ago, with William McKinley at its head, The Republican Party was restored to power. It has been supreme in all departments of government during that time except for the last two years in the House of Representatives. It carried four national elections by tremendous pluralities. It polled in 1908 for William H. Taft the greatest vote ever thrown for a Presidential candidate. It goes out of office to-morrow a third party, its candidate the choice of but two small States, its ranks broken, its leaders implacably hostile to each other." "Yet this once invincible organization has a wonderful record of achievement which its successor must not belittle. During those sixteen years, with Democratic assistance it is true, the Republicans have established the gold standard, car- ried on the war with Spain, kept faith with Cuba, liberalized the government of the Philippines and Porto Rico, constructed the Panama Canal, given us postal savings banks, rural free delivery, the parcel post, new railroad-rate laws and enlightened labor laws, extended to some extent the principle of international arbitration, and during the administration now closing, enforced vigorously for the first time the civil and criminal law against trusts. "To Mr. Taft personally belongs the credit of upholding in the face of many obstacles, ideas of economy and of carrying to success in Congress his proposi- tion in favor of Canadian reciprocity. By the one he has given the people of all parties lessons, of lasting value, we hope, on the subject of governmental C353 REPUBLICANISM OF NINETEEN-TWENTY extravagance. By the other he conducted a campaign of education against the folly and waste of tariff wars between neighboring nations, which cannot fail to add much to public enlightenment." What a commentary on the folly of a "split" from The Republican Party ! What an argument for the "Democratic minority" taking its place as an integral part of the one great national party! What an answer, supplemented by the lessons of the Wilson years, to the rule of an autocrat with the cry of "the rule of the people." THE DEMOCRATIC PARTY HAS NOT MADE A REAL ISSUE AGAINST THE REPUBLICAN PARTY SINCE THE WAR OF THE REBELLION What have been called issues were not settled in any of the elections except that of 1860. The Republican Party had kept on steadily, whether in complete or partial control of the Government or in the minority, at its work of building up the nation. The existence of "periodicity" is not perceived during a Republican administration, but what an age the period of four years can seem with a Democratic prophet elected upon an issue already disowned in his own house trying to run the government! Cleve- land repudiated the Democratic Congress and the Democratic party repudiated Cleveland. With a renomination in view, Wilson, from 1914 to 1917, dared not stand for American rights against the Democratic Congress, conducted his campaign upon the promise that he would make good his boast that "he kept us out of war," and im- mediately after his second inauguration cast aside the Democratic majorities in Senate and House, and admitted that the Republican minorities had been right from the be- ginning. And in the Congressional elections of 1918, the people showed that they had discovered that it was The Republican Party, even in the minority, which was stand- ing for the nation, and they met the President's second appeal to stand by the Presi- dent with a vote that meant that they were going to stand by the nation, and that to do so they must stand by The Republican Party. The people are not looking for "periodic" issues; that is the trade of the so-called Democratic party; what the people want is responsiveness, not three years late and for campaign purposes only, but im- mediate and sincere; and it is clear now that the Democratic use for issues is merely to throw them as dust in the eyes of the voters. In the Solid South, where the Demo- cratic party is known for what it is, namely, a political device to put and keep the South in the saddle, there are no issues and there are no elections. Contests purely local and personal are decided in a primary. The election merely ratifies the result of the primary. The Senator or the Representative represents neither party nor prin- ciple, but only one thing, and that is the Solid South. An issue is looked upon in the South as a plant not grown in Southern soil or safe to cultivate among the Southern brethren, whose growth, however, is fostered in the North by the South and its politi- cal agents there to tangle the feet of the politically unwary. The so-called Democratic party, therefore, ekes out its precarious existence by refusing to become national. Its strong men, however, have often risen above party and the protest of Southern states- men to-day against the Wilson divine right to "keep us out of peace" shows that Ameri- can statesmanship no longer knows State or sectional lines and that the day of the party based upon "States' Rights" and "Sectionalism" is past. Its entire history, and none more clearly than its recent history, is a confession that only one national party is necessary and that The Republican Party is the only "Party Fit To Govern" in the United States. Cox stands for the worst elements in the Democratic past. C363 THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT THE PLATFORM PRETEXTS FOR DEMOCRATIC NOMINATIONS HIGH-SOUNDING BUT FRIVOLOUS The so-called Democratic platforms, from 1856 to 1920, have been absurdities pure and simple. The first three, which amounted to nothing less than treason, have already been examined. It is to be assumed that a political party takes full advantage of the opportunity afforded by the drafting of a platform to justify its existence. The so- called Democratic party has never been able to do so. The best that may be said for the attempts at justification embodied in the so-called Democratic platforms is that they have always represented the views of an insignificant minority of Republicans. In 1868, for example, the Democratic platform tendered to Andrew Johnson the thanks of the so-called Democratic party for his efforts in resisting the aggressions of the Republican Congress, to wit, the representatives of the loyal North, and their resolute program for completing the work of saving the nation. The so-called Democratic platform of 1872 was introduced by the following paragraph : "We, the Democratic electors of the United States, in convention assembled, do present the following principles, already adopted at Cincinnati, as essential to just government." The principles referred to in the above resolution were incorporated in the so-called Liberal Republican Platform, adopted at a convention held at Cincinnati, Ohio, on May 1, 1872, to nominate Horace Greeley, of New York, for President and B. Gratz Brown, of Missouri, for Vice-President. The so-called Democratic Convention of 1872, held at Baltimore, July 9, 1872, nominated the same candidates and adopted their plat- form. The vote for the Republican electors in 1872 was 3,597,070, for the Democratic 29,408, for the others, including the Liberal Republican electors, 2,839,687. Both the people and the so-called Democratic party decided in 1872 that there was no necessity for the existence of the so-called Democratic party. In 1876 the Democratic party did nominate candidates. The platform, however, proposed nothing either new or constructive. It was all for reform. It said: "Reform can be had only by a peaceful civic revolution. We demand a change of system, a change of administration, a change of parties, that we may have a change of measures and of men." The thoroughgoing quality of the revolutionary reform proposed to be brought about by the so-called Democratic party, if put in power by the election of 1876, may be judged from the high-sounding thunder of approval with which the platform re- warded the tremendous efforts of the Democrats in control of the House of Represen- tatives from 1875 to 1876. This peacefully revolutionary convention resolved as follows : "Resolved, That this convention, representing the Democratic party of the United States, do cordially indorse the present House of Representatives in reducing and curtailing the expenses of the Federal government, in cutting down salaries, extravagant appropriations, and in abolishing useless offices and places not required by the public necessities; and we shall trust to the firmness of the Democratic members of the House that no committee of conference and no misinterpretation of the rules will be allowed to defeat these wholesome measures of economy demanded by the country." C37] REPUBLICANISM OF NINETEEN-TWENTY The manufacturing plant whose payroll would not exceed to-day what these con- structive revolutionists thought their party had saved the country up to 1876 would be small indeed. And there is probably no payroll of any American manufacturing plant to-day which would be in existence, at least in the United States, if the so-called Demo- cratic party had been permitted to put into operation the tariff theories proposed as a part of its peaceful revolution of reform. THE DEMOCRATIC NOMINEE OF 1880 CALLED THE TARIFF "A LOCAL ISSUE" The so-called Democratic party has never admitted that its candidates of 1876 were defeated. The platform of 1880 proposed that the people punish in 1880 "this crime" of declaring Hayes to be elected President, to which "the Democratic party, to pre- serve the country from a civil war, submitted for a time in the firm and patriotic faith that the people would punish this crime in 1880," which issue "precedes and dwarfs every other." Rut the convention neglected to give the people the opportunity to punish, for, instead of renominating Tilden, who didn't happen to own the nominating machinery at the time, the convention sent "the sympathy and respect of his fellow- citizens" after him into "the retirement" he had "chosen for himself," and assured the peaceful revolution in tariff reform by nominating in the place of Tilden that handsome warrior-statesman, General Hancock, who waved aside the tariff by declar- ing it a "local issue." Hancock was right. The Democratic tariff issue is and always has been local and its habitat is the Solid South and the Rritish Empire. THE DEMOCRATIC CANDIDATE FROM 1884 TO 1892 PROMISED PROTECTION THROUGH THE "TARIFF FOR REVENUE ONLY" OF A FREE TRADE PARTY The Democratic platform of 1884 submitted the "great issue of reform and change in administration" to the people, expressed regret that Tilden could not be induced to permit the people to vote in 1884 upon the "crime" of 1876, attempted to reassure "interests" that reduction of the tariff would not hurt them or reduce wages, called The Republican Party "a reminiscence, so far as principle is concerned" and the pro- tector of the interests controlling its machinery. It is always a virtue of the Democracy that it has no machinery and no cohesiveness. The Republican Party, however, for the twenty-eight years of its existence had had, according to the Democratic platform, too much unifying machinery, as a result of which circumstance, "during its legal, its stolen, and its bought tenures of power" it had "steadily decayed in moral character and political capacity, its platform promises being now a list of its past failures." This was the best judgment of the convention which nominated Grover Cleveland, who had said a few weeks before that "in the time of crisis the moral sense of The Republican Party always comes uppermost," to lead a tariff reform which tapered down from the Free Trade Mills Bill passed by the Democratic House to the passage of the Republican Senate's amendments to the internal revenue law. It was the same Cleveland who, having straddled the tariff in 1892 in order to elect himself and a Free Trade Congress on the Protection promises in his letter of acceptance, before 1896 was obliged to give up the so-called Democratic party and its best effort on the tariff in disgust and chagrin. But even Cleveland would revolt at the Wilson surrender Cox swallows. C883 THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT THE DEMOCRATS INCONSISTENT NULLIFIERS ON THE TARIFF Every bit of tariff legislation in force from 1861 to 1894 had been enacted by The Republican Party. The Democratic platform of 1888 had declared that "our estab- lished domestic industries and enterprises should not and need not be endangered," and submitting its "principles and professions to the intelligent suffrages of the Ameri- can people," promised to "promote the advantage of American labor by cheapening the cost of necessaries of life" by opening American markets to the products of foreign labor, "and at the same time securing to every American workingman steady and re- munerative employment," presumably in foreign factories. The intelligent suffrages saw the point and, desiring a "full dinner-pail" for American labor, elected Harrison instead of Cleveland and also elected a Republican Congress. It was probably this ex- perience and the enactment of the McKinley Tariff by the Republicans that caused the Democratic platform of 1892 to "declare it to be a fundamental principle of the Democratic party that the Federal government has no Constitutional power to impose and collect tariff duties, except for revenue only." The tariff being "a local issue," this declaration went back to the nullification threats of 1832, and abandoned the ambition of the Democratic platform of 1888 to "promote the advantage of American labor." The Supreme Court of the United States did decide that the internal revenue amendment of the Democratic tariff act of 1894 was unconstitutional, but Cleveland, the Democratic President, permitted it to become a law. The author of the tariff provisions, William L. Wilson, in apologizing for the Gorman-Wilson bill, admitted that only a slight breach had been made by the Democratic Congress in the wall of Republican protec- tion, and could only urge that the bill was not as bad as the McKinley bill. Yet Cleve- land, the Democratic President, though elected on a platform which denounced a pro- vision for protection in a tariff bill to be a violation of the Constitution, and though convinced, as he wrote, that the measure had been passed in response to questionable influences and was so bad that he refused to sign it, did not veto the bill but permitted it to become a law. Senator Mills, the author of the Mills bill, condemned the Gorman- Wilson tariff. It was, in substance, an attack on American manufacturers, with pro- tection for foreign importers, which sort of protection the Democratic party has always considered justified by the Constitution. SINCE 1896 SUCCESSIVE FAKE "PARAMOUNT" ISSUES HAVE SIDE-TRACKED THE GREAT STAND-BY TARIFF HOAX OF AMBITIOUS DEMOCRATS The Democratic platform of 1896 frankly declared the Democratic party to be the national purveyor of those nostrums called paramount issues. Having demonstrated utter incapacity for framing a tariff bill during two years of control of all branches of the government, the Democrats, in 1896, gave up the tariff in disgust as the paramount issue and never have returned to it as such since. The platform of 1896 declared as follows : "Recognizing that the money question is paramount to all others, . . . until the money question is settled, we are opposed to any agitation for further changes in our tariff laws, except such as are necessary to meet the deficit in revenue caused by the adverse decision of the Supreme Court on the in- come tax." C39H REPUBLICANISM OF NINETEEN-TWENTY THE "BURNING ISSUES" OF FREE SILVER AND ANTI-IMPERIALISM The money question was soon settled by the election of William McKinley and a Republican Senate and House of Representatives and the enactment of the Dingley Tariff. Yet, though the House was again on fire, the Democrats, despite the extreme provocation the Dingley law must be considered to have been, put the fundamental Constitutional and economic question of the tariff aside in favor of another paramount issue. After predicting dire results as a consequence of our occupation of the Philip- pines, the Democratic platform of 1900 proceeded as follows: "The Filipinos cannot be citizens without endangering our civilization; they cannot be subjects without imperiling our form of government; and as we are not willing to surrender our civilization nor to convert the Republic into an Empire, we favor an immediate declaration of the purpose to give the Filipinos . . . independence. . . . We are in favor of extending the Republic's influence among the nations, but believe that influence should be extended not by force and violence, but through the persuasive power of a high and honorable example. "THE PARAMOUNT ISSUE "The importance of other questions now pending before the American people is nowise diminished and the Democratic party takes no backward step from its position on them, but the burning issue of Imperialism growing out of the Spanish war involves the very existence of the Republic and the destruction of our free institutions. We regard it as the paramount issue of the campaign." How the then uncaptured Aguinaldo and the then not yet Secretary of State Bryan would laugh if the one read these platform utterances of 1900 to the other to-day! Imperialism perished as an issue the day after the election of November, 1900. It was, to be sure, reiterated in the Democratic platform of 1904, along with the other Demo- cratic cadavers. But that meant nothing. The free and unlimited coinage of silver plank of 1896 was actually reiterated in the Democratic platform of 1900. DEMOCRATIC DUPLICITY ON SOUND MONEY In the Democratic convention of 1904, the "gold" plank was struck out upon the demand of the "free silver" men. Correctly interpreting this move, the nominee as a candidate of the Democratic party for President, Alton B. Parker, telegraphed to the convention that he would not accept the nomination otherwise than as an advocate of the gold standard. The convention voted, 774 to 191, to send to Judge Parker the following message : "The platform adopted by this convention is silent on the question of the monetary standard, because it is not regarded by us as a possible issue in this campaign." Yet in 1908 the prophet of "free silver," William Jennings Bryan, was nominated, and in 1912, his choice, Woodrow Wilson, was nominated over the first choice of a large majority of the delegates on many ballots, and Bryan was named as Wilson's Secretary of State. One of the early products of the Democratic Senate and House of Representatives was the Owens-Glass perversion of the work of Republicans under the E40: &£>C~e~ t-XL THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT lead of Senator Aldrich for an elastic currency system, by which, as Senator Root objected at the time, the limit of note issues was taken off, changing elasticity into the gross inflation in which Bryan and his "free silver" crew should have great joy. DEMOCRATIC FALSE PRETENSE OF PROTECTION THROUGH RECIPROCITY The Democratic platform of 1904 bore the unmistakable impress of the genius of Bryan in the veracious statement: "Protection is a robbery of the many for the benefit of the few." But with characteristic Democratic logic, the same platform declared for that exten- sion of the theory of protection which is associated with the name of the Republican statesman whom the Democrats assailed more bitterly and more unjustly than any of the other victims of their unspeakably dishonest system of assassinating Americanism wherever it holds its head high, whether in individuals or The Republican Party. Con- tradicting their denunciation of Blaine, their nullification theory that protection vio- lates the Constitution, and their "tariff for revenue only" pretense, they adopted a plank favoring Reciprocity as follows : "We favor liberal trade arrangements with Canada and with peoples of other countries where they can be entered into with benefit to American agricul- ture, manufactures, mining, or commerce." Reciprocity treaties, provided for by the Republicans under the McKinley law, were concluded and proclaimed in the administration of President Harrison by James G. Blaine as Secretary of State, as follows : With Brazil, February 5, 1891 ; with Spain, for Cuba and Porto Rico, July 31st; with Santo Domingo, August 1st; with Salvador, December 31st; with Great Britain, for British Guiana, Trinidad, Tobago, Barbadoes, and the Leeward and Windward Islands, excepting Grenada, February 1, 1892; with Germany, February 1st, with Nicaragua, March 12th; with Honduras, April 12th; with Guatemala, May 18th; and with Austria-Hungary, May 26th. The Democratic plat- form, adopted June 21, 1892, denounced these treaties as "sham reciprocity which juggles with the people's desire for enlarged foreign markets and freer exchanges, by pretending to establish closer trade relations for a country whose exports are almost exclusively agricultural products, with other countries that are also agricul- tural, while erecting a custom house barrier of prohibitive tariff taxes against the richest countries of the world, that stand ready to take our entire surplus of products, and to exchange therefor commodities which are necessaries and comforts of life among our own people." The Democratic House of Representatives, elected in 1910, drafted and passed tariff bills purely sectional which disclosed on their face the purpose of the Democratic party to deny protection of any sort to American industry. The purpose to give sup- plemental aid to protection by reciprocity conventions was not disclosed. The preced- ing Republican Congress provided for a tariff commission but the Democratic theory of tariff legislation requires no knowledge or investigation and the next Democratic House refused to provide this commission with funds. The Congress, of which both branches were Democratic, that went in with Woodrow Wilson enacted in the Sim- mons-Underwood bill a tariff which disregarded absolutely the scheme of reciprocal trade agreements, and Mr. Underwood repeatedly declared that the bill was based upon C413 REPUBLICANISM OF NINETEEN-TWENTY the purpose to make impossible any profit thereunder to any American industry. It took no less a cataclysm than the World War to save the nation from the disaster that was impending under the Simmons-Underwood tariff. "THE DEMOCRACY" A PERPETUAL FALSE ALARM The consistent design of the Democrats with respect to the tariff and currency legis- lation has been that of William Jennings Rryan when he advised Democratic Senators to vote to ratify the Philippine Treaty so that the Democrats could make the "Imperial- ism" created by such ratification an issue in the approaching campaign, when he re- sisted the movement of the Republicans to attain bimetallism by international ar- rangement in order that he might lash the country into a frenzy of hysteria upon the issue of "the free and unlimited coinage of silver at the ratio of 16 to 1 without await- ing the aid or consent of any other nation," and when he deplored agitation in favor of Prohibition in 1916 upon the plea that he was saving the movement up for a paramount issue in 1920. That design, with the purpose to serve the Solid South at the expense of the rest of the country, tells the whole story of the series of nostrums called Democratic issues. In 1908 the Democrats did not confine themselves to one paramount issue but put out a whole line of nostrums. The guarantee of bank deposits, the limiting of produc- tion by any corporation to the arbitrary amount of fifty per cent, of the total product, the illusory bait to the labor vote of the promise to secure by class legislation the com- plete exemption of labor organizations of whatever kind from the summary jurisdiction of courts of equity and the removal, thus, of both the only adequate protection of law and order and the only guarantee of the just settlement of industrial disputes, and the arbitrary classification of all railroads as either interstate or local, are some of the so- called issues with which the so-called great national Democratic party disturbed the rest and confidence of the country in 1908. When the Democratic convention speaks it is always with the accompaniment of fire-bells. The house is always burning and the Democrats, while denying that they have themselves set the conflagrations, always in- sist that they were the first on the scene. But they have never sounded a note, uttered a cry, or made an issue" which did not turn out to be a false alarm. By Democratic vic- tory the proof has been made the more clear. The Republican Party, on the other hand, has for sixty years continuously maintained a reputation which has remained a talisman for confidence, national unity, and settled prosperity. It is safe to say that no single cause has contributed more to the miseries that have from time to time befallen this nation than the continued existence of the nominating machinery falsely labeled as the Democratic party. Every conceivable excuse and pretext for the justification of this everlasting menace to the welfare of the American people has been exhausted. The system stands to-day convicted without the possibility of any plea even of extenuating circumstances. Let the Republican landslide this year mark the end of the folly. WILSON'S AUTOCRATIC RULE OBTAINED ON THE "RULE OF THE PEOPLE" ISSUE AND SUSTAINED BY THE ANNIHILATION OF THE DEMO- CRATIC PARTY AND THE DENIAL OF ITS FUNDAMENTAL TENET OF "STATES' RIGHTS" It remained for Woodrow Wilson to shatter the myth of the militant Democracy. Every Democratic platform from 1830 on pre-empted the role of trust in the people for the so-called Democratic party. It remained for the Convention of 1912 to disclose C423 THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT that this trust was the assumed subjective trust of the people in the so-called Demo- cratic party as an irresponsible agency to carry on the government combined with a similarly subjective distrust of the same "dear people" for The Republican Party. The Democratic platform of 1912, in despair of divorcing The Republican Party from its direct contact with the people through elected representatives, denounced all trust in party government. The paramount issue of Woodrow Wilson was set forth as follows : "RULE OF THE PEOPLE "We direct attention to the fact that the Democratic Party's demand for a return to the rule of the people expressed in the national platform of four years ago has now become the accepted doctrine of a large majority of the electors. We again remind the country that ONLY BY A LARGER EXERCISE OF THE RESERVED POWER OF THE PEOPLE CAN THEY PROTECT THEM- SELVES FROM THE MISUSE OF DELEGATED POWER AND THE USUR- PATION OF DELEGATED POWER BY SPECIAL INTERESTS. ... The Democratic party offers itself to the country as an agency through which the complete overthrow and extirpation of corruption, fraud, and machine rule in American politics can be effected." Thus came the so-called Democratic party to an end. The only intelligible theory it ever represented was the one reiterated in the Democratic platform of 1912, namely, that "the reserved power of the people" must be exercised through the governments of the States. In the actual application of this theory by its exponents, it has always meant "the governments of the States of the Solid South." The unit rule and the two-thirds rule in Democratic conventions ensure this applica- tion. The proportion of "the people" represented by these States, with their allotted power in Congress and in the Electoral College, had become, at the time of the last census, without taking into account the circumstance that by the practical disfranchise- ment of the negro the actual voting population of the Southern States was greatly re- duced, as follows: THE SECTIONS IN 1910-1913 Electoral Population Senate House Vote The South 29,187,008 30 135 165 The Northwest 29,888,542 24 143 167 The Middle States 19,518,214 8 92 100 New England 6,825,821 12 32 44 The Pacific States 6,552,681 22 33 55 Total 91,972,266 96 435 531 But the preservation of the system by which little more than one-half the population of States having a total of less than one-third of the entire population of the country might rule the entire country was not the aim of the purposeful nominee of the ma- chinery justified by the trust of the people in its masters. Nothing better illustrates the deception Woodrow Wilson practised upon the people when he bade them to gaze longingly on the prospect of taking in their teeth the bit of direct exercise of "the reserved power of the people" than the dog fable made a classic in American politics c«3 REPUBLICANISM OF NINETEEN-TWENTY by Thomas B. Reed in his application of it to the lure of the world markets held before the American people for over a hundred years by the representatives of the Solid South. Mr. Reed said : "Once there was a dog. He was a nice little dog. Nothing the matter with him except a few foolish Free-Trade notions in his head. He was trotting along as happy as the day, for he had in his mouth a nice shoulder of succulent mutton. By and by he came to a stream bridged by a plank. He trotted along, and, looking over the side of the plank, he saw the markets of the world and dived for them. A minute after he was crawling up the bank, the wettest, nastiest, and most muttonless dog that ever swam ashore." "DEMOCRACY" TAPERED FROM OLIGARCHY TO AUTOCRACY When Woodrow Wilson proposed that the people exercise the reserved power di- rectly, what he meant and intended was that they take it away from their representa- tives, and what the people discovered when they looked for this power was that Wood- row Wilson was exercising it, by such withdrawal of it from the people, directly him- self. The term of the members of the Sixty-fifth Congress began on the same day with the second term of Woodrow Wilson, March 4, 1917. The new Congress was composed of 53 Democrats and 42 Republicans in the Senate, and 216 Democrats, 210 Republi- cans, 2 Progressives, 1 Prohibitionist, 1 Socialist, and 2 Independents in the House, with three vacancies. To the retiring Congress, more strongly Democratic, the President had delivered February 26, 1917, an address recommending "armed neutrality." He called the new Congress in extra session about thirty days after his second inaugura- tion and, without previous warning of or consultation with Congress, himself in effect made the declaration of war upon which it was their exclusive province to decide, and for which it would have been their duty had they not been lulled into security by him, as it had been his duty knowing of the prospect of war, to prepare. From the begin- ning of the European struggle the Republican minorities had been insistent on the protection of American rights, the maintenance of American honor, and the perform- ance of the duty of the United States in the circumstances. The Democratic majorities and the President had resisted the pressure of the Republican minorities for action. When, after long delay, permitted to pass not only without planning or preparing for action but in inhibiting action by Congress and the people, the President assumed the position advocated by Republicans, the Republican Congress maintained, as it had throughout the European crisis, the attitude of absolute loyalty and sincere desire to stand by the President. But when, in the fall of 1918, the campaign for re-election to Congress was on, the President challenged the people not to make a choice of repre- sentatives, and not to vote for the Republicans who had upheld him but for the can- didates of the party which had followed grudgingly into the movement for the main- tenance of American rights. The mandate of the President was that not the people but he should rule. The "rule of the people" slogan by which Wilson attained the Presidency was meant precisely as the "trust of the people" was in 1860, when the Democratic party prohibited slavery agitation. In the one case the people were im- posed upon by oligarchs, in the other by an autocrat. To trace the course of events during which Woodrow Wilson showed himself an autocrat bent upon forcing the American people to abdicate first temporarily to him and then in perpetuity to a super- C443 THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT government conceived by him and to be controlled by nations other than the United States would be as tedious and unpleasant as it would be unnecessary. It suffices to ask and to answer briefly the question to what the continued existence of the so- called Democratic party leads and to show the imperious necessity of the complete destruction of that party and the system it represents and to classify properly its sup- porters. Cox, not opposing the Wilson surrender, promises a worse one. THE OPPOSITION TO THE REPUBLICAN PARTY NOW INEVITABLY THE ADJUNCT OF BOLSHEVISM The so-called Democratic party promises to become nothing but the nominating machinery of the cowardly and dishonest element among socialists. A man who honestly believes that a government which owns all the property and all the people is a good government and says so may be respected for his candor, although pitied as of defective intellect. Such a man believes in "the rule of the people" as defined in the practice of Woodrow Wilson. The "for the people" and "by the people" of Lincoln made the kind of popular government established by The Republican Party clear. The Wilson construction would require full expression as follows: a government of the people by the government and for the government, the President being the whole government. Any man who takes a Democratic nomination accepts this and Cox has. The definition is not limitable to the autocratic attitude of Woodrow Wilson. De- spite the characteristic design of Democratic politicians to make it appear for cam- paign purposes that President Wilson does not correctly represent the Democratic theory of government, the fact is that he is a perfect embodiment thereof. That the personal peculiarities of Woodrow Wilson bulk large on the political horizon to-day is in keeping with the tradition of the so-called Democracy that each successive mani- festation of the so-called Democratic idea shall constitute the greatest menace possible at the time. Upon the assumption that unrest is the order of the day, the so-called Democracy has set its sails for every fetid breath of disloyalty current in the atmos- phere. It sails silently along, a pirate ship flying the colors of constituted authority, con- stantly on the lookout for an opportunity to scuttle civilized society. To disguise its piratical character by carrying a charter from well-intentioned persons and a full set of regular documents is part and parcel of the policy of the adventurers of the black flag. The greatest need of to-day is straight thinking. It is a crime for any honest American to be uninformed. The true believers in a republican form of government should be gathered together under one standard; the only other is that of socialism, and all opposed to a republican form of government should be herded together under it. The so-called Americans who harbor the sentiments of socialism, bolshevism, or communism should be made to display the black flag when they skulk and the red flag of anarchy when they stand forth in their true colors. Now or never, once and for all, the decent men of organized society must wrest the red, white, and blue from the masthead of the so-called Democratic party. Cox abhors "repression" of terrorism! THE "DEMOCRATS" ISSUE A SOVIET MANIFESTO IN THE DEMOCRATIC PLATFORM This need has been seen before but not clearly, although the evidence in the case has long since all been in and has been submitted to the American people. Now the time has come when the problem must be faced with courage. Until the day of Soviets and IT 453 REPUBLICANISM OF NINETEEN-TWENTY Bolshevism and the specious pretext for autocracy set up by Lenine and Trotzky, the tenets of the so-called Democratic party were not viewed in the light of their ultimate objects and logical consequences. These tenets were, however, clearly set forth in the Democratic national platform of 1908 in the concluding paragraph, as follows : "CONCLUSION "The Democratic party stands for Democracy; The Republican Party has drawn to itself all that is aristocratic and plutocratic. The Democratic party is the champion of equal rights and opportunities to all; The Republican Party is the party of privilege and private monopoly. The Democratic party listens to the voice of the whole people and gauges progress by the prosperity and advancement of the average man; The Republican Party is subservient to the comparatively few who are the beneficiaries of governmental favoritism. We invite the co-operation of all, regardless of previous political affiliation or past differences, who desire to preserve a government of the people, by the people, and for the people, and who favor SUCH AN ADMINISTRATION OF THE GOVERNMENT AS WILL INSURE, AS FAR AS HUMAN WISDOM CAN, THAT EACH CITIZEN SHALL DRAW FROM SOCIETY A REWARD COM- MENSURATE WITH HIS CONTRIBUTION TO THE WELFARE OF SO- CIETY." The promise was held out to what the Democratic platforms are pleased to call "labor" that no acts of that special class or anybody pretending to act as its representa- tive or as a member of the class should be enjoined by any Federal court or judge and that no "labor" organization should be subject to be regarded as an illegal com- bination in restraint of trade. The Democratic platforms of 1896, 1904, 1908, and 1912 made the same promise to "labor" with regard to immunity from restraint. The plat- forms of 1908 and 1912 held out the promise of unlimited right of organization without regard to the principles of law applicable to combinations and conspiracies. The ad- ministration elected on the Democratic platform of 1912 has since that time led "labor" around the vicious circle which begins with surrender to any demands of "organized labor" for higher wages and ends with the withdrawal of more than the increase from the purchasing power of the new wages and an actual reduction of the purchasing power of the wages of labor, organized and unorganized. The conditions of the war saved "labor," the country, and the Wilson administration from the consequences of this policy as in the case of the tariff policy embodied in the Simmons-Underwood bill. The deluge has been held back but the flood is now ready to burst. The self-appreciation expressed in the Republican platform of 1908 as a reply to the Democratic declaration seemed at the time sufficient. But the need of to-day is not partisan self-praise but a general alarm. If the reply of the Republican platform of 1908 was true then, that truth cries out for arresting utterance now. The plank reads as follows : "REPUBLICANISM AND DEMOCRACY CONTRASTED "We call the attention of the American people to the fact that none of the great measures here advocated by The Republican Party could be inaugurated and none of the forward steps here proposed could be taken under a Democratic administration, nor under one in which the party responsibility is divided. The continuance of the present policies absolutely requires the continuance C46] THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT in power of that party which believes in them and which possesses the capacity to put them into operation. "Beyond all platform declarations there are fundamental differences between The Republican Party and its chief opponent which make one worthy and the other unworthy of public trust. In history the difference between Democracy and Republicanism is that one stood for debased currency, the other for hon- est money; the one for free silver, the other for honest currency; the one for free trade, the other for protection; the one for the contraction of American influence, the other for expansion. One has been forced to abandon every position it has taken on the great issues before the people, the other has held and vindicated all. "In experience the difference between Democracy and Republicanism is that the one means adversity, while the other means prosperity. One means low' wages, the other means high wages. One means doubt and debt, the other means confidence and thrift. "In principle the difference between Democracy and Republicanism is that one stands for vacillation and timidity in government, the other for strength and purpose. One stands for obstruction, the other for construction. One prom- ises, the other performs. One finds fault, the other finds work. The present tendencies of the two parties are more marked by inherent differences. The trend of Democracy is toward socialism, while The Republican Party stands for a wise and regulated individualism. Socialism would destroy wealth, Republicanism would prevent its abuse. Socialism would give to each an equal right to take, Republicanism would give to each an equal right to earn. Socialism would offer an equality of position which would soon leave no one anything to possess. Republicanism would give equality to each; it would assure to each his share of the constantly increasing sum of possession. "In line with this tendency the Democratic party to-day believes in government ownership, while the Republican party believes in government legislation. Ultimately Democracy would have the nation own the people, while Republi- canism would have the people own the nation. "Upon this platform of principles and purposes, reaffirming our adherence to every Republican doctrine proclaimed since the birth of the party, we go be- fore the country asking the support not only of those who have acted with us heretofore but of all our fellow-citizens who, regardless of political differ- ences, unite in a desire to maintain the policies, perpetuate the blessings, and make secure the achievements of a greater America." If the Democratic party is to reassert the principles enunciated in its recent plat- forms, it will stand as the party of socialism; if it turns its back on its recent past, it should be logical and admit that such action was dictated by the necessity for the union of all constructive forces against the menace of socialism. And it cannot lead! THE SOLID SOUTH SHOULD BECOME WITH THE REST OF THE COUNTRY REPUBLICAN In the campaign of 1908, Mr. Taft exposed the secret of the continued existence of the Democratic party in the adherence of Southern voters to a mere name in the face of their realization that it is now used merely as a cloak for sinister designs and dis- astrous purposes. IW1 REPUBLICANISM OF NINETEEN-TWENTY What William H. Taft said at Chattanooga, Tennessee, October 16, 1908, is as true to-day as it was then and is now more pregnant with meaning. He said : "The enormous industrial expansion of the South which has taken place since 1895, and largely under the auspices of Republican administration, ought, it seems to me, to demonstrate to the thoughtful men of the South that their logical position is in the party which makes such prosperity possible. Right here in the centre of the manufacturing industries of the South, does it need an argument to convince you that the protective system is absolutely neces- sary to the continuance and maintenance of your prosperity? I know how that thing is adjusted. The Congressmen that represent each district are in favor of free trade for every other State, but they are in favor of protection for their own particular spot. A Democratic Congressman down in the south- western part of Missouri feels that they need a little protection for zinc, and is in favor of the protection of zinc against Mexico, but is for free trade in everything else. I think you ought to come over to the party that is in favor of distributing the favors of protection all over the country in order to main- tain all the industries of the country as they have been maintained by the system of protection. There are a great many men in the South, and doubt- less within the sound of my voice, who are strictly Democrats. They are to be divided into three classes. The first class are going to vote for me. The second class are not going to vote at all. And the third class are going to vote for my opponent and hope that I will be elected. I think, my friends, that you know, as I know, that that is a fair statement. So I have come here to see if I cannot convince the two latter classes that what they ought to do is to come right out and take their first cold bath in leaving historic tradition that is naturally dear to their hearts and come right into the party whose principles they approve." The persistence of the Solid South as the nucleus of the so-called Democratic party is a perfect illustration of what is called in literary composition "the pathetic fallacy," which consists in attributing feeling to inanimate objects, such as trees and fields. The ante-bellum Solid South has long been a thing of the dead past. To keep it in politics as a unit to the detriment of the people of the South and of the whole nation is a politi- cal fallacy that is indeed pathetic. As The Republican Party was formed by all who wished to save the nation in 1860 and stood loyal and united behind the President in the world war, and thereby the whole nation fused into one working body for the salvation of civilization, our com- mon welfare, and the national honor, so North and South and East and West should stand to-day and evermore in an adamantine union of all the people of the United States, a wall against the progress of Socialism, Bolshevism, and Communism, shutting out of political power all professional organizers of discontent and from political activity all who are unwilling to stand forth in their true character as enemies of the Republic. An invitation to the Solid South to take its place in the councils of The Republican Party was issued May 25, 1920, by Senator Lodge in the following statement: "The spirit of national unity is vital to the United States. It has been the dearest hope of all right-thinking men ever since the civil war to see that spirit rule throughout the country. Wonderfully developed by the few months of the THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT Spanish war, it has become under the stress of the great war with Germany stronger and more vivid than ever, and should be cultivated by all men and women and by all parties. "We are now confronted by the gravest problems, at home and abroad, which this country has ever faced except in days of war. For their successful solution we must have the keenest sense of national unity every where. We must all deal with these problems as Americans and without any sensational leanings or prejudices. The Republican Party should make its appeal, North and South, East and West, to all Americans who love their country, without regard to section or difference of long ago, now happily dispersed and gone, we be- lieve, forever." THE DEMOCRATS ARE NOW WITHOUT AN ISSUE If there is one thing certain, it is that Woodrow Wilson will cease to be President after March 4, 1921. It is not less certain that the Democratic platform was imposed upon the convention by Woodrow Wilson. The power to do this was derived not only from the President's control of office-holder delegates, but also from the impossibility in which all the delegates found themselves of endorsing The Republican Platform by repudiating the Democratic administration. It is quite certain, also, that as a matter of policy the convention was under the necessity of nominating as standard-bearer a statesman acceptable to the opponents of Wilson in the convention and among the voters. This need was so imperious that only conflicting counsels of policy prevented the Democratic delegates from responding to the true demand of the people by en- dorsing the nominee of The Republican Convention. The Democrats went as far in that direction as they could and tried to find a candidate as unlike Wilson and as like Harding as possible. What they did was to attempt to avoid the issue made by the nomination of Harding. Rut even if the Democratic candidate could carry out the pose, the attendant Democrats would soon betray the disguise and disclose the im- posture. And this they will not be slow to do. The pitcher of ice-water on the table for the audience to see while the backers on the stage view the protruding bottle on the hip, kissing the stars and stripes while pledging devotion to the un-American League of Nations Covenant, and blinking the red flag while quoting the Constitution of the United States, may be excellent political expedients, but even such a successful straddler as the Democratic candidate can find in them no issue against The Repub- lican Party. The Republicans, on the contrary, will find weighty arguments in their favor in every utterance of the Democratic candidates. Indeed, former Democratic voters may be relied upon by the Republicans to see the point without argument. The forgery in the Democratic platform of an article attributed to Senator Lodge with date and context changed and the denial to the late Senator Aldrich and The Republican Party of the authorship of the Federal Reserve Act, conceded even by the Democratic New York Times, as well as of the Aldrich-Vreeland Emergency Currency Act by which the exigencies of the outbreak of the World War were met, have already lost the Democratic campaign the respect of the voters, leaving Cox Pro-Germanism out. THE DEMOCRATIC PARAMOUNT ISSUE OF 1920 DEAD REFORE THE CONVENTION ADJOURNED Just as, in 1896, William Jennings Rryan commanded that agitation of the tariff issue be postponed until the Free Silver battle should be won, so Woodrow Wilson sup- pressed, in 1920, platform utterances upon former burning issues in order that the £493 REPUBLICANISM OF NINETEEN-TWENTY League of Nations issue might be made paramount. But the convention nominated as protagonist for this issue a man who had written down his doubt that the issue was worth fighting for. In an article in the New York Times of May 23, 1920, James M. Cox wrote the following paragraph : "The important thing now is to enable the world to go to work, but the beginning must not be on the soft sands of an unsound plan. If this question passes to the next Administration there should be no fetich developed over past differences. Yet at the same time there must be no surrender of vital principle. It may be necessary, if partition and reparation require changing, to assemble representatives of the people making up the nations of the League, in which event revision may not be so much an affair of diplomats. But, I repeat, the pressing task is getting started, being careful, however, that we are starting with an instrument worth while, and not a mere shadow." It is the straddler's hard luck that the strategy by which he seeks to hedge against the making of an issue against him, prevents him from ever making an issue for himself. Certain it is that the pious wishes of James M. Cox should seem as impious to Woodrow Wilson as the Americanism of Warren G. Harding and Henry Cabot Lodge. The only possible issue made by the candidacy of James M. Cox is the States' Bights issue in the precise form in which it was settled in the campaign of 1860 and again recently by the Supreme Court of the United States. And that issue is not avowed either by the platform or the candidate. And why turn for diplomacy to Cox! BEPUBLICAN SUCCESS WILL BBING BACK THE OLD PBOSPEBITY AND SECUBITY AND BETAIN THE NEW KIND OF WAGES Twenty years ago the Socialist Party proposed to go out of existence. It received a new lease of life from the course of agitation initiated by the Democrats. For the class struggle that is disturbing the world the Democrats are entirely responsible. They have fanned the flames of discontent by dishonest and destructive denunciation. The consistent course of The Bepublican Party, on the other hand, has given conclusive assurance that constructive social reforms may best be worked out and the conditions of society ameliorated by the orderly processes of representative government. There never was a more liberal government on earth than that of the United States nor greater progressive liberalism than that developed through the deliberate and con- tinuous policy of The Bepublican Party of sixty-four years. Two opposing theories now stand face to face the world over; the one that there is a class struggle between labor and capital, the other that the interests of labor and capital are common. The Bepublican Party was established on the platform of free labor. Alone it has main- tained that capital and labor must both work to create the product from which the reward of wages or profit which is the incentive to work is derived. Labor is not more sensitive than capital, but labor is at this disadvantage that while capital may find a sure reward in government bonds and other investments, labor must derive its sup- port from current work. The political groups which denounce capital for political advantage and thus drive capital to the sure reward of government bonds deceive labor and cause the shrinkage of the product out of which labor gets its reward. Chief among the groups pretending friendship to labor through hostility to capital is the so-called Democratic party. It is and has been for sixty years the source and fountain- head of all denunciation. Despite its attempts to conceal the fact in the paramount C50] THE REPUBLICAN PARTY IN AMERICAN GOVERNMENT issue of Wilson internationalism, it is more dangerous to-day than ever before. The Democratic candidate is either oblivious that powerful and purposeful elements are making a direct issue of Socialism against Civilization or is unconcerned. The fact is that in the Times article quoted above he promised them his kindly toleration. The avowed purpose of these elements is to set Labor against Capital and to destroy capital as an element of production. In this day labor no longer doubts its power to exact its fair share of the product or the interest of capital that labor shall be fairly com- pensated. The power of labor to bargain with capital depends upon the existence of a demand for labor. The influence that stimulates and assures American industry and commerce creates this demand and keeps it strong and constant. The Republican Party alone in American politics has represented the policy of fostering and develop- ing American industry and commerce and alone has cherished the true interests of American labor. The consistent policy of the Democrats, on the other hand, has been to make political capital for the so-called Democratic party at the expense of American labor by encouraging labor to consider its interests antagonistic to those of the community and attempting to enlist its support by one bait or another for policies threatening to American commerce and industry and destructive of the general prosperity upon which the welfare of labor depends. The Republican Party alone for more than sixty years has maintained that the policy of govern- ment should be to foster the common aims of American capital and American labor, — not, be it understood, that capital and labor, or either of them, should work for the government, or that the government should work for capital and labor or either of them, but that government should encourage capital and labor to work for themselves and together. Democratic agitation has consistently driven capital to cover, deprived labor of employment, and produced hard times. The Democratic candidate has already shown himself an enemy of industry by his proposal of a tax measured by the volume of business. Rryan never proposed anything worse or more stupid. Democratic policy has fed labor with a shadow and has aimed to prove to labor that it is friendly by showing its hostility to business. What appear large wages to-day shrink before the price level caused by Democratic inflation and by Democratic demoralization of the productive energies of labor and capital. As the economic effects of war conditions recede, wages and employment threaten to disappear for a time almost altogether. The course of industry, however, warrants the assurance that with conditions stabilized under Republican policies, the normal methods of co-operative production by capital and labor resumed, and the nor- mal price level thereby re-established, the typical Democratic disaster will be averted and the artificial prosperity attendant upon the war made permanent and real. It should be the prayer of every good citizen that this may be so. THIS ELECTION SHOULD RE-ESTARLISH REPUBLICAN GOVERNMENT REPRESENTATIVE OF THE WHOLE PEOPLE No issue of politics has been formulated which justifies any individual group or party in withholding support from the common cause. Political ambition, agitation, and strife have no place in the order of the day. As in every Republican convention, so in the Chicago Convention of 1920, no consideration but for the highest good of this great nation and all its people prevailed. The candidates nominated, United States Senator Warren G. Harding, of Ohio, and Governor Calvin Coolidge, of Massachusetts, nsin REPUBLICANISM OF NINETEEN-TWENTY were chosen not to satisfy any ambition but upon their merits as tried statesmen and public servants truly representative of The Republican Party in that they agitate little but never disappoint. Upon the record of The Republican Party and of its candidates, it is the duty of all American citizens to co-operate in the nomination of Republican candidates for Congress and to help elect them and thus to organize the government once more, not under an autocrat with legislative pawns, but under one Great National American Political Party, representative of and responsible to the people, virile, con- structive, and progressive in all its branches. The Republican Party is The Party of Co-operation and The Party Fit to Govern. It aims to co-operate with all the people in all parts of the country and to bring all the people and all their interests into co- operation. As such it is entitled to ask the support and the co-operation of every citizen. C523 Part II DOCUMENTS AND EXTRACTS ILLUSTRATIVE OF THE DEVELOPMENT OF REPRESENTATIVE NATIONAL POPULAR GOVERNMENT IN THE UNITED STATES o < a. O o o -J U- < 2 X O o z z e> 0) ILLUSTRATIVE DOCUMENTS AND EXTRACTS THE GROWTH OF PRINCIPLES FROM AN ADDRESS DELIVERED AT SARATOGA, AUGUST 1, 1875 HON. JOSEPH NEILSON Chief Justice of the City Court of Brooklyn; Presiding Justice of the Tilton-Beecher Trial A T the sea shore you pick up a pebble, fashioned after a law of nature, in the exact f\ form that best resists pressure, and worn as smooth as glass. It is so perfect J. JL that you take it as a keepsake. But could you know its history from the time when a rough fragment of rock fell from the overhanging cliff into the sea, to be taken possession of by the under currents, and dragged from one ocean to another, perhaps around the world, for a hundred years, until in reduced and perfect form it was cast upon the beach as you find it, you would have a fit illustration of what many principles, now in familiar use, have endured, thus tried, tortured and fashioned during the ages. We stand by the river and admire the great body of water flowing so sweetly on; could you trace it back to its source, you might find a mere rivulet, but meandering on, joined by other streams and by secret springs, and fed by the rains and dews of heaven, it gathers volume and force, makes its way through the gorges of the mountains, plows, widens and deepens its channel through the provinces, and attains its present majesty. Thus it is that our truest systems of science had small beginnings, gradual and count- less contributions, and finally took their place in use, as each of you, from helpless childhood and feeble boyhood, have grown to your present strength and maturity. No such system could be born in a day. It was not as when nature in fitful pulsations of her strength suddenly lifted the land into mountain ranges, but rather, as with small accretions, gathered in during countless years, she builds her islands in the seas. It took a long time to learn the true nature and office of governments; to discover and secure the principles commonly indicated by such terms as "Magna Charta," the "Bill of Rights," "Habeas Corpus," and the "Right of trial by jury"; to found the family home, with its laws of social order, regulating the rights and duties of each member of it, so that the music at the domestic hearth might flow on without discord; the household gods so securely planted that "Though the wind and the rain might enter, the king could not"; to educate noise into music, and music into melody; to infuse into the social code and into the law a spirit of Christian charity, something of the benign temper of the New Testament, so that no man could be persecuted for conscience sake, so that there should be an end of human sacrifice for mere faith or opinion; the smouldering fires at the foot of the stake put out, now, thank God, as effectually as if all the waters that this night flood the rivers had been poured in upon them. It took a long time to learn that war was a foolish and cruel method of settling international differences as compared with arbitration; to learn that piracy was less profitable than a liberal commerce; that unpaid labor was not as good as well-requited toil; that a splenetic old woman, falling into trances and shrieking prophecies, was a fit subject for the asylum rather than to be burned as a witch. It took a long, long time after the art of printing had been perfected before we learned the priceless value, the sovereign dignity and usefulness of a free press. But these lessons have been taught and learned; taught for the most part by the prophets of our race, men living in advance of their age, and understood only by the succeeding generations. But you have the inheritance. C55H REPUBLICANISM OF NINETEEN-TWENTY THE MAYFLOWER COMPACT from Bradford's history of Plymouth plantation THE 2. BOOKE. THE rest of this History (if God give me life, & opportunitie) I shall, for brevitis sake, handle by way of annalls, noteing only the heads of principall things, and passages as they fell in order of time, and may seeme to be profitable to know, or to make use of. And this may be as ye 2. Booke. The remainder of Ano: 1620. I shall a litle returne backe and begine with a combination made by them before they came ashore, being ye first foundation of their govermente in this place; oc- casioned partly by ye discontented & mutinous speeches that some of the strangers amongst them had let fall from them in ye ship — That when they came a shore they would use their owne libertie; for none had power to coniand them, the patente they had being for Virginia, and not for New-england, which belonged to an other Gover- ment, with which ye Virginia Company had nothing to doe. And partly that shuch an [54] acte by them done (this their condition considered) might be as firme as any patent, and in some respects more sure. The forme was as followeth : In ye name of God, Amen. We whose names ance of ye ends aforesaid; and by vertue hear- are underwriten, the loyall subjects of our dread of to enacte, constitute, and frame such just & soveraigne Lord, King James, by ye grace of equall lawes, ordinances, acts, constitutions, & God, of Great Britaine, Franc, & Ireland king, offices, from time to time, as shall be thought defender of ye faith, &c, haveing undertaken, most meete & convenient for ye generall good for ye glorie of God, and advancemente of ye of ye Colonie, unto which we promise all due Christian faith, and honour of our king submission and obedience. In witnes wherof countrie, a voyage to plant ye first colonie in ye we have hereunder subscribed our names at Northerne parts of Virginia, doe by these pres- Cap-Codd ye 11. of November, in ye year of ye ents solemnly & mutualy in ye presence of God, raigne of our soveraigne lord, King James, of and one of another, covenant & combine our England, France, & Ireland ye eighteenth, and selves togeather into a civill body politick, for of Scotland ye flftie fourth. Ano: Dom. 1620. our better ordering & preservation & further- After this they chose, or rather confirmed, Mr. John Carver (a man godly & well approved amongst them) their Governour for that year. And after they had provided a place for their goods, or comone store, (which were long in unlading for want of boats, foulnes of winter weather, and sicknes of diverce,) and begune some small cottages for their habitation, as time would admitte, they mette and consulted of lawes & orders, both for their civill & military Govermente, as ye necessitie of their condition did require, still adding therunto as urgent occasion in severall times, and as cases did require. £5611 ILLUSTRATIVE DOCUMENTS AND EXTRACTS THE DEPLORABLE EXPERIMENT IN SOCIALISM from Bradford's history of Plymouth plantation Anno Dom: 1623. It may be thought Strang that these people should fall to these extremities in so short a time, being left competently provided when ye ship left them, and had an addition by that moyetie of corn that was got by trade, besids much they gott of ye Indans wher they lived, by one means & other. It must needs be their great disorder, for they spent excesseivly whilst they had, or could get it; and, it may be, wasted parte away among ye Indeans (for he yt was their cheef was taxed by some amongst them for keeping Indean women, how truly I know not). And after they begane to come into wants, many sould away their cloathes and bed coverings; others (so base were they) became servants to ye Indeans, and would cutt them woode & fetch them water, for a cap full of corne; others fell to plaine stealing, both night & day, from ye Indeans, of which they greevosly complained. In ye end, they came to that misery, that some starved & dyed with could & hunger. One in geathering shell-fish was so weake as he stuck fast in ye mudd, and was found dead in ye place. At last most of them left their dwellings & scatered up & downe in ye [94] woods, & by ye water sids, wher they could find ground nuts & clames, hear 6. and ther ten. By which their cariages they became contemned & scorned of ye Indeans, and they begane greatly to insulte over them in a most insolente maner; insomuch, many times as they lay thus scatered abrod, and had set on a pot with ground nuts or shell-fish, when it was ready the Indeans would come and eate it up; and when night came, wheras some of them had a sorie blanket, or such like, to lappe them selves in, the Indeans would take it and let ye other lye all nighte in the could; so as their condition was very lamentable. Yea, in ye end they were faine to hange one of their men, whom they could not reclaime from stealing, to give ye Indeans contente. All this whille no supply was heard of, neither knew they when they might expecte any. So they begane to thinke how they might raise as much corne as they could, and obtaine a beter crope then they had done, that they might not still thus languish in miserie. At length, after much debate of things, the Govr (with ye advise of ye cheefest amongest them) gave way that they should set corne every man for his owne perticuler, and in that regard trust to them selves; in all other things to goe on in ye generall way as before. And so assigned to every family a parcell of land, according to the proportion of their number for that end, only for present use (but made no devission for inheritance), and ranged all boys & youth under some familie. This had very good success; for it made all hands very industrious, so as much more corne was planted then other waise would have bene by any means ye Govr or any other could use, and saved him a great deall of trouble, and gave farr better contente. The women now wente willingly into ye feild, and tooke their litle-ons with them to set corne, which before would aledg weaknes, and inabilitie; whom to have com- pelled would have bene thought great tiranie and oppression. The experience that was had in this comone course and condition, tried sundrie years, and that amongst godly and sober men, may well evince the vanitie of that C573 REPUBLICANISM OF NINETEEN-TWENTY THE MAYFLOWER COMPACT from Bradford's history of Plymouth plantation THE 2. BOOKE. THE rest of this History (if God give me life, & opportunitie) I shall, for brevitis sake, handle by way of annalls, noteing only the heads of principall things, and passages as they fell in order of time, and may seeme to be profitable to know, or to make use of. And this may be as ye 2. Booke. The remainder of Ano: 1620. I shall a litle returne backe and begine with a combination made by them before they came ashore, being ye first foundation of their govermente in this place; oc- casioned partly by ye discontented & mutinous speeches that some of the strangers amongst them had let fall from them in ye ship — That when they came a shore they would use their owne libertie; for none had power to comand them, the patente they had being for Virginia, and not for New-england, which belonged to an other Gover- ment, with which ye Virginia Company had nothing to doe. And partly that shuch an [54] acte by them done (this their condition considered) might be as firme as any patent, and in some respects more sure. The forme was as f olloweth : In ye name of God, Amen. We whose names ance of ye ends aforesaid; and by vertue hear- are underwriten, the loyall subjects of our dread of to enacte, constitute, and frame such just & soveraigne Lord, King James, by ye grace of equall lawes, ordinances, acts, constitutions, & God, of Great Britaine, Franc, & Ireland king, offices, from time to time, as shall be thought defender of ye faith, &c, haveing undertaken, most meete & convenient for ye generall good for ye glorie of God, and advancemente of ye of ye Colonie, unto which we promise all due Christian faith, and honour of our king submission and obedience. In witnes wherof countrie, a voyage to plant ye first colonie in ye we have hereunder subscribed our names at Northerne parts of Virginia, doe by these pres- Cap-Codd ye 11. of November, in ye year of ye ents solemnly & mutualy in ye presence of God, raigne of our soveraigne lord, King James, of and one of another, covenant & combine our England, France, & Ireland ye eighteenth, and selves togeather into a civill body politick, for of Scotland ye flftie fourth. Ano: Dom. 1620. our better ordering & preservation & further- After this they chose, or rather confirmed, Mr. John Carver (a man godly & well approved amongst them) their Governour for that year. And after they had provided a place for their goods, or comone store, (which were long in unlading for want of boats, foulnes of winter weather, and sicknes of diverce,) and begune some small cottages for their habitation, as time would admitte, they mette and consulted of lawes & orders, both for their civill & military Govermente, as ye necessitie of their condition did require, still adding therunto as urgent occasion in severall times, and as cases did require. IT 56 J ILLUSTRATIVE DOCUMENTS AND EXTRACTS THE DEPLORABLE EXPERIMENT IN SOCIALISM from Bradford's history of Plymouth plantation Anno Dom: 1623. It may be thought Strang that these people should fall to these extremities in so short a time, being left competently provided when ye ship left them, and had an addition by that moyetie of corn that was got by trade, besids much they gott of ye Indans wher they lived, by one means & other. It must needs be their great disorder, for they spent excesseivly whilst they had, or could get it; and, it may be, wasted parte away among ye Indeans (for he yt was their cheef was taxed by some amongst them for keeping Indean women, how truly I know not). And after they begane to come into wants, many sould away their cloathes and bed coverings; others (so base were they) became servants to ye Indeans, and would cutt them woode & fetch them water, for a cap full of corne; others fell to plaine stealing, both night & day, from ye Indeans, of which they greevosly complained. In ye end, they came to that misery, that some starved & dyed with could & hunger. One in geathering shell-fish was so weake as he stuck fast in ye mudd, and was found dead in ye place. At last most of them left their dwellings & scatered up & downe in ye [94] woods, & by ye water sids, wher they could find ground nuts & clames, hear 6. and ther ten. By which their cariages they became contemned & scorned of ye Indeans, and they begane greatly to insulte over them in a most insolente maner; insomuch, many times as they lay thus scatered abrod, and had set on a pot with ground nuts or shell-fish, when it was ready the Indeans would come and eate it up; and when night came, wheras some of them had a sorie blanket, or such like, to lappe them selves in, the Indeans would take it and let ye other lye all nighte in the could; so as their condition was very lamentable. Yea, in ye end they were faine to hange one of their men, whom they could not reclaime from stealing, to give ye Indeans contente. All this whille no supply was heard of, neither knew they when they might expecte any. So they begane to thinke how they might raise as much corne as they could, and obtaine a beter crope then they had done, that they might not still thus languish in miserie. At length, after much debate of things, the Govr (with ye advise of ye cheefest amongest them) gave way that they should set corne every man for his owne perticuler, and in that regard trust to them selves; in all other things to goe on in ye generall way as before. And so assigned to every family a parcell of land, according to the proportion of their number for that end, only for present use (but made no devission for inheritance), and ranged all boys & youth under some familie. This had very good success; for it made all hands very industrious, so as much more corne was planted then other waise would have bene by any means ye Govr or any other could use, and saved him a great deall of trouble, and gave farr better contente. The women now wente willingly into ye feild, and tooke their litle-ons with them to set corne, which before would aledg weaknes, and inabilitie; whom to have com- pelled would have bene thought great tiranie and oppression. The experience that was had in this comone course and condition, tried sundrie years, and that amongst godly and sober men, may well evince the vanitie of that 1571 REPUBLICANISM OF NINETEEN-TWENTY conceite of Platos & other ancients, applauded by some of later times; — that ye taking away of propertie, and bringing in comunitie into a comone wealth, would make them happy and florishing; as if they were wiser then God. For this comunitie (so farr as it was) was found to breed much confusion & discontent, and retard much imploymet that would have been to their benefite and comforte. For ye yong-men that were most able and fitte for labour & service did repine that they should spend their time & streingth to worke for other mens wives and children, with out any recompense. The strong, or man of parts, had no more in devission of victails & cloaths, then he that was weake and not able to doe a quarter ye other could; this was thought injuestice. The aged and graver men to be ranked and [97] equalised in labours, and victails, cloaths, &c, with ye meaner & yonger sorte, thought it some indignite & disrespect unto them. And for mens wives to be commanded to doe servise for other men, as dresing their meate, washing their cloaths, &c, they deemd it a kind of slaverie, neither could many husbands well brooke it. Upon ye poynte all being to have alike, and all to doe alike, they thought them selves in ye like condition, and one as good as another; and so, if it did not cut of those relations that God hath set amongest men, yet it did at least much diminish and take of ye mutuall respects that should be preserved amongst them. And would have bene worse if they had been men of another condition. Let none objecte this is men's corruption, and nothing to ye course it selfe. I answer, seeing all men have this corruption in them, God in his wis- dome saw another course titer for them. [See citation below.] By reason of ye plottings of the Narigansets, (ever since ye Pequents warr,) the Indeans were drawne into a generall conspiracie against ye English in all parts, as was in part discovered ye yeare before; and now made more plaine and evidente by many discoveries and free-conffessions of sundrie Indeans (upon severall occasions) from diverse places, concuring in one; with such other concuring circomstances as gave them suffissently to understand the trueth therof, and to thinke of means how to pre- vente ye same, and secure them selves. Which made them enter into this more nere union & confederation following. SOCIALISM AS A NATIONAL MENACE TODAY "Broadly speaking, the two fundamental aims of modern Socialists are the violent overthrow of the existing order throughout the world and the appropriation by the proletarians of all the means of production and distribution. It is, indeed, a daring enterprise. They openly advocate a 'Soviet regime' which would do away with Magna Charta in Great Britain and the Constitution in the United States." — Socialism vs. Civilization, by Boris Brasol, published February, 1920. C583 ILLUSTRATIVE DOCUMENTS AND EXTRACTS THE NEW ENGLAND CONFEDERATION [257] Articles of Confederation betweene ye Plantations under ye Govermente of Mas- sachusetss, ye plantations under ye govermente of new-plimoth, ye plantations under ye Govermente of Conightecute, and ye Govermente of New-Haven, with ye Plantations in combination therwith. Wheras we all came into these parts of America with one and ye same end and aime, namly, to advance the kingdome of our Lord Jesus Christ, & to injoye ye liberties of ye Gospell in puritie with peace; and wheras in our setling (by a wise providence of God) we are further disperced upon ye sea coasts and rivers then was at first intended, so yt we can- not, according to our desires, with conveniencie comunicate in one govermente & jurisdiction; and wheras we live encompassed with people of severall nations and Strang languages, which hereafter may prove injurious to us and our posteritie; and for as much as ye natives have formerly comitted sundrie insolencies and out- rages upon severall plantations of ye English, and have of late combined them selves against us; and seeing, by reason of those distractions in England (which they have heard of) and by which they know we are hindered from yt humble way of seeking advice or reaping those comfurtable fruits of protection which at other times we might well expecte; we therfore doe conceive it our bounden duty, without delay, to enter into a presente consociation amongst our selves, for mutuall help & strength in all our future concernments. That as in nation and religion, so in other respects, we be & continue one, according to ye tenor and true meaning of the insuing articles. (1) Wherfore it is fully agreed and concluded by & betweene ye parties or jurisdictions above named, and they joyntly & severally doe by these presents agree & con- clude, that they all be and henceforth be called by ye name of The United Colonies of New- England. 2. The said United Collonies, for them selves & their posterities, doe joyntly & severally here- by enter into a flrme & perpetuall league of frendship & amitie, for offence and defence, mutuall advice and succore upon all just occa- sions, both for preserving & propagating ye truth of ye Gospell, and for their owne mutuall saftie and wellfare. 3. It is further agreed that the plantations which at presente are or hereafter shall be setled with [in] ye limites of ye Massachusets shall be for ever under ye Massachusets, and shall have peculier jurisdiction amonge them selves in all cases, as an intire body. And yt Plimoth, Conightecutt, and New-Haven shall each of them have like peculier jurisdition and govermente within their limites and in refference to ye plantations which allready are setled, or shall hereafter be erected, or shall setle within their limites, respectively; provided yt no other juris- dition shall hereafter be taken in, as a distincte head or member of this confederation, nor shall any other plantation or jurisdiction in presente being, and not allready in combination or under ye jurisdiction of any of these confederals, be received by any of them; nor shall any tow of ye confederats joyne in one jurisdiction, with- out consente of ye rest, which consete to be interpreted as is expresed in ye sixte article ensewing. 4. It is by these conffederats agreed, yt the charge of all just warrs, whether offencive or defencive, upon what parte or member of this confederation soever they fall, shall, both in men, provissions, and all other disbursments, be borne by all ye parts of this confederation, in differente proportions, according to their differente abillities, in maner following: name- ly, yt the comissioners for each jurisdiction, from time to time, as ther shall be occasion, bring a true accounte and number of all their males in every plantation, or any way belonging too or under their severall jurisdictions, of what qualitie or condition soever they be, from 16. years old to 60. being inhabitants ther; and yt according to ye differente numbers which from time to time shall be found in each jurisdiction upon a true & just accounte, the service of men and all charges of ye warr be borne by ye pole; each jurisdiction or plantation being left to their owne just course & custome of rating them selves and people according to their dif- ferente estates, with due respects to their quali- ties and exemptions amongst them selves, though the confederats take no notice of any such priviledg. And yt according to their differente C59] REPUBLICANISM OF NINETEEN-TWENTY charge of each jurisdiction & plantation, the whole advantage of ye warr, (if it please God to blesse their indeaours,) whether it be in lands, goods, or persons, shall be proportion- ably devided amonge ye said confederats. 5. It is further agreed, that if these juris- dictions, or any plantation under or in comby- nacion with them, be invaded by any enemie whomsoever, upon notice & requeste of any 3. [258] magistrats of yt jurisdiction so invaded, ye rest of ye confederats, without any further meeting or expostulation, shall forthwith send ayde to ye confederate in danger, but in dif- ferente proportion; namely, ye Massachusets an hundred men sufficently armed & provided for such a service and journey, and each of ye rest forty five so armed & provided, or any lesser number, if less be required according to this proportion. But if such confederate in danger may be supplyed by their nexte con- federates, not exeeding ye number hereby agreed, they may crave help ther, and seeke no further for ye presente; ye charge to be borne as in this article is exprest, and at ye re- turne to be victuled & suplyed with powder & shote for their jurney (if ther be need) by yt jurisdiction which imployed or sent for them. But none of ye jurisdictions to exceede these numbers till, by a meeting of ye comissioners for this confederation, a greater aide appear nessessarie. And this proportion to continue till upon knowlege of greater numbers in each jurisdiction, which shall be brought to ye nexte meeting, some other proportion be ordered. But in such case of sending men for presente aide, whether before or after such order or alteration, it is agreed yt at ye meeting of ye comissioners for this confederation, the cause of such warr or invasion be duly considered; and if it appeare yt the falte lay in ye parties so invaded, yt then that jurisdiction or planta- tion make just satisfaction both to ye invaders whom they have injured, and beare all ye charges of ye warr them selves, without requir- ing any allowance from ye rest of ye con- federats towards ye same. And further, yt if any jurisdiction see any danger of any invasion approaching, and ther be time for a meeting, that in such a case 3. magistrats of yt jurisdic- tion may sumone a meeting, at such conve- niente place as them selves shall thinke meete, to consider & provid against ye threatened dan- ger, provided when they are mett, they may remove to what place they please; only, whilst any of these foure confederats have but 3 magis- trats in their jurisdiction, their requeste, or summons, from any 2. of them shall be ac- counted of equall force with ye 3. mentioned in both the clauses of this article, till ther be an increase of majestrats ther. 6. It is also agreed yt, for ye managing & concluding of all affairs propper, & concerning the whole confederation, tow comissioners shall be chosen by & out of each of these 4. jurisdic- tions; namly, 2. for ye Massachusets, 2. for Plimoth, 2. for Gonightecutt, and 2. for New- Haven, being all in church fellowship with us, which shall bring full power from their severall Generall Courts respectively to hear, examene, waigh, and detirmine all affairs of warr, or peace, leagues, aids, charges, and numbers of men for warr, divissions of spoyles, & whatso- ever is gotten by conquest; receiving of more confederats, or plantations into combination with any of ye confederates, and all things of like nature, which are ye proper concomitants or consequences of such a confederation, for amitie, offence, & defence; not intermedling with ye govermente of any of ye jurisdictions, which by ye 3. article is preserved entirely to them selves. But if these 8. comissioners when they meete shall not all agree, yet it concluded that any 6. of the 8. agreeing shall have power to setle & determine ye bussines in question. But if 6. doe not agree, that then such proposi- tions, with their reasons, so farr as they have been debated, be sente, and referred to ye 4. Generall Courts, viz. ye Massachusets, Plimoth, Conightecutt, and New-haven; and if at all ye said Generall Courts ye bussines so referred be concluded, then to be prosecuted by ye con- federats, and all their members. It was further agreed that these 8. comissioners shall meete once every year, besids extraordinarie meetings, (according to the flfte article,) to consider, treate, & conclude of all affaires belonging to this confederation, which meeting shall ever be ye first Thursday in September. And yt the next meeting after the date of these presents, which shall be accounted ye second meeting, shall be at Boston in ye Massachusets, the 3. at Hartford, the 4. at New-Haven, the 5. at Plimoth, and so in course successively, if in ye meane time some midle place be not found out and agreed on, which may be comodious for all ye jurisdictions. 7. It is further agreed, yt at each meeting of these 8. comissioners, whether ordinarie, or extraordinary, they all 6. of them agreeing as before, may chuse a presidente out of them selves, whose office & work shall be to take care and directe for order, and a comly carrying on of all proceedings in ye present meeting; but he shall be invested with no such power or re- 1601 ILLUSTRATIVE DOCUMENTS AND EXTRACTS specte, as by which he shall hinder ye pro- pounding or progrese of any bussines, or any way cast ye scailes otherwise then in ye pre- cedente article is agreed. [259] 8. It is also agreed, yt the comis- sioners for this confederation hereafter at their meetings, whether ordinary or extraordinarie, as they may have comission or opportunitie, doe indeaover to frame and establish agreements & orders in generall cases of a civill nature, wher- in all ye plantations are interessed, for ye pre- serving of peace amongst them selves, and pre- venting as much as may be all occasions of warr or difference with others; as aboute ye free & speedy passage of justice, in every jurisdic- tion, to all ye confederals equally as to their owne; not receiving those yt remove from one plantation to another without due certificate; how all ye jurisdictions may carry towards ye Indeans, that they neither growe insolente, nor be injured without due satisfaction, least warr breake in upon the confederals through such miscarriages. It is also agreed, yt if any ser- vante rune away from his maister into another of the confederated jurisdictions, that in such case, upon ye certificate of one magistrate in ye jurisdiction out of which ye said servante fledd, or upon other due proofe, the said servante shall be delivered, either to his maister, or any other yt pursues & brings such certificate or proofe. And yt upon ye escape of any prisoner whatso- ever, or fugitive for any criminall cause, whether breaking prison, or getting from ye officer, or otherwise escaping, upon ye certifi- cate of 2. magistrats of ye jurisdiction out of which ye escape is made, that he was a prisoner, or such an offender at ye time of ye escape, they magistrats, or sume of them of yt jurisdiction wher for ye presente the said prisoner or fugi- tive abideth, shall forthwith grante such a war- rante as ye case will beare, for ye apprehend- ing of any such person, & ye delivering of him into ye hands of ye officer, or other person who pursues him. And if ther be help required, for ye safe returning of any such offender, then it shall be granted to him yt craves ye same, he paying the charges therof. 9. And for yt the justest warrs may be of dangerous consequence, espetially to ye smaler plantations in these United Collonies, it is agreed yt neither ye Massachusets, Plimoth, Co- nightecutt, nor New-Haven, nor any member of any of them, shall at any time hear after begine, undertake, or ingage them selves, or this con- federation, or any parte therof, in any warr whatsoever, (sudden* exegents, with ye neces- •Substituted for sundry on the authority of the original MS. Records. r __ Lol sary consequents therof excepted, which are also to be moderated as much as ye case will permitte,) without ye consente and agreemente of ye forementioned 8. comissioners, or at ye least 6. of them, as in ye sixt article is provided. And yt no charge be required of any of they confederals, in case of a defensive warr, till ye said comissioners have mett, and approved ye justice of ye warr, and have agreed upon ye sume of money to be levied, which sume is then to be paid by the severall confederals in pro- portion according to ye fourth article. 10. That in extraordinary occasions, when meetings are summoned by three magistrates of any jurisdiction, or 2. as in ye 5. article, if any of ye comissioners come not, due warning being given or sente, it is agreed yt 4. of the comis- sioners shall have power to directe a warr which cannot be delayed, and to send for due proportions of men out of each jurisdiction, as well as 6. might doe if all mett; but not less then 6. shall determine the justice of ye warr, or alow ye demands or bills of charges, or cause any levies to be made for ye same. 11. It is further agreed, yt if any of ye con- federals shall hereafter breake any of these presente articles, or be any other ways injuri- ous to any one of ye other jurisdictions, such breach of agreemente or injurie shall be duly considered and ordered by ye comissioners for ye other jurisdiction; that both peace and this presente confederation may be intirly preserved without violation. 12. Lastly, this perpetuall confederation, and ye severall articles therof being read, and seri- ously considered, both by ye Generall Courte for ye Massachusets, and by ye comissioners for Plimoth, Conigtecute, & New-Haven, were fully alowed & confirmed by 3. of ye forenamed con- federals, namly, ye Massachusets, Conighte- cutt, and New-Haven; only ye comissioners for Plimoth haveing no comission to conclude, de- sired respite till they might advise with their Generall Courte; wher upon it was agreed and concluded by ye said Courte of ye Massachusets, and the comissioners for ye other tow con- federals, that, if Plimoth consente, then the whole treaty as it stands in these present articls is, and shall continue, flrme & stable without alteration. But if Plimoth come not in, yet ye other three confederals doe by these presents [260] confeirme ye whole confederation, and ye articles therof; only in September nexte, when ye second meeting of ye comissioners is to be at Boston, new consideration may be taken of ye 6. article, which concerns number of comissioners for meeting & concluding the af- n DRAFTING THE DECLARATION OF INDEPENDENCE ILLUSTRATIVE DOCUMENTS AND EXTRACTS DECLARATION OF INDEPENDENCE (Unanimously Adopted in Congress, July 4, 1776, at Philadelphia) WHEN, in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitles them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursu- ing invariably the same Object evinces a design to reduce them under absolute Despo- tism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colo- nies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of re- peated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and dis- tant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved Representative Houses repeatedly, for opposing with manly firm- ness his invasions on the rights of the people. He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People 1631 REPUBLICANISM OF NINETEEN-TWENTY at large for their exercise; the State remaining in the meantime exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands. He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers. He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people, and eat out their substance. He has kept among us, in times of peace, Standing Armies without the Consent of our Legislature. He has affected to render the Military independent of and superior to the Civil power. He has combined with others to subject us to a jurisdiction foreign to our constitu- tion, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation : For quartering large bodies of armed troops among us. For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States: For cutting off our Trade with all parts of the world : For imposing Taxes on us without our Consent : For depriving us in many cases, of the benefits of Trial by jury: For transporting us beyond Seas to be tried for pretended offences : For abolishing the free System of English Laws in a neighboring Province, establish- ing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies : For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments : For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated Government here, by declaring us out of his Protection and waging War against us. He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. He has constrained our fellow-Citizens taken captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. C643 UJ o z Ld Q z Ld a Id Q z o z o h < < _l O td Q Id I o z z a en ILLUSTRATIVE DOCUMENTS AND EXTRACTS In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unlit to be the ruler of a free people. Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpa- tions, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. WE THEREFORE, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be free and independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain is and ought to be totally dissolved; and that as free and independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor. Adams, John Adams, Samuel Bartlett, Josiah Braxton, Carter Carroll, Charles Chase, Samuel Clark, Abraham Clymer, George Ellery, William Floyd, William Franklin, Benjamin Gerry, Elbridge Gwinnett, Button Hall, Lyman Hancock, John Harrison, Benjamin Hart, John Hewes, Joseph Heyward, Jr., Thomas Hooper, William Hopkins, Stephen Hopkinson, Francis Huntington, Samuel Jefferson, Thomas Lee, Richard Henry Lee, Francis Lightfoot Lewis, Francis Livingston, Philip Lynch, Jr., Thomas McKean, Thomas Middleton, Arthur Morris, Lewis Morris, Robert Morton, John Nelson, Jr., Thomas Paca, William Paine, Robert Treat Penn, John Read, George Rodney, Caesar Ross, George Rush, Benjamin Rutledge, Edward Sherman, Roger Smith, James Stockton, Richard Stone, Thomas Taylor, George Thornton, Matthew Walton, George Whipple, William Williams, William Wilson, James Witherspoon, John Wolcott, Oliver Wythe, George C65H REPUBLICANISM OF NINETEEN-TWENTY ARTICLES OF CONFEDERATION Ratified by the last of the States, March 1st, 1781 k RTICLES of Confederation and Perpetual Union between the States of New l\ Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, JTjL Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Article I. The style of this Confederacy shall be, "The United States of America." Article II. Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled. Article III. The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sov- ereignty, trade, or any other pretence whatever. Article IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively; provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State to any other State of which the owner is an inhabitant; provided also, that no imposition, duties, or restriction shall be laid by any State on the property of the United States or either of them. If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State shall flee from justice and be found in any of the United States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdic- tion of his offence. Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State. Article V. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year. No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each State shall maintain its own delegates in any meeting of the States and while they act as members of the C663 ILLUSTRATIVE DOCUMENTS AND EXTRACTS committee of the States. In determining questions in the United States in Congress assembled, each State shall have one vote. Freedom of speech and debate in Con- gress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their persons from arrests and imprison- ment during the time of their going to and from, and attendance on, Congress, except for treason, felony, or breach of the peace. Article VI. No State, without the consent of the United States, in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty with any king, prince, or State; nor shall any person holding any ollice of profit or trust under the United States, or any of them, accept of any present, emolument, ollice, or title of any kind whatever from any king, prince, or foreign State; nor shall the United States, in Congress assembled, or any of them, grant any title of nobility. No two or more States shall enter into any treaty, confederation, or alliance what- ever between them, without the consent of the United States, in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the United States, in Congress assembled, with any king, prince, or State, in pursuance of any treaties already proposed by Congress to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any State, except such num- ber only as shall be deemed necessary by the United States, in Congress assembled, for the defence of such State or its trade, nor shall any body of forces be kept up by any State in time of peace, except such number only as, in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State; but every State shall always keep up a well- regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use in public stores a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. No State shall engage in any war without the consent of the United States, in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States, in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States, in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in Congress assembled, shall determine otherwise. Article VII. When land forces are raised by any State for the common defence, all officers of or under the rank of colonel shall be appointed by the legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. C673 REPUBLICANISM OF NINETEEN-TWENTY Article VIII. All charges of war, and all other expenses that shall be incurred for the common defence, or general welfare, and allowed by the United States, in Congress assembled, shall be defrayed out of a common treasury, which shall be sup- plied by the several States in proportion to the value of all land within each State, granted to, or surveyed for, any person, as such land and the buildings and improve- ments thereon shall be estimated, according to such mode as the United States, in Congress assembled, shall, from time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States, within the time agreed upon by the United States, in Congress assembled. Article IX. The United States, in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases men- tioned in the sixth Article; of sending and receiving ambassadors; entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from pro- hibiting the exportation or importation of any species of goods or commodities what- ever; of establishing rules for deciding, in all cases, What captures on land and water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated; of granting letters of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas; and establishing courts for receiving and determining finally appeals in all cases of captures; provided that no member of Congress shall be appointed a judge of any of the said courts. The United States, in Congress assembled, shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise between two or more States concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority, or lawful agent of any State in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hear- ing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint con- sent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alter- nately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall in the presence of Congress be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commis- sioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination; and if either party shall neglect to attend at the day appointed, without showing reasons which Congress shall judge sufficient, or being present, shall refuse to strike, the Con- gress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of C683 ILLUSTRATIVE DOCUMENTS AND EXTRACTS such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive; the judgment or sentence and other proceedings being in either case trans- mitted to Congress, and lodged among the Acts of Congress for the security of the parties concerned; provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the Supreme or Supe- rior Court of the State where the cause shall be tried, "well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward." Provided, also, that no State shall be prived of terri- tory for the benefit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdictions, as they may respect such lands and the States which passed such grants, are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different States. The United States, in Congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own author- ity, or by that of the respective States; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the States; provided that the legislative right of any State, within its own limits, be not infringed or violated; establishing and regulating post-offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States, in Congress assembled, shall have authority to appoint a com- mittee, to sit in the recess of Congress, to be denominated, "A Committee of the States," and to consist of one delegate from each State, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction; to appoint one of their number to preside; provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defray- ing the public expenses; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State, which requisition shall be binding; and thereupon the legislature of each State shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States, in Con- gress assembled; but if the United States, in Congress assembled, shall, on considera- te 3 REPUBLICANISM OF NINETEEN-TWENTY tion of circumstances, judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such State, unless the legislature of such State shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge can be safely spared, and the officers and men so clothed, armed, and equipped shall march to the place appointed, and within the time agreed on by the United States, in Congress assembled. The United States, in Congress assembled, shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine States assent to the same, nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States, in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations as in their judgment require secrecy; and the yeas and nays of the delegates of each State, on any question, shall be entered on the journal when it is desired by any delegate; and the delegates of a State, or any of them, at his or their request, shall be furnished with a transcript of the said journal except such parts as are above excepted, to lay before the legislatures of the several States. Article X. The committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States, in Congress assembled, by the consent of nine States, shall, from time to time, think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled is requisite. Article XL Canada, acceding to this Confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine States. Article XII. All bills of credit emitted, moneys borrowed, and debts contracted by or under the authority of Congress, before the assembling of the United States, in pursuance of the present Confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. Article XIII. Every State shall abide by the determinations of the United States, in Congress assembled, on all questions which by this Confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time here- to:] ILLUSTRATIVE DOCUMENTS AND EXTRACTS alter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State. And whereas it hath pleased the great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress to approve of, and to author- ize us to ratify, the said Articles of Confederation and perpetual Union, know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective con- stituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States, in Congress assembled,* on all questions which by the said Confederation are submitted to them; and that the articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. In witness whereof, we have hereunto set our hands in Congress. Done at Philadelphia, in the State of Pennsylvania, the ninth day of July, in the year of our Lord 1778, and in the third year of the Independence of America. *THE IMPORTANT ENACTMENT OF THE CONGRESS OF THE CONFEDERATION The Congress of the Confederation laid the ground, by enacting the Ordinance of 1787, both for the Constitution and the logic of the struggle for a free and united nation by The Republican Party. "The Treaty of Paris was promptly ratified by the Congress whose orders had been so flagrantly violated In the negotiation of it, and the Confederation of states entered upon the possession of the western domain. Perhaps, we should say that the states, rather than the Confederation, did so. For there was as yet no nation, and there was no national domain. The region west of the mountains was largely claimed by individual states. At the time of the Treaty of Paris the division of territory was substantially as follows: New Hampshire, Rhode Island, New Jersey, Delaware, Pennsylvania, and Maryland had their present boundaries. Massachusetts had her present area, and in addition what is now the state of Maine, all of what is now New York west of Utlca and south of Cape Vincent, the southern parts of Michigan and Wisconsin, and the northern part of Illinois. Connecticut In addition to her present area had a broad strip extending from Pennsylvania to the Mississippi River across the northern parts of Ohio, In- diana, and Illinois. New York had claimed, in addition to the eastern part of her present state, all of Vermont, the northern parts of Michigan and Wisconsin, and the eastern third of Minnesota, but in 1781, anticipating subsequent events, had ceded those western regions to the Confederation, thus laying the foundation of a federal domain and set- ting an example of incalculable importance. Virginia had her present area, and also West Virginia, Kentucky, and the southern parts of Ohio, Indiana, and Illinois. She had, by the way, offered, in January, 1781, to give all her lands north of the Ohio River to the Confederacy, thus anticipating New York's cession, but the actual transfer was not made until 1784. North Carolina had her present area and Tennessee. South Carolina, in addition to her present stale, had a narrow strip just south of Tennessee, running across the northern ends of Georgia, Alabama, and Missis- sippi to the Mississippi River. Georgia had her present area, excepting the South Carolina strip, and also Alabama and Mississippi north of the Florida line. "lleginning with New York on March 1, 1781, and followed by Virginia on March 1, 1781, state after state relin- l|atshfl<] the western lands to the Confederation, and thus established a national domain, owned and administered by all the slates in common. The importance of this action upon the development of a national spirit, national institu- tions, and the nation itself, is not easily to be overestimated. The common ownership of enormous properties was a strong bond of union, and a potent force, making for still more complete unification. The result of Clark's adven- tures and of Jay's strenuous diplomacy was, therefore, not only the acquisition of territory but the development of nnlionnlity. "It was even more than that. It in a measure shaped the fundamental policy of the nation that was to be. It was Virginia, under the lead of Jefferson, then her governor, that first offered to the Confederation the lands north of the Ohio. Later, when the cession to the general government had actually been effected, it was Virginia, also under Jeffer- son's lead, that moved for the establishment of an organised government over those lands. The Ordinance of 1787, for the government of the Northwest Territory, was one of the most important pieces of legislation made by the Con- gress of the Confederation. Daniel Webster doubted 'whether one single law of any lawgiver, ancient or modern, has produced effects of more distinct, marked, and lasting character.' George F. Hoar has declared that It 'belongs with the Declaration of Independence and the Constitution* as 'one of the three title deeds of American constitutional liberty.' "These lofty estimates are not overdrawn. It was that ordinance that established the principle of congressional government of territories belonging to the United States but not yet incorporated into the Union, and that provided for the creation of states out of territories, and for their admission Into the Union. The ordinance also provided that after the year 1800 human slavery should not exist north of the Ohio River, a provision which formed the corner- C713 REPUBLICANISM OF NINETEEN-TWENTY stone of the free state power of the North, and which half a century later led to results of vast Importance. We have said that Jefferson was the author of the Ordinance of 1787. It was not adopted just as he would have had it. He ear- nestly urged the application of the anti-slavery clause to the territory south of the Ohio, too. Had his counsel pre- vailed, the slavery question would have been settled and disposed of at the very beginning of our national life. We may smile at Jefferson's fantastic proposals to call the new transmontane states by such names as Assenisipia, Met- ropotamia, Polypotamia, Pelisipia, and Illinoia. They were survivals of his green and salad days when he habitu- ally referred to his adored Belinda as 'Campana in Die* — a polyglot pun almost deserving of capital punishment. But .we must rank among the great glories of his career his strenuous support of Clark's conquest of the northwest, and his statesmanlike leadership in giving to that region a free republican constitution and in opening to it the doors of the Federal Union. Of a truth, expansion was well provided for, even before we became a nation. The possibility of ten new states was secured to us, and the transformation of the Confederation into a Federal Union, and of the colonies into a nation, was irrevocably assured." From "A Century of Expansion," by Willis Fletcher Johnson. "Concerning the authorship of this important document there has been much discussion. On this interesting ques- tion there seems to have been little comment at the time, for the Ordinance was passed by a moribund Congress, from which most of the talent was already withdrawn. Credit has at times been ascribed to Cutler, and one might expect to And in his detailed journal full information on the whole subject. He took a lively interest in his journey to New York, but he describes in his diary everything but the one thing which we should like to know; he tells of wine din- ners, of pleasant companions, of entertaining and well-dressed young women, but of the excellences of this fundamen- tal Ordinance he says nothing at all. He did propose some amendments to the report pending in Congress; he did meet the committee in charge; and he may well have advocated the insertion of the fundamental maxims of liberty, for he well knew the monetary value of having it well understood that certain principles of freedom were to obtain in the western country; but his diary would lead one to think that it was the shrewd bargain for the purchase of land that filled his mind and thoughts. "Nathan Dane, a member of Congress and of the committee, claimed in his later years the credit of the authorship, and his case is fairly clear. He may have been influenced by Cutler; he was surely influenced by other men, for a large part of the Ordinance was a condensation of portions of the Massachusetts constitution of 1780; but he, more than any other man, draughted the Ordinance of 1787, and his name should not be forgotten in the list of makers of the American nation. Credit should also be given to Rufus King, who, though not in Congress when the Ordinance was passed, was at least responsible in part for the most famous clause in it, the clause prohibiting slavery. But of course, when all is said, the credit of authorship cannot be given to two or three men; the significance of the Ordi- nance lies in the fact that it was the result of a long effort to settle the western question. In many of its essentials it was — like other great historical documents momentous in human annals — the product of years. It crystallized the principles of colonial organization about which men had been disputing for a generation." From "The American Nation: A History," edited by Albert Bushnell Hart, Vol. 10, "The Confederation and the Constitution," by Andrew C. McLaughlin, page 12k. "The judgment of the Court was that Dred Scott was not a citizen of Missouri in the sense in which 'citizen* is used in the Constitution; that the Circuit Court of the United States for that reason had no Jurisdiction in the case and could give no judgment, and that its Judgment therefore must be reversed and a mandate issued directing the suit to be dismissed for want of jurisdiction. With this, in the opinion of the Republicans, the court should have stopped. The only question before it was, Is Dred Scott a citizen of the United States? No justice of the court had a right to discuss, decide, or even express an opinion on any other question. Yet the five pro-slavery justices, laying aside de- corum and usage, had given opinions on Ave constitutional questions of vital importance to the free States of the Union. Three held that the ordinance of 1787 was valid under the articles of confederation, but expired with them, and the act of Congress confirming it was void because Congress had no authority under the Constitution to legislate for the Territories." From "History of the People of the United States," by John Bach McMaster, Vol. S, page 2S0. £723 ILLUSTRATIVE DOCUMENTS AND EXTRACTS THE NORTHWEST ORDINANCE OF 1787 AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE RIVER OHIO Section 1. — Be it ordained by the United States in Congress assembled, That the said Territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Section 2 — Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among their children and the descendants of a deceased child in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and regis- ters, shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have here- tofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Section 3 — Be it ordained by the authority aforesaid, That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office. Section 4 — There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies C73H REPUBLICANISM OF NINETEEN-TWENTY of such acts and proceedings every six months to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction and reside in the district, and have each therein a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commission shall continue in force during good behavior. Section 5 — The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legis- lature shall have authority to alter them as they shall think iit. Section 6 — The governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress. Section 7 — Previous to the organization of the general assembly the governor shall appoint such magistrates, and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the general assembly shall be organized the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the con- tinuance of this temporary government, be appointed by the governor. Section 8 — For the prevention of crimes, and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed, from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. Section 9— So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or town- ships, to represent them in the general assembly : Provided, That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five; after which the number and proportion of representatives shall be regulated by the legislature; Provided, That no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall like- wise hold in his own right, in fee-simple, two hundred acres of land within the same; Provided also, That a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative. Section 10 — The representatives thus elected shall serve for the term of two years; and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term. C743 I/) if) kJ K z o o K < H (- in or r ILLUSTRATIVE DOCUMENTS AND EXTRACTS Section 11 — The general assembly, or legislature, shall consist of the governor, legis- lative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum; and the members of the council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected the governor shall appoint a time and place for them to meet together, and when met they shall nominate ten persons, resident in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and com- mission for the residue of the term; and every five years, four months at least before the expiration of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the coun- cil five years, unless sooner removed. And the governor, legislative council, and house of representatives shall have authority to make laws in all cases for the good govern- ment of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent, but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the general assembly when, in his opinion, it shall be expedient. Seciion 12 — The governor, judges, legislative council, secretary and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the governor before the President of Congress, and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house assembled, in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government. Section 13 — And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide, also, for the establishment of States, and permanent government therein, and for their admission to a share in the Federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest: Section Ik — It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit: Article 1 No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship, or religious sentiments, in the said territory. C75] REPUBLICANISM OF NINETEEN-TWENTY Article 2 The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas corpus, and of the trial of the jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land, and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is under- stood and declared, that no law ought ever to be made or have force in the said terri- tory, that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed. Article 3 Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall be forever encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights, and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time, be made, for preventing wrongs being done to them, and for preserving peace and friendship with them. Article 4 The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the Federal debts, contracted, or to be contracted, and a proportional part of the expenses of government to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be laid and levied by the authority and direction of the legislatures of the district, or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress as- sembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona-fide purchasers. No tax shall be imposed on lands the prop- erty of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and Saint Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, with- out any tax, impost, or duty therefor. Article 5 There shall be formed in the said territory not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of ILLUSTRATIVE DOCUMENTS AND EXTRACTS cession and consent to the same, shall become fixed and established as follows; to wit: The western State, in the said territory, shall be bounded by the Mississippi, the Ohio, and the Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line : Provided, however, And it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that if Congress shall hereafter find it expedient, they shall have authority to form one or two States in the part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatever; and shall be at liberty to form a permanent constitution and State government: Provided, the constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these articles, and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. Article 6 There shall be neither slavery nor involuntary servitude in the said territory, other- wise than in the punishment of crimes, whereof the party shall have been duly con- victed : Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be law- fully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed, and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth. C773 REPUBLICANISM OF NINETEEN-TWENTY THE CHANGE FROM LEAGUE OF STATES TO NATION THE ANNAPOLIS CONVENTION THE history of the formation of the government is that of, first, a statement of the necessity of national commerce, and then, an admission that perfect con- solidation was necessary to give the statement any force. This concession was perfectly expressed in the two propositions that the regulation of commerce is a national function, and that commerce is intercourse. An examination of the causes which resulted in the formation of a nation, instead of a league, will reveal how im- portant a part the subject of commerce played in the purposes of the framers of the Constitution. On the 21st of January, 1786, the Legislature of Virginia passed the following resolution : "Resolved, that Edmund Randolph, James sider how far a uniform system in their coin- Madison, Jr., Walter Jones, St. George Tucker, mercial regulations may be necessary to their and Meriwether Smith, Esquires, be appointed common interest and their perfect harmony; Commissioners, who, or any three of them, shall and to report to the several States such an act, meet such Commissioners as may be appointed relative to this great object, as, when unani- in the other States of the Union, at a time and mously ratified by them, will enable the United place agreed on, to take into consideration the States in Congress effectually to provide for trade of the United States; to examine the rela- the same." tive situations and trade of said States; to con- Pursuant to this resolution, the Commissioners assembled at Annapolis in the fol- lowing September, but delegates from five States only were present. Under the cir- cumstances of this partial representation, the Commissioners did not deem it advisable to proceed with their commission, but resorted to a draft, framed by Alexander Hamil- ton, of a recommendation to the various States, a part of which was as follows : "In this persuasion, your Commissioners sub- tions on the subject, they have been induced mit an opinion that the idea of extending the to think that the power of regulating trade is powers of their Deputies to other objects than of such comprehensive extent, and will enter those of commerce, which has been adopted so far into the general system of the Federal by the State of New Jersey, was an improve- Government, that to give it efficacy, and to obvi- ment on the original plan, and will deserve ate questions and doubts concerning its precise to be incorporated into that of a future con- nature and limits, may require a correspond- vention. They are the more naturally led to ing adjustment of other parts of the Federal this conclusion, as, in the course of their reflec- system." The draft concluded with the suggestion of the Constitutional Convention, which by sanction of Congress was afterwards convened in May, 1787. From "The Power to Regulate Corporations and Commerce," by Frank Hendrick C783 ^-^-^&- — ILLUSTRATIVE DOCUMENTS AND EXTRACTS THE CONSTITUTION OF THE UNITED STATES PREAMBLE WE, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the hlessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Article I Section 1 — (Legislative powers: in whom vested.) All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2 — (House of Representatives, how and by whom chosen. Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment.) 1. The House of Representatives shall be composed of members chosen every sec- ond year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union according to their respective numbers, which sball be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representa- tives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose 3; Massachusetts, 8; Rhode Island and Provi- dence Plantations, 1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5, and Georgia, 3.* 4. When vacancies happen in the representation from any State, the Executive Authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment. Section 3 — (Senators, how and by whom chosen. How classified. State Executive, when to make temporary appointments, in case, etc. Qualifications of a Senator. * See Article XIV, Amendments. REPUBLICANISM OF NINETEEN-TWENTY President of the Senate, his right to vote. President pro tern., and other officers of the Senate, how chosen. Power to try impeachments. When President is tried, Chief Justice to preside. Sentence.) 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one- third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointment until the next meeting of the Legislature, which shall then fill such vacancies. 3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted with- out the concurrence of two-thirds of the members present. 7. Judgment of cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall nevertheless be liable and sub- ject to indictment, trial, judgment, and punishment, according to law. Section 4 — (Times, etc., of holding elections, how prescribed. One Session in each year.) 1. The times, places, and manner of holding elections for Senators and Representa- tives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section 5 — (Membership. Quorum. Adjournments. Rules. Power to punish or expel. Journal. Time of adjournments, how limited, etc.) 1. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each House may provide. C803 ILLUSTRATIVE DOCUMENTS AND EXTRACTS 2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds expel a member. 3. Each House shall keep a journal of its proceedings, and from time to time pub- lish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Section 6 — (Compensation. Privileges. Disqualification in certain cases.) 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office. Section 7 — (House to originate all revenue bills. Veto. Bill may be passed by two- thirds of each house, notwithstanding, etc. Bill, not returned in ten days, to become a law. Provisions as to orders, concurrent resolutions, etc.) 1. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered; and if approved by two-thirds of that House it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return; in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and the House of Representatives, according to the rules and limitations prescribed in the case of a bill. C81I1 REPUBLICANISM OF NINETEEN-TWENTY Section 8 — (Powers of Congress.) 1. The Congress shall have power : To lay and collect taxes, duties, imposts, and excises to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States. 2. To borrow money on the credit of the United States. 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. 4. To establish an uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States. 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. 6. To provide for the punishment of counterfeiting the securities and current coin of the United States. 7. To establish post-offices and post-roads. 8. To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive rights to their respective writings and dis- coveries. 9. To constitute tribunals inferior to the Supreme Court. 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations. 11. To declare war, grant letters of marque and reprisal, and make rules concern- ing captures on land and water. 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years. 13. To provide and maintain a navy. . 14. To make rules for the government and regulation of the land and naval forces. 15. To provide for calling forth the militia to execute the laws of the Union, sup- press insurrections, and repel invasions. 16. To provide for organizing, arming, and disciplining the militia, and for govern- ing such part of them as may be employed in the service of the United States, reserv- ing to the States respectively the appointment of the officers, and the authority of train- ing the militia according to the discipline prescribed by Congress. 17. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of Government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dry-docks, and other needful buildings. 18. To make all laws which shall be necessary and proper for carrying into execu- tion the foregoing powers, and all other powers vested by this Constitution in the Gov- ernment of the United States, or in any department or officer thereof. Section 9 — (Provision as to migration or importation of certain persons. Habeas Corpus. Bills of attainder, etc. Taxes, how apportioned. No export duty. No com- mercial preference. Money, how drawn from treasury, etc. No titular nobility. Offi- cers not to receive presents, etc.) C823 ILLUSTRATIVE DOCUMENTS AND EXTRACTS 1. The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another, nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. 7. No money shall be drawn from the Treasury but in consequence of appropria- tions made by laws; and a regular statement and account of the receipts and expendi- tures of all public money shall be published from time to time. 8. No title of nobility shall be granted by the United States. And no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state. Section 10 — (States prohibited from the exercise of certain powers.) 1. No State shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, make anything but gold and silver coin a tender in payment of debts, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. 2. No State shall, without the consent of the Congress, lay any impost or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. 3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. Article II Section 1 — (President; his term of office. Electors of President; number and how ap- pointed. Electors to vote on same day. Qualification of President. On whom his duties devolve in case of his removal, death, etc. President's compensation. His oath of office.) 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows: 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no Senator or Representative or person holding an office of trust or profit under the United States shall be appointed an elector. C833 REPUBLICANISM OF NINETEEN-TWENTY 3. The electors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with them- selves. And they shall make a list of all the persons voted for, and of the number of votes for each, which list they shall sign and certify and transmit, sealed to the seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Repre- sentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed, and if there be more than one who have such majority, and have an equal number of votes, then the House of Repre- sentatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the vote shall be taken by States, the representation from each State having one vote. A quorum, for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.* 4. The Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the disability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation : "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." Section 2 — (President to be Commander-in-Chief. He may require opinions of Cabinet Officers, etc., may pardon. Treaty-making power. Nomination of certain officers. When President may fill vacancies.) 1. The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the * This ciause is superseded by Article XII, Amendments. C84] ILLUSTRATIVE DOCUMENTS AND EXTRACTS United States; he may require the opinion, in writing, of the principal officer in each of the executive departments upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate and by and with the advice and consent of the Senate shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate by granting commissions, which shall expire at the end of their next session. Section 3 — (President shall communicate to Congress. He may convene and adjourn Congress, in case of disagreement, etc. Shall receive ambassadors, execute laws, and commission officers.) He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassa- dors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section 4 — (All civil offices forfeited for certain crimes.) The President, Vice-President, and all civil officers of the United States shall be re- moved from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. Article HI Section 1 — (Judicial powers. Tenure. Compensation.) The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office. Section 2 — (Judicial power; to what cases it extends. Original jurisdiction of Supreme Court. Appellate. Trial by jury, etc. Trial, where.) 1. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citi- zens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign states, citizens, or subjects. C85] REPUBLICANISM OF NINETEEN-TWENTY 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned the Supreme Court shall have appellate juris- diction both as to law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State the trial shall be at such place or places as the Congress may by law have directed. Section 3— (Treason defined. Proof of. Punishment of.) 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no at- tainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted. Article IV Section 1 — (Each State to give credit to the public acts, etc., of every other State.) Full faith and credit shall be given in each State to the public acts, records, and ju- dicial proceedings of every other State. And the Congress may by general laws pre- scribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2 — (Privileges of citizens of each State. Fugitives from justice to be de- livered up. Persons held to service having escaped, to be delivered up.) 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No person held to service or labor in one State, under the laws thereof, escaping into another shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Section 3 — (Admission of new States. Power of Congress over territory and other property.) 1. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress. 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. C863 ILLUSTRATIVE DOCUMENTS AND EXTRACTS Section 4 — (Republican form of government guaranteed. Each State to be protected.) The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and, on application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence. Article V (Constitution : how amended. Proviso.) The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amend- ments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any man- ner affect the first and fourth clauses in the Ninth Section of the First Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. Article VI (Certain debts, etc., declared valid. Supremacy of Constitution, treaties, and laws of the United States. Oath to support Constitution, by whom taken. No religious test.) 1. All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation. 2. This Constitution and the laws of the United States which shall be made in pur- suance thereof and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the con- trary notwithstanding. 3. The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. Article VII (What ratification shall establish Constitution.) The ratification of the Conventions of nine States shall be sufficient for the establish- ment of this Constitution between the States so ratifying the same. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES The following amendments to the Constitution, Articles I to X inclusive, were pro- posed at the First Session of the First Congress, begun and held at the City of New York, on Wednesday, March 4, 1789, and were adopted by the necessary number of States. The original proposal of the ten amendments was preceded by this preamble and resolution: £873 REPUBLICANISM OF NINETEEN-TWENTY "The conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution : "Resolved, By the Senate and House of Representatives of the United States of America, in congress assembled, two-thirds of both Houses concurring, that the follow- ing articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution, namely:" THE TEN ORIGINAL AMENDMENTS They were declared in force December 15, 1791 Article I Religious Establishment Prohibited. Freedom of Speech, of the Press, and Right to Petition. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Article II Right to Keep and Bear Arms. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. Article III No Soldier to be Quartered in Any House, Unless, Etc. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Article IV Right of Search and Seizure Regulated. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Article V Provisions Concerning Prosecution, Trial and Punishment. — Private Property Not to be Taken for Public Use, without Compensation. No person shall be held to answer for a capital or other infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life C88] ILLUSTRATIVE DOCUMENTS AND EXTRACTS or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Article VI Right to Speedy Trial, Witnesses, Etc. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which districts shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation : to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. Article VII Right of Trial by Jury. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be other- wise re-examined in any court of the United States than according to the rules of the common law. Article VIII Excessive Bail or Fines and Cruel Punishments Prohibited. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article IX Rule of Construction of Constitution. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Article X Rights of States Under Constitution. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The following amendment was proposed to the Legislatures of the several States by the Third Congress on the 5th of March, 179b, and was declared to have been ratified in a message from the President to Congress, dated Jan. 8, 1798. Article XI Judicial Powers Construed. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state. The following amendment was proposed to the Legislatures of the several States bg the Eighth Congress on the 12th of December, 1803, and was declared to have been C89H REPUBLICANISM OF NINETEEN-TWENTY ratified in a proclamation by the Secretary of State, dated September 25, 180k. It was ratified by all the States except Connecticut, Delaware, Massachusetts, and New Hampshire. Article XII Manner of Choosing President and Vice-President. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom at least shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as Presi- dent, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit, sealed, to the seat of the Govern- ment of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. Rut in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-Presi- dent, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list the senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be neces- sary to a choice. Rut no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. The following amendment was proposed to the Legislatures of the several States by the Thirty-eighth Congress on the 1st of February, 1865, and was declared to have been ratified in a proclamation by the Secretary of State, dated December 18, 1865. It was rejected by Delaware and Kentucky; was conditionally ratified by Alabama and Mississippi; and Texas took no action. Article XIII Slavery Abolished. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation. 1:903 ILLUSTRATIVE DOCUMENTS AND EXTRACTS The following, popularly known as the Reconstruction Amendment, was proposed to the Legislatures of the several States by the Thirty-ninth Congress on the 16th of June, 1866, and was declared to have been ratified in a proclamation by the Secretary of State, dated Juhj 28, 1868. The amendment got the support of 23 Northern States; it was rejected by Delaware, Kentucky, Maryland, and 10 Southern States. California took no action. Subseguently it was ratified by the 10 Southern States. Article XIV Citizenship Rights Not to be Abridged. 1. All persons born or naturalized in the United States, and subject to the jurisdic- tion thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Apportionment of Representatives in Congress. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. Rut when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the executive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male members of such State, being of twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Power of Congress to Remove Disabilities of United States Officials for Rebellion. 3. No person shall be a Senator or Representative in Congress, or elector of Presi- dent and Vice-President, or holding any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Con- gress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. Rut Congress may, by a vote of two-thirds of each House, remove such disability. What Public Debts Are Valid. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing in- surrection and rebellion, shall not be questioned. Rut neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. 5. The Congress shall have power to enforce by appropriate legislation the pro- visions of this article. REPUBLICANISM OF NINETEEN-TWENTY The following amendment was proposed to the Legislatures of the several States by the Fortieth Congress on the 27th of February, 1869, and was declared to have been ratified in a proclamation by the Secretary of State, dated March 30, 1870. It was not acted on by Tennessee; it was rejected by California, Delaware, Kentucky, Maryland, and Oregon; ratified by the remaining 30 States. New York rescinded its ratification January 5, 1870. New Jersey rejected it in 1870, but ratified it in 1871. Article XV Equal Rights for White and Colored Citizens. 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce the provisions of this article by appro- priate legislation. The following amendment was proposed to the Legislatures of the several States by the Sixty-first Congress on the 12th day of July, 1909, and was declared to have been ratified in a proclamation by the Secretary of State, dated February 25, 1913. The income tax amendment was ratified by all the States except Connecticut, Florida, Penn- sylvania, Rhode Island, Utah, and Virginia. Article XVI Income Taxes Authorized. The Congress shall have power to lay and collect taxes on incomes, from whatever sources derived, without apportionment among the several States, and without regard to any census or enumeration. The following amendment was proposed to the Legislatures of the several States by the Sixty-second Congress on the 16th day of May, 1912, and was declared to have been ratified in a proclamation by the Secretary of State, dated May 31, 1913. It got the vote of all the States except Alabama, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Rhode Island, South Carolina, Utah, and Virginia. Article XVII United States Senators to Be Elected by Direct Popular Vote. 1. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures. Vacancies in Senatorships, When Governor May Fill by Appointment. 2. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the Legislature of any State may empower the Executive thereof to make temporary appointment until the people fill the vacancies by election as the Legislature may direct. 3. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. C92H ILLUSTRATIVE DOCUMENTS AND EXTRACTS Article XVIII Liquor Prohibition Amendment. 1. After one year from the ratification of this article the manufacture, sale, or trans- portation of intoxicating liquors within, the importation thereof into, or the exporta- tion thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. 3. This article shall be inoperative unless it shall have been ratified as an amend- ment to the Constitution by the Legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. (The liquor prohibition amendment and legislation under it have been sustained by the Supreme Court of the United States. Official announcement of the adoption of the amendment by 36 States was made by Secretary of State Lansing on January 29, 1919.) PRESIDENTIAL ELECTIONS There is, properly speaking, no popular vote for President and Vice-President; the people vote for electors, and those chosen in each State meet therein and vote for the candidates for President and Vice-President. The record of any popular vote for elec- tors prior to 1828 is so meagre and imperfect that a compilation would be useless. In most of the States, for more than a quarter century following the establishment of the Government, the State Legislatures "appointed" the Presidential electors, and the people therefore voted only indirectly for them, their choice being expressed by their votes for members of the Legislature. THE Constitution originally consisted of a Preamble and seven Articles, and in that form was "Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth." The Constitution was declared in effect on the first Wednesday in March, 1789. The signers of the original Constitution, by virtue of their membership in Congress, were: GO. WASHINGTON, President and deputy from Virginia. New Hampshire: John Langdon, Nicholas Gilman. Maryland: James McHenry, Danl. Carroll, Dan. of St. Massachusetts: Nathaniel Gorham, Jiul'iis King. Thos. Jenifer. Connecticut: Wm. Saml. Johnson, Roger Sherman. Virginia: John Blair, James Madison, Jr. New York: Alexander Hamilton. North Carolina: Wm. Blount, Hu. Williamson, Richd. New Jersey: Wil. Livingston, David Brearley, Wm. Pat- Dobbs Spaight. terson, Jona. Dayton. South Carolina: J. Rutledge, Charles Pinckney, Charles Pennsylvania: B. Franklin, Robt. Morris, Thos. Fitz- Cotesworth Pinckney, Pierce Butler. Simmons, James Wilson, Thomas Mifflin, Geo. Clymer, Georgia: William Few, Abr. Baldwin, Jared lngersoll, Gouv. Morris. Attest: William Jackson, Secretary. Delaware: Geo. Read, John Dickinson, Jaco. Broom, Gun- ning Bedford jun, Richard Bassett. The Constitution was ratified by the thirteen original States in the following order: Delaware, December 7, 1787, unanimously. South Carolina, May 23, 1788, vote 149 to 73. Pennsylvania, December 12, 1787, vote 46 to 23. New Hampshire, June 21, 1788, vote 57 to 46. New Jersey, December 18, 1787, unanimously. Virginia, June 25, 1788, vote 89 to 79. Georgia, January 2, 1788, unanimously. New York, July 26, 1788, vote 30 to 28. Connecticut, January 9, 1788, vote 128 to 40. North Carolina, November 21, 1789, vote 193 to 75. Massachusetts, February 6, 1788, vote 187 to 168. Rhode Island, May 29, 1790, vote 34 to 32. Maryland, April 28, 1788, vote 63 to 12. C93H REPUBLICANISM OF NINETEEN-TWENTY AMERICAN FOREIGN POLICY WASHINGTON'S FAREWELL ADDRESS EXTRACTS FROM HIS ADDRESS COUNSELLING THE MAINTENANCE OF THE UNION. — CONFINEMENT OF THE GENERAL GOVERNMENT TO ITS CONSTITUTIONAL LIMITATIONS, AND AVOIDANCE OF RELATIONS WITH FOREIGN POLITICAL AFFAIRS To the People of the United States on His Approaching Retirement from the Presidency INTERWOVEN as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. The unity of government which constitutes you one people, is also now dear to you. It is justly so; for it is a main pillar in the edifice of your real independence — the support of your tranquillity at home, your peace abroad, of your safety, of your pros- perity, of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed — it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frown- ing upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. For this you have every inducement of sympathy and interest. Citizens by birth or choice of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you, in your national capacity, must always exalt the just pride of patriotism, more than any appellation derived from local dis- criminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have, in a common cause, fought and triumphed together; the independence and liberty you possess are the work of joint counsels and joint efforts — of common dangers, sufferings, and successes. It is important, likewise, that the habits of thinking in a free country should inspire caution in those intrusted with its administration to confine themselves within their respective constitutional spheres, avoiding, in the exercise of the powers of one depart- ment, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of govern- ment, a real despotism. A just estimate of that love of power, and proneness to abuse C943 ^^^^py^x/:. ILLUSTRATIVE DOCUMENTS AND EXTRACTS it which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by divid- ing and distributing it into different depositories, and constituting each the guardian of the public weal, against invasions by the others, has been evinced by experiments, ancient and modern; some of them in our country and under our own eyes. To pre- serve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be, in any particular, wrong, let it be corrected by an amendment in the way which the Constitution desig- nates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance, in permanent evil, any partial or transient benefit which the use can, at any time, yield. Observe good faith and justice towards all nations; cultivate peace and harmony with all. Religion and morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that, in the course of time and things, the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it? Can it be that Providence has not connected the permanent felicity of a nation with its virtue? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas! is it rendered impossible by its vices? Entanglements with Foreign Powers Against the insidious wiles of foreign influence, I conjure you to believe me, fellow- citizens, the jealousy of a free people ought to constantly awake; since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy, to be useful, must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defence against it. Exces- sive partiality for one foreign nation, and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil, and even second, the arts of influence on the other. Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests. The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests, which to us have none, or a very remote re- lation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people under an efficient government, the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupulously respected; when belligerent nations, under the impossibility of making C953 REPUBLICANISM OF NINETEEN-TWENTY acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel. Why forego the advantages of so peculiar a situation? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rival- ship, interest, humor, or caprice? Tis our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be under- stood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to pubbc than to private affairs, that honesty is always the best policy. I repeat it, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary and would be unwise to extend them. Taking care always to keep ourselves, by suitable establishments, on a respectably defensive posture, we may safely trust to temporary alliances for extraordinary emergencies. In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope that they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our nation from running the course which hitherto has marked the destiny of nations; but if I may even flatter myself that they may be productive of some partial benefit, some occasional good; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigues, to guard against the impostures of pretended patriotism, this hope will be full recompense for the solicitude for your welfare by which they have been dictated.* United States, September 17, 1796. GEORGE WASHINGTON. * "It is a source of profound pride with me to receive such an evidence of the confidence of the great party which derives its principles direct and untainted from the founders of our Gov- ernment and the authors of our liberty." — President Wilson to Chairman Cummings of the Demo- cratic National Convention of 1920. The American democratic advocate of an un-American super-government forgets his history. One hundred and twenty-four years ago, lacking two months, the editor of a Philadelphia paper, the National Advertiser, was asked to call at Sixth and Market streets. He did so, and an his- torian thus narrates the sequel: "He entered the hall, was shown into the drawing room and there, standing with his back to the fireplace, was the most God-like man the world has ever known, six feet two in height, steel-gray eyes, prominent, aquiline nose, firm, set mouth, clad in black velvet, sword hanging by his side. "When Mr. Claypole, the editor in question, entered, this man, who was none other than George Washington, said to him: " 'Mr. Claypole, I have a manuscript here that I am very anxious you should publish in the Advertiser, and I want you to publish it exactly as I have written.' "Claypole said he would do it, and took it away. "Washington for five years had labored over that manuscript, first in 1792, toward the end of his first administra- tion; then he laid it aside when he agreed to accept a second term. In 1796, he took it up again and submitted it to the keenest jurist of his time, James Madison, sometimes called the 'Father of the Constitution.' He then discussed it with his Cabinet, including the very acute brain of Thomas Jefferson. When their opinions were given, he submitted the draft to that 'Admirable Crichton' of the period, Alexander Hamilton, and asked him to take all the suggestions that had been made and put the document into final shape. Hamilton did so, and when it was returned to Washing- ton, the latter again carefully revised it and then banded it to Claypole. "Twice the printer's proofs were returned, and twice Washington returned them, with all the laborious care that marked that supremely great man, and finally, one September day, the noblest political testament in the history of the world was published, — the Farewell Address. "It was not an official communication addressed to Congress. It was addressed to the people of the United States as citizens. It was not to his generation alone that he addressed it; but, knowing that he would soon be gathered into the 'mansions of the departed,' Washington desired, as among the last acts of his life, to give to future generations of the American people the result of his forty-five years of experience in the army and field, his matured and final views as to our nation's destiny and true policy." C96H _>^9 f m.£ s is B 1 I^L A t - mi *i: ' 1 IBshl* HE 1 \ "IIBe " 1 '-^SRw'M^tt Baas , j \J \ " * .^jroSgw* -- 1 y;-TtBCfftt IHE3 Km. J "■■'• f.i'^il'jfa; 1 ;"'"''' ^s. r^ ILLUSTRATIVE DOCUMENTS AND EXTRACTS THE MONROE DOCTRINE . THE Monroe Doctrine dates from a declaration of December 2, 1823, by James Monroe, Presfdent of the United States, in his seventh annual message to Con- gress. Brazil had declared its independence of Portugal the year before. Troubles in the latter country had caused a modification of the Constitution. In Spain a revolution had occurred, and the dominion of Peru was lost. The Holy Alliance, formed in 1815 by Russia, Austria and Prussia, was threatening, so it was alleged, to help Spain recover its control in South America. Russia and the United States were in controversy over their Pacific Coast boundaries. Mr. Monroe in his message took up the Russian matter first, saying : "In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers." The President then spoke of Spain and Portugal in this wise : "Of events in that quarter of the globe with which we have so much intercourse and from which we derive our origin we have always been anxious and interested spec- tators. The citizens of the United States cherish sentiments the most friendly in favor of the liberty and happiness of their fellowmen on that side of the Atlantic. In the wars of the European powers, in matters relating to themselves, we have' never taken any part, nor does it comport with our policy so to do. It is only when our rights are invaded or seriously menaced that we resent injuries or make preparation for our defense. With the movements in this hemisphere we are of necessity 'more immedi- ately connected, and by causes which must be obvious to all enlightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America. This difference proceeds from that which exists in their respective Governments. And to the defense of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wisdom of their most enlightened citizens, and under which we have enjoyed unexampled felicity, this whole nation is devoted. We owe it, therefore, to candor and to the amicable re- lations existing between the United States and those powers to declare that we should consider any attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and safety. "With the existing colonies or dependencies of any European power we have not interfered and shall not interfere. But with the Governments who have declared their independence and maintained it, and whose independence we have, on great considera- tion and on just principles, acknowledged, we could not view any interposition for the purpose of oppressing them, or controlling, in any other manner, their destiny, by any European power, in any other light than as the manifestation of an unfriendly disposition towards the United States. In the war between these new Governments and Spain we declared our neutrality at the time of their recognition, and to this we have adhered, and shall continue to adhere, provided no change shall occur which, in the judgment of the competent authorities of this Government, shall make a cor- responding change on the part of the United States indispensable to their security." C973 REPUBLICANISM OF NINETEEN-TWENTY THE REASON THE REPUBLICAN PARTY WAS ESTABLISHED THE PARTY SYSTEM PARTY AND THE PARLIAMENTARY SYSTEM THE last generation has made great strides in the study of psychology. The workings of the individual mind, and its reaction to every stimulus or impres- sion, especially under morbid conditions, have been examined with far more care than ever before. Social psychology has also come into view, and attempts have been made to explain the psychology of national traits, and of abnormal or unhealthy popular movements, notably mobs. But the normal forces that govern the ordinary conduct of men in their public relations have scarcely received any scientific treatment at all. In short, we are almost wholly lacking in a psychology of political parties, the few scattered remarks in Maine's "Popular Government" being, perhaps, still the nearest approach to such a thing that we possess. The absence of treatises on the subject is all the more remarkable because the phenomena to be studied are almost universal in modern governments that contain a popular element. Experience has, indeed, shown that democracy in a great country, where the number of voters is necessarily large, involves the permanent existence of political parties; and it would not be hard to demonstrate that this must in the nature of things be the case. That parties exist, and are likely to continue to do so, has pro- voked general attention. By all statesmen they are recognised as a factor to be reckoned with in public life; and, indeed, efforts have been made in various places to deal with them by law. In the United States, for example, the local caucuses, or conventions of the parties, and their methods of nominating candidates, have of late years been regulated by statute; while in Switzerland and Belgium, elaborate schemes of proportional representation have been put into operation to insure a fair share of seats to the groups in the minority. But if political parties have become well-nigh universal at the present time, they are comparatively new in their modern form. No one in the eighteenth century foresaw party government as it exists to-day, enfolding the whole surface of public life in its constant ebb and flow. An occasional man like Burke could speak of party without condemnation; but with most writers on political philosophy parties were commonly called factions, and were assumed to be subversive of good order and the public welfare. Men looked at the history with which they were familiar; the struggles for supremacy at Athens and at Rome; the Guelphs and Ghibelines exiling one another in the Italian republics; the riots in the Netherlands; the civil war and the political strife of the seventeenth century in England. It was not unnatural that with such examples before their eyes they should have regarded parties as fatal to the pros- perity of the state. To them the idea of a party opposed to the government was asso- C98n ILLUSTRATIVE DOCUMENTS AND EXTRACTS dated with a band of selfish intriguers, or a movement that endangered the public peace and the security of political institutions. Foreign observers, indeed, point out that for nearly three hundred years political parties have existed in England, as they have not in continental countries; and that the procedure of the House of Commons has consistently protected the Opposition in its attacks upon the government. This is true, and there is no doubt that even in the seventeenth century party struggles were carried on both in Parliament and by pam- phlets and public speeches, with a freedom unknown in most other nations; but still they were a very different thing from what they are now. They were never far removed from violence. When the Opposition of those days did not actually lead to bloodshed, it was perilpusly near to plots and insurrection; and the fallen minister, who was driven from power by popular feeling or the hostility of Parliament, passed under the shadow at least of the scaffold. Danby was impeached, and Shaftesbury, his rival, died a refugee in Holland. With the accession of the House of Hanover, and the vanishing of the old issues, political violence subsided. The parties degen- erated into personal factions among the ruling class; and true parties were evolved slowly by the new problems of a later generation. The expression, "His Majesty's Opposition," said to have been coined by John Cam Hobhouse before the Reform Bill, would not have been understood at an earlier period; and it embodies the greatest contribution of the nineteenth century to the art of govern- ment — that of a party out of power which is recognised as perfectly loyal to the in- stitutions of the state, and ready at any moment to come into office without a shock to the political traditions of the nation. In countries where popular control of public affairs has endured long enough to be firmly established, an Opposition is not regarded as in its nature unpatriotic. On the contrary, the party in power has no desire to see the Opposition disappear. It wants to remain in power itself, and for that reason it wants to keep a majority of the people on its side; but it knows well that if the Opposi- tion were to become so enfeebled as to be no longer formidable, rifts would soon ap- pear in its own ranks. In the newer democracies, such as France and Italy, there are large bodies of men whose aims are revolutionary, whose object is to change the exist- ing form of government, although not necessarily by violent means. These men are termed "irreconcilables," and so long as they maintain that attitude, quiet political life with a peaceful alternation of parties in power is an impossibility. The recognition of the Opposition as a legitimate body, entitled to attain to power by persuasion, is a primary condition of the success of the party system, and there- fore of popular government on a large scale. Other conditions of success follow from this. If the Opposition is not to be regarded as revolutionary, its objects must not be of that character, either in the eyes of its own adherents, or in those of other people. As Professor Dicey has put it, parties must be divided upon real differences, which are important, but not fundamental. There is, of course, no self-evident line to mark off those things that are revolutionary or fundamental; and herein lies an incidental ad- vantage of a written constitution restricting the competence of the legislature, for it draws just such a line, and goes far to confine the immediate energies of the parties to questions that are admitted not to be revolutionary. In the absence of a constitution of that kind, party activity must be limited to a conventional field, which is regarded by the public opinion of the day as fairly within the range of practical politics. Clearly C99H REPUBLICANISM OF NINETEEN TWENTY the issues must not involve vital matters, such as life or confiscation. When, during the progress of the French Revolution, an orator argued in favour of the responsibility of the ministers, and added "By responsibility we mean death," he advocated a prin- ciple inconsistent with the peaceful alternation of parties in power. For the same reason there is grave danger when the lines of cleavage of the parties coincide with those between the different social classes in the community, because one side is likely to believe that the other is shaking the foundations of society, and passions are kindled like those that blaze in civil war. This is true whenever the parties are separated by any of the deeper feelings that divide mankind sharply into groups; and especially when two or three such feelings follow the same channel. The chief difficulty with Irish Nationalism, as a factor in English politics, lies in the fact that to a great extent the line of cleavage is at once racial, religious, social, and economic. In order that the warfare of parties may be not only safe, but healthy, it must be based upon a real difference of opinion about the needs of the community as a whole. In so far as it is waged, not for public objects, but for the private gain, whether of individuals, or of classes, or of collective interests, rich or poor, to that extent politics will degenerate into a scramble of self-seekers. Before inquiring how far these conditions have been fulfilled in England we must consider the form that party has assumed there, and the institutions to which it has given birth. England is, in fact, the only large country in which the political institu- tions and the party system are thoroughly in harmony. The framers of the Constitution of the United States did not foresee the role that party was to play in popular government, and they made no provision for it in their plan; yet they established a system in which parties were a necessity. It was from the first inevitable, and soon became clear, that the real selection of the President would not be left to the judgment of the electoral college — a result made the more certain, first, by providing that the members should assemble by States, and hence should not meet together as a whole for deliberation; and second, by excluding from the college all congressmen and holders of federal offices, that is, all the leading men in national public life. If the electoral college was not really to select the President, it must become a mere machine for registering the results of a popular vote throughout the nation, and the candidates for the presidency must be designated beforehand in some way. In a small district where the voters are few, and an interchange of opinions naturally takes place by informal conference, public officers may be elected by popular vote without the existence of any machinery for nomination; but in a large constituency, where the voters are not personally acquainted with each other, men who have the same objects in view must get together, agree upon a candidate, and recommend him to the public. Otherwise votes will be thrown away by scattering them, and it will be mere chance whether the result corresponds with the real wishes of the voters or not. In short, there must be some process for nominating candidates; that is, some party organisation; and the larger the electorate the more imperative the need of it. Now the electorate that practically chooses the President of the United States is by far the largest single constituency that has ever existed in the world. It is, in fact, noteworthy that democracy throughout Europe adheres to the custom of dividing the country for political purposes into comparatively small electorates; while in the United States it is the habit to make whole communities single constituencies for the choice of their chief magistrates — state governors or national president — a condition of things noon NATHAN L. MILLER ILLUSTRATIVE DOCUMENTS AND EXTRACTS that involves elaborate party machinery for nomination, and hence the creation of huge party organisations on a popular basis. The form of government in the United States has thus made parties inevitable; and yet they were furnished with no opportunity for the exercise of their functions by the regular organs of the state. There were no means provided whereby a party could formulate and carry through its policy, select its candidates for high office, or insure that they should be treated as the real leaders of the party and able to control its action.* The machinery of party, therefore, from the national convention to the legis- lative caucus, has perforce been created outside the framework of the government, and cannot be nicely adjusted thereto. Turning from Parliament to the legislative bodies of the United States, we find quite a different array of figures. Five Congresses were examined, those elected in 1844, 1862, 1886, 1896 and 1898, and in each of them all the sessions of both branches were studied. From the summary of results, given in the note, it is clear that no such continuous tendency has been at work, as in the House of Commons. The pro- portion of party votes changes very much from one Congress, and even from one session, to another, but it does not follow closely any fixed law of evolution. It is, indeed, much less in the first of these Congresses than in the last, and, no doubt, it tends on the whole to increase; yet great fluctuations have taken place, sometimes between two sessions of the same Congress. It has often happened, for example, that the proportion of party votes has been twice as large in one session as in another. The most striking case occurred in the Fifty-fifth Congress elected in 1896. Here the percentage of party votes in the first session of the House was 85.71, and in the third only 20; while in the Senate it was 69.47 in the first session, and in the third it dis- appeared altogether. Wherever this happens, and in fact wherever the number of party votes is especially large, it is because of some one particular measure on which the parties take issue. In the Fifty-fifth Congress it was due to the Dingley Tariff Bill, which the Houses had been called together in a special session to consider; and in the same way th'e 66.48 per cent of party votes in the Senate in the second session of the Fiftieth Congress was almost entirely caused by the Mills Tariff Bill, or rather by the Senate substitute therefor. In Parliament contentious legislation is now conducted in the main by one party and opposed by the other, and hence the proportion of party votes is nearly constant. In Congress this is by no means true, and the quantity of such votes depends largely upon the presence of some question on which the parties happen to be sharply divided. On other subjects party lines are less strictly drawn. In short, in England the parties frame the issues; in America at the present day the issues do not, indeed, make the parties, but determine the extent of their opposition to each other in matters of legis- lation. In general the statistics for Congress show that whereas during the middle of the century the amount of party voting there was at least as great as in Parliament, and while in particular sessions the English maximum has been exceeded, yet on the average, party lines are now drawn distinctly less often than in the House of Commons. From "The Government of England" by A. Lawrence Lowell * "So long as the principles of a political party are conceded, personal political ambitions are justifiable, but whenever fundamental ideas must be defended, that must be done by ideas alone. The present campaign of The Republican Party is a fight for the survival of the American system of government. It should enlist the support of every man who has caught the spirit of American institutions." — William Barnes in the Campaign of 19lt. Don REPUBLICANISM OF NINETEEN-TWENTY LINCOLN'S GETTYSBURG ADDRESS Delivered at the Dedication of the National Cemetery, November 19, 1863 FOURSCORE and seven years ago our fathers brought forth on this continent, a new nation, conceived in liberty, and dedi- cated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long en- dure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field, as a final resting-place of those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we cannot dedicate — we cannot consecrate — we cannot hallow — this ground. The brave men, living and dead, who struggled here have consecrated it, far above our poor power to add or detract. The world will little note, nor long re- member what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the un- finished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take in- creased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth. [An accurate version of the Gettysburg Address as revised by Mr. Lin- coln and printed in "Autographs of Our Country's Authors," Baltimore, 1864.] C1023 Part III THE STANDARD BEARERS OF REPUBLICANISM THE STANDARD BEARERS OF REPUBLICANISM JOHN MARSHALL The Founder of "Republicanism" as the Safeguard of True Democracy By ALBERT J. BEVERIDGE Former United States Senator and Author of "The Life of John Marshall" FOR the first time in many decades, the American people are facing a situation which compels attention to the fundamentals of government. Heretofore our political issues, while important, have not involved the basic principles of our institutions of orderly freedom; they might have been settled either way without affect- ing the foundation upon which the American Nation rests. To-day, however, condi- tions are arising which have to do with the on-going of government by methods of regular and systematic procedure. It thus has come about that the philosophy and work of John Marshall are at this time more important than those of any other man in our history to the preservation of our Republic as it was planned and has thus far developed. He understood better than anybody else, or, at least, worked out more effectively than any other mind, the capital truth that a stable and stabilizing force is vital to the success of a democracy. It is becoming ever clearer to thoughtful men that the gravest peril to popular gov- ernment is the want of steadiness. Temporary popular caprice, sharp and passionate demands for instantaneous and ill-considered action, the eccentric play of emotion on public opinion which, if held in check until the people can have the benefit of their sober second thought, unfailingly are regretted and rejected by the mass judgment, will, when unrestrained and undisciplined, lead to inevitable catastrophe. While of course it is impossible in a few words to give even a brief precis of Mar- shall's philosophy, yet perhaps the whole of it may be best summed up in the words steadiness in popular thought and action and stability of public judgment when once maturely formed and deliberately rendered. As the best aid to this, Marshall realized and managed to put into effect the principle of the supremacy of courts, not only in the ordinary disputes of men, but also over such legislation as is forbidden by our funda- mental law. Of equal moment was his idea, which he contrived to put into practice, that every branch of our popular government must function in a regular manner according to well understood rules established by statute and custom. Speaking by and large, it is these conceptions of legislation, administration and judicial control which are now in gravest danger, and which must be defended and preserved at any cost and at any hazard; since otherwise it is plain that our Republi- can Government will fall into chaos. Many examples of this simple fact may be given. For instance, the lawless method of coercing the enactment of the Adamson law raised exactly this elemental issue; for, should such a practice become general, there would, of course, be an end of free government of, by and for all the people, and instead, we would suffer under the erratic despotism of political groups. The practical abrogation of many other constitutional methods of executive action, fresh in the minds of all, furnish still other illustrations. £10511 REPUBLICANISM OF NINETEEN-TWENTY Additional instances, hardly less shocking, are before our eyes in the matter of the numerous attempts to suppress lawful free speech on the one hand; and yet the unrestrained exercise of criminal speech on the other hand — both violative of the very life principle of liberty. That our government shall not be one of personal whims but of general laws; that local sovereignty shall be full and inviolate in local affairs, and national power ample and supreme in matters of national concern; that good faith is the legal as well as moral foundation of our economic and social life; that representative government is the true expression of genuine and practical democracy; that citizens must elect honest men to transact public business or suffer the natural consequences if they place dis- honest men in power; that obedience to law is the only condition of freedom and safety — these are the life-giving and life-sustaining elements which John Marshall gave to the American Nation. C106 3 & ^'•""v THE STANDARD BEARERS OF REPUBLICANISM ABRAHAM LINCOLN By ELIHU ROOT Former United States Senator and Secretary of State of the United States THE life of Abraham Lincoln is full of appeals to the imagination; its dramatic quality absorbs attention. The humble beginnings, the early poverty, the slender opportunity for even the simplest education, the swift rise from the ordinary lot to the heights of station and of power, the singular absence of those aids by which personal ambition commonly seeks its ends, the transcendent moral quality of the cause which he came to lead, the desperate struggle, the triumphant success, the tragic ending, the startling contrast between the abuse and ridicule to which he was so long subjected, and the honor and glory for all time which he achieved; all these tend com- pletely to fill the minds of those who read or listen to the story of Lincoln. There is another view of Lincoln's life, however, which we ought not to overlook, and from which a useful lesson may be learned. He was intensely practical. While he never for a moment lost sight of the great ends towards which he struggled, or wavered in his devotion to the eternal principles which justified those ends, he never assumed that his conclusions would be accepted merely because he knew they were right, however clearly he might state them. He did not expect other people's minds to work as his mind worked or to reach his conclusions because he thought they ought to reach them, or to feel as he felt because he thought they ought to feel so. He never relied upon authority or dictation or compulsion upon the minds of others. Never concealing or obscuring his ideals, avowing them, declaring them, constant to them, setting them high for guidance as if among the stars, he kept his feet on the earth, he minded his steps, he studied the country to be traversed, its obstacles, its possible aids to progress. He studied the material with which he had to work, — the infinite varieties of human nature, the good, the bad, and predominantly the indifferent, the widely differing material interests of sections and of occupations, the inherited tradi- tions and prejudices, the passions and weaknesses, sympathies and dislikes, the ignorance and misunderstanding, the successive stages of slowly developing opinion, the selfishness and the altruism. He understood that to lead a nation in emergency he had to bring all these forces into such relations to his design and to each other that the resultant of forces would be in the direction of his purpose. This was the field of Lincoln's great struggle, and here he won by infinite patience and sagacity. During those terrible years of the Rebellion he was not disturbing himself about what prin- ciples he ought to maintain or what end he ought to seek. He was struggling with the weaknesses and perversities of human nature at home. He was smoothing away ob- stacles and converting enemies and strengthening friends, and bending all possible motives and desires and prejudices into the direction of his steady purpose. Many people thought while he was doing this that he was trifling, that he was yielding where he ought to have been splendidly courageous and peremptory. He understood as they did not how to bend his material without breaking it; he understood as they did not how many a jest bridged over a difficult situation, and made it possible to avoid a quarrel injurious to the Union cause. REPUBLICANISM OF NINETEEN TWENTY Lincoln's whole life had been a training for just this kind of struggle. He had begun at the bottom in a community of simple, poor, and for the most part uneducated people, and he had learned in his contests for the State Legislature to win the support of those people by actual personal contact and influence, standing absolutely on a level with them, and without any possible assumption of superiority or right of dictation. He had moved along up the scale of association with people of broader minds and greater education and more trained intelligence, developing himself as he moved on, but never changing his method of winning agreement. This was always by a frank and honest declaration of principle and purpose accompanied by the most skilful and sympathetic appeal to the human nature of the man with whom he dealt, based upon a careful study of the capacities and prejudices and motives of that man. He had three qualities of the highest value. The first was sympathy, — genuine appre- ciative sympathy for all his fellow-men. Contemplation of human nature furnishes nothing more encouraging than the general response of mankind to such a quality; it cannot be simulated; it must be real; and then it begets its like in others. Secretary Stanton used to get out of patience with Lincoln because he was all the time pardoning men who ought to be shot; but no one can tell how much the knowledge of that quality in him drew the people of the country towards him and won their confidence and support. Above all, that quality enabled him to understand men, to appreciate how they felt, and why they acted as they did, and how they could be set right when they were wrong. The second quality was a sense of proportion, with which is always associated humor or a sense of humor. He knew intuitively what was big and important and must be insisted upon, and what might seem big but was really small and unimportant and might be sacrificed without harm. Such a statement may seem a matter of course and of little consequence; but, if we look back in history we can see that a large part of the most bitter controversies in politics and religion and statecraft and opinion in all fields have been about matters which really were not in themselves of the slightest consequence; and we may realize how important it is in great crises to have leaders who can form the same kind of judgment about the relative importance of questions at issue that future generations may readily form in the reading of history. The third quality of Lincoln's was his subordination of himself to his cause. He liked to get on in the world, of course, as any normal man does; but the way he got on was by thinking about his job, not by thinking about himself. During all these years he was not thinking about making Abraham Lincoln famous; he was thinking about putting an end to slavery and preserving the Union. It is interesting to observe that the two who have attained the highest pinnacles are not to be found among the millions of Americans who have dreamed of power and fame for themselves. Washington and Lincoln reached their pre-eminence by thinking about their work and forgetting themselves. Lincoln never made the mistake of using words — either oral or written — merely for his own satisfaction. Many fine sentiments are uttered about public affairs which are not really designed to have an effect upon anybody except the speaker or writer whose feelings are gratified by expression. They are like the use of expletives — profane and otherwise — which simply relieve the feelings of the speaker. Lincoln never made this mistake. When he spoke or wrote, his objective was always the mind of somebody else. His method with individuals is well illustrated by the incident when a committee of gentlemen called upon him to object to the use of negro troops. They said they were nosn THE STANDARD BEARERS OF REPUBLICANISM all patriotic citizens, that their sons were serving in the Union Army, and were culti- vated gentlemen, and they objected to having negroes put upon the same level. Mr. Lincoln said: "Well, gentlemen, if you would rather have your sons die for a black man than have a black man die for your sons, I suppose there is nothing more to be said." This was a wholly new view of the subject. The objectors were prepared to stand for all time against arguments designed to force them to abandon their prejudice. Lincoln, however, had instantly found the line of least resistance which left the prej- udice undisturbed and at the same time left them nothing to say; so the objection ended. Another illustration on a broader field is to be found in the great debates with Douglas. From first to last, in these debates he insisted upon the fundamental proposi- tion that slavery was morally wrong and ought not to continue. He knew, however, that the conservatism and the material interests and the unawakened conscience of the North could not then be arrayed in favor of destroying slavery in the slave States at the expense of destroying the Constitution. Accordingly, he carefully and con- sistently disclaimed any such proposal, and limited himself to demanding that slavery should be restricted to the States where it already existed under the protection of the Constitution, and that its extension should be prevented just as it had been prevented by the ordinance for the Government of the Northwest Territory in 1787, in confidence that if restricted it would die a natural death just as the framers of the Constitution believed it would die when they agreed to the compromises of the Constitution. Upon that proposition to prevent the extension of slavery because slavery was wrong, he enlisted the public opinion of the North and made possible the election of a Republican President in 1860. In the struggle of the South against that proposition a new situation was created, and in 1863 the whole North accepted the complete emancipation upon which they would have divided fatally five years before. The Emancipation Proclamation itself illustrates the same wise solicitude to keep the people upon whose support he relied close behind his leadership. After declaring that the slaves shall be free, he concludes with the following paragraph: "And upon this act, sincerely believed to be an act of justice warranted by the Con- stitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God." It would be difficult to conceive of a broader appeal to more varied kinds of men and phases of opinion than is contained in this single sentence of thirty-three words. It commands the interest and conciliates the support of all who love justice, of all who revere the Constitution, of all who are determined that the sacrifices of the country in the war shall not have been in vain, of all who regard the judgment of mankind, of all whose sympathy is enlisted by action reverent in spirit and seeking for Divine guid- ance. It claims no credit for Abraham Lincoln, but it places the great act with a fitting sense of proportion on a basis to command universal approval and support. One of the most valuable results of Lincoln's training was that he understood the necessity of political organization for the accomplishment of political ends. He knew that to attain a great public purpose multitudes of men must be induced to lay aside or postpone or in some way subordinate their minor differences of opinion, and to move together on the lines of major policy. He used all the resources of party organization to hold the people of the North-to the support of the Northern armies in the field. Lin- coln was a politician, the best practical politician of his time. If he had not been that, : loon REPUBLICANISM OF NINETEEN-TWENTY the Northern armies would have been abandoned; the Union would have been broken to the infinite injury of both sections; and slavery would have continued, no one knows how long, — probably until another war had been fought. It will be useful to remember that Abraham Lincoln was a politician. The word is often used as a term of reproach. Such a use indicates the most superficial thinking, or, rather, failure to think. To be a corrupt and self-seeking politician ought of course to be a reproach, just as it is a dis- credit to be a corrupt or unfair business man. Politics is the practical exercise of the art of self-government, and somebody must attend to it if we are to have self-govern- ment; somebody must study it and learn the art and exercise patience and sympathy and skill to bring the multitude of opinions and wishes of self-governing people into such order that some prevailing opinion may be expressed and peaceably accepted. Otherwise, confusion will result either in dictatorship or anarchy. The principal ground of reproach against any American citizen should be that he is not a politician. Everyone ought to be, as Lincoln was. E1103 THE STANDARD BEARERS OF REPUBLICANISM ANDREW JOHNSON By ALBERT BUSHNELL HART Professor of Government in Harvard University k NDREW JOHNSON, second Republican President, down to the Civil War had been f\ a States' Rights Democrat in the House of Representatives, as Governor of Ten- _Z. A nessee, and as United States Senator. His career as a Republican began when, because of his active opposition to the secession of his State, he was appointed Mili- tary Governor of Tennessee in 1862. He made himself felt in that service, and was therefore selected out of a large field of possibilities by Abraham Lincoln to be his running mate in the election of 1864. Even then he was officially the candidate of the "Union" or "National Union" party, a name taken on by the Republicans in this campaign in order to encourage recruiting of former Democrats and border State men. By the assassination of Lincoln, April 15, 1865, Johnson unexpectedly became Presi- dent. He retained Lincoln's cabinet and acted upon what we know to have been Lincoln's general idea of starting the process of reconstruction, by the formation of new State governments in nearly all the eleven "Wandering Sisters." That policy was a form acceptable to a majority of the Republicans, but for the disturbance caused by the Negro question. President Johnson, like Lincoln, was in origin a southern poor white; he intended to base the new Southern governments on poor whites, and was interested in the poor negroes. The radical Republicans in Congress therefore organized against him, and read him out of the party. In the violent controversy of 1866-1867 they used their compact two- thirds majorities to override his vetoes and reduce his power as President. Johnson who was by nature a rough and uncompromising man, never afraid of a fight, hit back; and the Radical Republican leaders undertook to break the President by an im- peachment. Whatever his personal faults, Johnson's real offense was that he dis- agreed with the Thaddeus Stephens-Charles Sumner group. Fortunate it was in vain that they tried to establish the dangerous doctrine that the President is under a parlia- mentary responsibility to Congress. Johnson's reconstruction plan was laid aside; but as President he showed native strength and administrative skill. He supported the far-sighted American policy of Secretary Seward. He had the personal good-will of General Grant, and other good Republicans. Though the responsibility of reconstruction was too much for him, he deserves to be remembered by the Republican Party as almost the first, and one of the most eminent, of the Southern Republicans. nm REPUBLICANISM OF NINETEEN-TWENTY ULYSSES S. GRANT By CALVIN COOLIDGE Governor of Massachusetts WHEN Lincoln was inaugurated few men in the United States seemed of less consequence than Captain Grant, who, although thirty-nine years old, was working at Galena in his father's leather store for lower wages than many elevator boys receive to-day; and yet because he happened in the way of opportunity, because he did the very best he could in every place he had, accepting every oppor- tunity that came to him, without a thought to personal advancement and ready always for the duty next at hand, he soon became, in spite of his distaste for war, the greatest military captain of his time, and then, in spite of inexperience in politics, one of the greatest of our Presidents. Ulysses Grant was modest, simple and dependable. He did not have a complicated mind or complicated motives. He had the training of a soldier without love for the trade. He quit the army, which he did not like, because he thought in time of peace it was a frittering away of time. He saw no glamour in gold lace or epaulets. He never quickened at the rattle of a drum. He would have been content to trudge along through life without distinction, without rank or fame. He was not deeply versed in the arts of war or statesmanship or of diplomacy. He was not gifted with imagination, but had the qualities of loyalty, determination, force and fearlessness. He was guiltless of ingratitude. He stood true to his friends. He asked advice and he was not ashamed to follow it. He sought his country's glory — not his own. He loved peace because he had experienced war, but never thought to use the cant of peace to cover feeble pur- pose or lure votes. He never hesitated in the face of war, or dawdled with an armistice before the enemy acknowledged their complete defeat. His name is still synonymous with "Unconditional Surrender." While he was President, America ranked high among the nations. Her citizens were treated with unqualified respect in every corner of the earth. His term was marked by progress and much of our prosperity had its foundation then. He was consistent in the firmness of his foreign policy. He first established arbitration in adjusting inter- national disputes. He stood unflinchingly for the Monroe Doctrine. He favored the protective tariff and urged a strong American Merchant Marine. He was the first of our chief magistrates to call attention to the peril of an ignorant foreign-born electo- rate, lacking in knowledge of our institutions. He favored the disfranchisement of all who could not read and write the English language after a fixed probation. "If they did not take interest enough in our language to acquire sufficient knowledge of it to enable them to study the institutions and laws of the country intelligently, I would not confer upon them the right to make such laws or to select those who do." It will be well if every boy in the United States shall read the story of his life. C118 3 t^OC^C THE STANDARD BEARERS OF REPUBLICANISM RUTHERFORD B. HAYES By SIMEON D. FESS Representative in Congress THE convention plan of selecting Presidential candidates was adopted back in the 30's. From that day to the Civil War, Democratic conventions were largely dominated by the leadership of Andrew Jackson, John C. Calhoun and Stephen A. Douglas. The Whig conventions were under the domination of Clay, Webster and Seward. Clay was the unhappy example of always being nominated when no Whig could be elected and always being defeated for nomination when no Democrat could be elected. Webster was refused the nomination not from lack of ability but rather availability, by too great a prominence in issues without decisive enough convictions. Seward was denied a leadership belonging to him both from ability and prominence largely because of the unexpected and rapid popularity of Mr. Lincoln in forcing to the fore the real issue before the country. From 1860 to 1876 each election presented an outstanding figure which dominated party conventions. Lincoln in 1864, Grant in 1868 and 1872. In 1876 the situation was quite different. The war had developed a host of leaders of no small calibre. Every section, if not every State, had its quota. New England presented one of the most magnetic leaders produced in a generation in Blaine. New York had Conkling; Ohio, Hayes; Indiana, Oliver P. Morton; Kentucky, Benjamin H. Bristow. These names were closely identified with national issues prominently before the country. It soon devel- oped that Blaine was the candidate most likely to control the convention. Conkling's influence would therefore be thrown to the man who could defeat the "plumed knight." It was the administration influence in the field to defeat the leading candidate. Out of 756 votes the first ballot stood: Blaine 285 from 36 States Morton 125 Bristow 113 Conkling 99 Hayes 61 On the seventh and decisive ballot the vote stood : Hayes 384 Blaine 351 Bristow 21 This was the first convention since the days of Clay where the popular idol was turned down for a man eclipsed by the overshadowing party leader. However, Hayes was the best fitted man for leadership if judged from the standard of ability and availability. His character of mind and attitude toward public questions did not meet with the approval of party leaders in the councils of the party, which fact has errone- ously led to unfavorable conclusions as to his success as a President. CH3J REPUBLICANISM OF NINETEEN-TWENTY History must decree to him a very high place as a public servant in the days of reconstruction. His nomination and election were justified in his marked fitness and in achievements before and after his election. In birth all that a notable ancestry both paternal and maternal can supply was his. In childhood training nothing was wanting to fit him for the highest career. In education both at home, college and university he was the most favored. In choice of associations he was equally highly favored. 1. Teachers — the greatest. 2. Friends and associates — the best. 3. Books — such as serve to develop great soul power. The result of this training is what would be expected where a youth of all the ad- vantages of birth, family connection, simple and frugal habits, yet abundant financial resource, high ideals and family pride in the possibility of achievement, is started on a career marked out by an aspiring and wealthy relative ambitious for family renown. His were the college days before the arrival of the intellectual prig. He thrived upon the intellectual democracy of his law professor, Judge Story, and the vigorous national- ism of his chief study, the decisions of Chief Justice Marshall. He reveled in the funda- mentals of American political ideals and never apologized for the Federal Constitution or the American institutions developed under the organic law. The aspirations for this nation begun in the Hayes home were carried out in his college days at Kenyon and later in his university days in the law school of Harvard. Colleges in that day did not deem aspirations for high ideals, both personal and pro- fessional, as inconsistent with a virile manhood. They maintained an atmosphere in which a student was stimulated to high resolutions. Young Hayes in his famous diary is witness to this university product. It found unmistakable expression in a New Year's resolution, January 1, 1845 : "I will strive to become in manners, morals and feelings a true gentleman." His conception of success was well expressed in an early entry of his diary : "I never desired other than honorable distinction. The reputation which I desire is not that momentary eminence which is gained without merit and lost without regret. . . . Let me triumph as a man or not at all." When the Civil War came it found him in the early days of a struggling lawyer, who had recently been married to Miss Lucy Webb. The Hayes brand of patriot is best expressed in his own words then uttered : "I would prefer to go into the war if I knew I was to die or be killed in the course of it, than to live through and after it without taking any part in it." This statement was corroborated by a career from Gauley River to Fisher's Hill, which saw the private in a series of promotions to Major General, after a service of four years in which there were shot from under him four horses, and in which he was wounded six times, and during which time he received the highest commendation of his superior generals, including General Grant. At South Mountain he continued to command his troops after his right arm was shattered. Of the eleven other Presidents of the United States who had served as officers only Monroe was ever wounded in action. It was later said of him that he was a man "who during the dark and stormy days of the Rebellion, when those who are invincible in peace and invisible in battle were uttering brave words to cheer their THE STANDARD BEARERS OF REPUBLICANISM neighbors on, himself, in the forefront of battle, followed his leaders and his flag until the authority of government was established from the Lakes to the Gulf, and from the River round to the Sea." His gallant leadership was no less popular at home than on the field. Having been nominated for Congress while in the thickest of the fight, his friend Smith urged him to come home to electioneer. His reply is the Hayes brand of patriotic duty : "An officer fit for duty who at this crisis would abandon his post to electioneer for a seat in Congress ought to be scalped. You may feel perfectly sure I shall do no such thing." Of course he was triumphantly elected. The War had brought to the nation problems of great seriousness, whose solution demanded the best brain, the highest type of courage and the most powerful prestige within the country. The Thirty-ninth Congress stands out in history for its ability in great statesmen. The most outstanding delegation in that body was from Ohio. To the powerful group numbering Garfield, Ashley, Bingham, Delano, Lawrence, Schenck, and Shellabarger was now to be added Hayes. He immediately took front rank in important war legislation. Before the end of the Thirty-ninth Congress he was drafted to make the contest for the governorship in Ohio, where the militant Democracy was endangering Republican success by putting forth as its standard-bearer the distin- guished national Democratic leader, Allen G. Thurman. General Hayes brought to the governorship not only a highly trained mind well grounded in political science, but an experience which at once guaranteed a high degree of success. His various messages and state papers at once marked him as a statesman of sound and fundamental principles. He was unanimously renominated and was re-elected governor over another distinguished national leader, George H. Pendleton. His second term was so signally successful that his name was persistently mentioned in connec- tion with the senatorship until he authorized the statement that he would not allow his name to be presented for the seat then occupied by Senator Sherman. He was nominated without his consent and over his protest for Congress in the Second District. He had sent dispatches to Smith, of the Gazette, and Davis, declining to accept. But in party interests he finally accepted what he declared must be a losing fight. Here he suffered his only defeat after running far ahead of his ticket. While he was defeated by 1500, his Republican colleague in the First District was defeated by more than double that figure. In this campaign he sounded the warning against the Democratic policy for an unsound currency. They had carried the elections in Ohio in 1873 on the soft-money issue, and under the leadership of the famous Bill Allen. In 1874 they again carried most of the State offices and a majority of the delegation in Congress — thirteen out of twenty. In 1875, with this handicap, Republicans turned for the third time to General Hayes, who had to his credit the defeat of two of Democracy's leaders and national figures, Allen G. Thurman and George H. Pendleton. Notwithstanding that he had persisted up to the very last moment against the candidacy, he was nominated without his consent by a vote of 396 to 151 for Judge Taft, who moved for unanimous nomination. In the campaign he defeated the popular governor, Bill Allen, by a decisive vote on the issues then before the country. In the midst of his third term, the National Convention was held in Cincinnati. Gen- eral Hayes' name and fame were eclipsed by the more popular names of Blaine, Mor- ton, Conkling, etc. His was not a magnetic career. It was only distinguished and sub- 111153 REPUBLICANISM OF NINETEEN-TWENTY stantial. The only contingency needed for the highest promotion was a deadlock be- tween the favorites in the Convention. In such a situation Hayes supplied all the quali- fications of education and training, of ability and courage, of prestige and reputation, of a splendid standard-bearer by having defeated three times as many national figures. He was the inevitable choice to lead the nation as he had led his own State. His great success was in what he did, notwithstanding his administration was not popular with Republican politicians. While he was distinctively a party man, he was not a spoilsman. His determination to inaugurate reform in the Civil Service won for him enemies in his own party, such as Conkling. His policy toward the South won for him enemies among Republican leaders, such as Rlaine. His attitude for sound money which compelled him to veto many measures won for him enemies tinctured with soft- money heresies. These cumulative disaffections among leaders in his own party com- pelled him to abide by his announced decision when first elected that he would not stand for re-election in 1880, — in sharp contrast with recent utterances of the modern opportunist. Rutherford B. Hayes was a man whose promise was law so far as his conduct could make it; in him no mental nor moral dishonesty could find place. C1163 THE STANDARD BEARERS OF REPUBLICANISM JAMES ABRAM GARFIELD By LAWRENCE Y. SHERMAN United States Senator OF twenty-three elected Presidents of the Republic three have died by an assassin's hand. It is the price of free government, and those three chosen chief magis- trates have given, it may seem, more than their part. The executive power of the American people was visualized in them to their assassins. Murder's crimson hand smote them because they were the visible form of the people's power acting in the orderly channels of established government. The three victims of assassination, by a strange dispensation of fate, all sprang from the humble walks of life. Not one was born of rank or power. Poverty waited at their cradle and obscurity was a common birthright with the unknown millions of their generation who went unheralded to their graves. Toil attended their childhood and work with their boyish hands fulfilled the law delivered to mankind from the days of Moses. In the beginning they earned their bread in the sweat of their faces and so they lived until their fellow-men trusted them with other duties and at last with the high office where murder struck them down. Their slayers assailed the people whom they typified and the law whose majesty they upheld. Garfield's life was an example of natural causes and results among American free- men under institutional government. He trod the lowly path from obscurity and pov- erty to the great office in which he died. No false pride hindered him on his way. Honest work, however humble, was never spurned. He rose from every task fitted for the one ahead. Armed rebellion animated by slavery assailed the Union. Organized resistance to law and freedom found him ready. He passed from civilian to soldier, still answering the call of duty. Courage, devotion and service marked Garfield the soldier. Responding to Lincoln's request, he entered the House of Representatives when the government needed loyalty and ability at Washington. Here he gave his country unstinted service and ranked high among the varied lines of legislative life. A senator he became from Ohio, the unanimous choice of his party, and then swiftly followed his nomination and election as President. The goal of ambition, the highest station as- signed to duty, had fallen to his lot. At the threshold of his great office morbid de- pravity ended all that was mortal of Garfield. A spotless private life and an unsullied public service are the inheritance of posterity from Garfield. C1173 ^^\. THE STANDARD BEARERS OF REPUBLICANISM CHESTER ALAN ARTHUR By BENJAMIN B. ODELL Former Governor of New York CHESTER ALAN ARTHUR, the twenty-first President of the United States, was a Republican because of his earlier environment, and his belief that a man was entitled to that which he earned by the "sweat of his face." In his chosen profession of the law he had frequent opportunities to evidence his faith by deeds that resulted in establishing the truth in the Empire State that liberty was not a mere shibboleth, but was, indeed, a fact. Arthur's Republicanism was of a Stalwart character; that is, loyalty to the prin- ciples of party and the belief that such principles could best be maintained through organization which recognized the services of those who produced results. In 1880, as a delegate to the Republican National convention, the future President followed the leadership of Roscoe Conkling, who sought a third term for General Grant. Out of this convention came the nomination of James A. Garfield as President, and, as a recognition of the defeated minority, the selection of Arthur as a candidate for Vice-President. As young men, both of the candidates had taught in the same school, a coincidence worthy of note. The assassination of President Garfield made Arthur President, an office which he assumed under the most distressing circumstances because of the rift in party lines, due to the resignation of the two New York Senators, whose re-election by the Legis- lature of the State of New York he labored with others to secure as a vindication of their action and as a rebuke to the President for ignoring organization advice. Doubts, however, were soon dispelled and Arthur demonstrated that he had fully measured his responsibilities. Through his political activities as the responsible head of the Republican organization of the State, in his services during the Civil War, he had not alone the opportunity to know men, but also to become acquainted with the methods of business, both private and public, and was therefore better equipped than most men for the great responsibilities which came to him as President. It would be idle to disclaim the fact that his faults were no more nor no less than generally fall to the lot of mankind, j r et it is also true that there remained much to be commended, and to make of his achievements something to be gratefully remem- bered by those whose faith in Republican principles remains unshaken by time and by the efforts of those who in the guise of reforms would substitute for party organization disorganization and chaos in the administration of public affairs. CH93 THE STANDARD BEARERS OF REPUBLICANISM BENJAMIN HARRISON By CHAUNCEY M. DEPEW Former United States Senator PEOPLE who are engaged in the same occupations become mentally and tempera- mentally and often physically much alike. This rule does not prevail with Presi- dents of the United States. The eminent men who have filled that office were as different in all respects as is possible. None of them was more distinguished for in- dividual and original characteristics than the twenty-third President, Benjamin Harri- son. He was the most captivating of public speakers and personally most unpopular. The latter peculiarity has prevented a just estimate of him and his administration by his contemporaries, but history will rank him very high. He was active in many spheres of public service and uniformly successful in all. He began at the bar without fortune or friends and soon became one of its leaders in his State of Indiana. He en- listed as a Second Lieutenant, early in the Civil War, in the Union Army, and by ability, courage and achievements rose to the rank of Brigadier General. He won the high regard of his associates and the attention of the country as a United States Senator. Few administrations have had to meet so many difficult conditions. A large majority of both houses of Congress were almost fanatically favorable to the unlimited coinage of silver and the corruption of the currency. President Harrison so clearly elucidated the fundamental bases of credit and prosperity in sound money and a standard rec- ognized by the great industrial and commercial nations of the world that he called a halt in this legislation and by unbending hostility defeated it. His party was so aroused by the disfranchisement of the negro in the South that they were determined by a Force Bill to either enforce the Fifteenth Amendment to the Constitution or impose the penal- ties provided by the Fourteenth. He saw that such legislation would revive and in- tensify the passions of the Civil War. The proposed law failed and the Fourteenth and Fifteenth Amendments are still dead sections of our Constitution. We are now rec- ognizing the necessity of Americanism. American citizens have often been without the protection of the flag in their persons and investments in foreign countries, but Harri- son was alert and active for their safety. When, because of revolutionary conditions, American sailors were attacked in the streets of Valparaiso and several of them killed and many wounded, he demanded with such vigor both apology and indemnities for the families of the dead and for the wounded that the full measure of his claims was speedily granted. He was a great international lawyer and brought about a settlement of the long pending and critical disputes with Great Britain in the Behring Sea which satisfied American opinion and American honor. He strengthened Federal courts by a selection of judges for merit and in disregard of partisan claims and political pres- sure. His appointments won from his successor, Grover Cleveland, who was also a firm friend of the judiciary, this praise, "I cannot see how he did it. I thought I rec- ognized the importance of the Federal courts resisting mere party pressure and giving to my appointments jealous care, but I must confess that Harrison has beaten me." The Army, and particularly the Navy, was greatly improved by him. Under his CW13 REPUBLICANISM OF NINETEEN TWENTY administration a Pan-American congress met at Washington which was the beginning of successful efforts for closer relations with South American republics, and a policy of commercial reciprocity was inaugurated. He selected an able and experienced cabinet, with the brilliant James G. Blaine as Secretary of State. He loved to meet and with an open mind discuss public questions with those most distinguished in their spe- cialties. The conclusions he arrived at were embodied in state papers of remarkable clearness and power, and though signed by the Secretary at the head of the Depart- ment, were the compositions of the President. Dr. Cadman, the eloquent Brooklyn preacher, in a recent address on orators, says, "Perfect taste in public speech was as nearly attained by President Harrison as by any publicist of the last thirty years." Though one of the most felicitous speakers of his time, he had a repellent manner. Senator Hoar, quoting a fellow Senator, said, "Harrison could address an audience of ten thousand and capture them all. But if each one was presented to him in private, he would make him his enemy." I had occasion to know that under this unfortunate mannerism, which was the result of the antagonisms, and struggles of his early career, was a warm heart, keen appreciation of services or kindness and unselfish and devoted friendship. The all around training of Harrison supplemented by tireless industry and rare intelligence gave him an unequaled equipment for the Presidency and its duties and responsibilities were never more ably met. Emu 4&JLT/1 *u