The Whig, a very respectable party, having in its ranks the majority of the men of wealth and education, fell a victim to the doctrine of availability when it nominated Harrison on account of his military reputation. He lived only one month after his inauguration, and Tyler, the Vice President, who succeeded him, reverted to his old political principles, which were Democratic, and broke with the Whigs. By an adroit and steady use of the executive power he effected the annexation of Texas, but the master spirit in this enterprise was Calhoun, his Secretary of State. Polk, his Democratic successor, coveted California and New Mexico, tried to purchase them, and not being able to do [p212] this, determined on war. In fact, he had decided to send in a war message to Congress before the news came that the Mexicans, goaded to it by the action of General Taylor, under direct orders of the President, had attacked an American force and killed sixteen of our dragoons. This gave a different complexion to his message, and enabled him to get a strong backing from Congress for his war policy. The actions of Tyler and of Polk illustrate the power inherent in the executive office. It might seem that the exercise of this authority, securing for us at small material cost the magnificent domains of Texas, California, and New Mexico, would have given these Presidents a fame somewhat like that which Jefferson won by the purchase of Louisiana. But such has not been the case. The main reason is that the extension of slavery was involved in both enterprises, and the histories of these times, which have molded historical sentiment, have been written from the antislavery point of view. It seems hardly probable that this sentiment will be changed in any time that we can forecast, but there is an undoubted tendency in the younger historical students to look upon the expansion of the country as the important consideration, and the slavery question as incidental. Professor von Holst thought this changing historical sentiment entirely natural, but he felt sure that in the end men would come round to the antislavery view, of which he was so powerful an advocate.
From Taylor to Lincoln slavery dominated all other questions. Taylor was a Southern man and a slaveholder, and by his course on the Compromise measures attracted the favor of antislavery men; while Fillmore of New York, who succeeded this second President to die in office, and who exerted the power of the Administration to secure the passage of Clay’s Compromise and signed the Fugitive [p213] Slave Law, had but a small political following at the North. Pierce and Buchanan were weak, the more positive men in their Cabinets and in the Senate swayed them. For a part of both of their terms the House of Representatives was controlled by the opposition, the Senate remaining Democratic. These circumstances are evidence both of the length of time required to change the political complexion of the Senate and of the increasing power of the North, which was dominant in the popular House. For the decade before the Civil War we should study the Senate, the House of Representatives, the Supreme Court, the action of the states, and popular sentiment. The executive is still powerful, but he is powerful because he is the representative of a party or faction which dictates the use that shall be made of his constitutional powers. The presidential office loses interest: irresolute men are in the White House, strong men everywhere else.
Lincoln is inaugurated President; the Civil War ensues, and with it an extraordinary development of the executive power. It is an interesting fact that the ruler of a republic which sprang from a resistance to the English king and Parliament should exercise more arbitrary power than any Englishman since Oliver Cromwell, and that many of his acts should be worthy of a Tudor. Lincoln was a good lawyer who reverenced the Constitution and the laws, and only through necessity assumed and exercised extra-legal powers, trying at the same time to give to these actions the color of legality. Hence his theory of the war power of the Constitution, which may be construed to permit everything necessary to carry on the war. Yet his dictatorship was different from Cæsar’s and different from the absolute authority of Napoleon. He acted under the restraints imposed by his own legal conscience and patriotic soul, whose [p214] influence was revealed in his confidential letters and talks. We know furthermore that he often took counsel of his Cabinet officers before deciding matters of moment. Certain it is that in arbitrary arrests Seward and Stanton were disposed to go further than Lincoln. The spirit of arbitrary power was in the air, and unwise and unjust acts were done by subordinates, which, although Lincoln would not have done them himself, he deemed it better to ratify than to undo. This was notably the case in the arrest of Vallandigham. Again, Congress did not always do what Lincoln wished, and certain men of his own party in Congress were strong enough to influence his actions in various ways. But, after all, he was himself a strong man exercising comprehensive authority; and it is an example of the flexibility of the Constitution that, while it surely did not authorize certain of Lincoln’s acts, it did not expressly forbid them. It was, for example, an open question whether the Constitution authorized Congress or the President to suspend the writ of habeas corpus.
It seems to be pretty well settled by the common sense of mankind that when a nation is fighting for its existence it cannot be fettered by all the legal technicalities which obtain in the time of peace. Happy the country whose dictatorship, if dictator there must be, falls into wise and honest hands! The honesty, magnanimity, and wisdom of Lincoln guided him aright, and no harm has come to the great principles of liberty from the arbitrary acts which he did or suffered to be done. On the other hand he has so impressed himself upon the Commonwealth that he has made a precedent for future rulers in a time of national peril, and what he excused and defended will be assumed as a matter of course because it will be according to the Constitution as interpreted by Abraham Lincoln. This the [p215] Supreme Court foresaw when it rendered its judgment in the Milligan case, saying: “Wicked men ambitious of power, with hatred of liberty and contempt of law, may fill the place once occupied by Washington and Lincoln, and if this right is conceded [that of a commander in a time of war to declare martial law within the lines of his military district and subject citizens as well as soldiers to the rule of his will] and the calamities of war again befall us, the dangers to human liberty are frightful to contemplate.” No one can deny that a danger here exists, but it is not so great as the solemn words of the Supreme Court might lead one to believe. For Lincoln could not have persisted in his arbitrary acts had a majority of Congress definitely opposed them, and his real strength lay in the fact that he had the people at his back. This may be said of the period from the first call of troops in April, 1861, until the summer of 1862. McClellan’s failure on the Peninsula, Pope’s disaster at the second battle of Bull Run, the defeats at Fredericksburg and Chancellorsville lost Lincoln the confidence of many; and while the emancipation proclamation of September, 1862, intensified the support of others, it nevertheless alienated some Republicans and gave to the opposition of the Democrats a new vigor. But after Gettysburg and Vicksburg in July, 1863, Lincoln had the support of the mass of the Northern people. Whatever he did the people believed was right because he had done it. The trust each placed in the other is one of the inspiring examples of free government and democracy. Lincoln did not betray their confidence: they did not falter save possibly for brief moments during the gloomy summer of 1864. The people who gave their unreserved support to Lincoln were endued with intelligence and common sense; not attracted by any personal magnetism of the man, they had, by a process of [p216] homely reasoning, attained their convictions and from these they were not to be shaken. This is the safety of a dictatorship as long as the same intelligence obtains among the voters as now; for the people will not support a ruler in the exercise of extra-legal powers unless he be honest and patriotic. The danger may come in a time of trouble from either an irresolute or an unduly obstinate executive. The irresolute man would baffle the best intentions of the voters; the obstinate man might quarrel with Congress and the people. Either event in time of war would be serious and might be disastrous. But the chances are against another Buchanan or Johnson in the presidential office.
If the Civil War showed the flexibility of the Constitution in that the executive by the general agreement of Congress and the people was able to assume unwarranted powers, the course of affairs under Johnson demonstrated the strength that Congress derived from the organic act. The story is told in a sentence by Blaine: “Two thirds of each House united and stimulated to one end can practically neutralize the executive power of the government and lay down its policy in defiance of the efforts and opposition of the President.”[4] What a contrast between the two administrations! Under Lincoln Congress, for the most part, simply registered the will of the President; under Johnson the President became a mere executive clerk of Congress. In the one case the people supported the President, in the other they sustained Congress. Nothing could better illustrate the flexibility of the Constitution than the contrast between these administrations; but it needs no argument to show that to pass from one such extreme to another is not healthy for the body politic. The violent antagonisms aroused during Johnson’s administration, when the difficult [p217] questions to be settled needed the best statesmanship of the country, and when the President and Congress should have coöperated wisely and sympathetically, did incalculable harm. Johnson, by habits, manners, mind, and character, was unfit for the presidential office, and whatever may have been the merit of his policy, a policy devised by angels could never have been carried on by such an advocate. The American people love order and decency; they have a high regard for the presidential office, and they desire to see its occupant conduct himself with dignity. Jackson and Lincoln lacked many of the external graces of a gentleman, but both had native qualities which enabled them to bear themselves with dignity on public occasions. Johnson degraded the office, and he is the only one of our Presidents of whom this can be said. Bagehot, writing in 1872, drew an illustration from one of the darkest periods of our republic to show the superiority of the English Constitution. If we have a Prime Minister who does not suit Parliament and the people, he argued, we remove him by a simple vote of the House of Commons. The United States can only get rid of its undesirable executive by a cumbrous and tedious process which can only be brought to bear during a period of revolutionary excitement; and even this failed because a legal case was not made against the President. The criticism was pregnant, but the remedy was not Cabinet responsibility. Whatever may be the merits or demerits of our polity, it has grown as has the English; it has fitted itself to the people, and cabinet government cannot be had without a complete change of the organic act, which is neither possible nor desirable. The lesson was that the national conventions should exercise more care in naming their vice-presidential candidates; and these bodies have heeded it. When Grant, popular throughout the country, [p218] nominated by the unanimous vote of the Republican convention, became President, Congress restored to the executive a large portion of the powers of which it had been shorn during Johnson’s administration. Grant had splendid opportunities which he did not improve, and he left no especial impression on the office. In the opinion of one of his warm friends and supporters he made “a pretty poor President.” An able opposition to him developed in his own party; and as he was a sensitive man he felt keenly their attacks. Colonel John Hay told me that, when on a visit to Washington during Grant’s administration, he had arrived at the Arlington Hotel at an early hour and started out for a walk; in front of the White House he was surprised to meet the President, who was out for the same purpose. The two walked together to the Capitol and back, Grant showing himself to be anything but a silent man. Manifesting a keen sensitiveness to the attacks upon him, he talked all of the time in a voluble manner, and the burden of his talk was a defense of his administrative acts. It is impossible in our minds to dissociate Grant the President from Grant the General, and for this reason American historical criticism will deal kindly with him. The brilliant victor of Donelson, the bold strategist of Vicksburg, the compeller of men at Chattanooga, the vanquisher of Robert E. Lee in March and April, 1865, the magnanimous conqueror at Appomattox, will be treated with charity by those who write about his presidential terms, because he meant well although he did not know how to do well. Moreover, the good which Grant did is of that salient kind which will not be forgotten. The victorious general, with two trusted military subordinates in the prime of life and a personnel for a strong navy, persisted, under the guidance of his wise Secretary of State, Hamilton Fish, in negotiating a treaty which provided for [p219] arbitration and preserved the peace with Great Britain; although, in the opinion of the majority, the country had a just cause of war in the escape of the Florida and the Alabama. After the panic of 1873, when financiers and capitalists lost their heads, and Congress with the approval of public sentiment passed an act increasing the amount of United States notes in circulation, Grant, by a manly and bold veto, prevented this inflation of the currency. The wisdom of the framers of the Constitution in giving the President the veto power was exemplified. Congress did not pass the act over the veto, and Grant has been justified by the later judgment of the nation. His action demonstrated what a President may do in resisting by his constitutional authority some transitory wave of popular opinion, and it has proved a precedent of no mean value. Johnson’s vetoes became ridiculous. Grant’s veto compensates for many of his mistakes.
Said Chancellor Kent in 1826: “If ever the tranquillity of this nation is to be disturbed and its liberties endangered by a struggle for power, it will be upon this very subject of the choice of a President. This is the question that is eventually to test the goodness and try the strength of the Constitution, and if we shall be able for half a century hereafter to continue to elect the chief magistrate of the Union with discretion, moderation, and integrity we shall undoubtedly stamp the highest value on our national character.” Just fifty years later came a more dangerous test than Kent could have imagined. Somewhat more than half of the country believed that the states of Florida and Louisiana should be counted for Tilden, and that he was therefore elected. On the other hand, nearly one half of the voters were of the opinion that those electoral votes should be given to Hayes, which would elect him by the majority of [p220] one electoral vote. Each of the parties had apparently a good case, and after an angry controversy became only the more firmly and sincerely convinced that its own point of view was unassailable. The Senate was Republican, the House Democratic. The great Civil War had been ended only eleven years before, and the country was full of fighting men. The Southern people were embittered against the dominant party for the reason that Reconstruction had gone otherwise than they had expected in 1865 when they laid down their arms. The country was on the verge of a civil war over the disputed Presidency—a war that might have begun with an armed encounter on the floor of the Senate or the House. This was averted by a carefully prepared congressional act, which in effect left the dispute to a board of arbitration. To the statesmen of both parties who devised this plan and who coöperated in carrying the measure through Congress; to the members of the Electoral Commission, who in the bitterest strife conducted themselves with dignity; to the Democratic Speaker of the House and the Democrats who followed his lead, the eternal gratitude of the country is due. “He that ruleth his spirit is better than he that taketh a city.” The victories of Manila and Santiago are as nothing compared with the victorious restraint of the American people in 1876 and 1877 and the acquiescence of one half of the country in what they believed to be an unrighteous decision. Hayes was inaugurated peacefully, but had to conduct his administration in the view of 4,300,000 voters who believed that, whatever might be his legal claim, he had no moral right to the place he occupied. The Democrats controlled the House of Representatives during the whole of his term, and the Senate for a part of it, and at the outset he encountered the opposition of the stalwart faction of his own party. Nevertheless [p221] he made a successful President, and under him the office gained in force and dignity. Hayes was not a man of brilliant parts or wide intelligence, but he had common sense and decision of character. Surrounding himself with a strong Cabinet, three members of which were really remarkable for their ability, he entered upon a distinct policy from which flowed good results. He withdrew the Federal troops from the states of South Carolina and Louisiana, inaugurating in these states an era of comparative peace and tranquillity. Something was done in the interest of Civil Service Reform. In opposition to the view of his Secretary of the Treasury and confidential friend, John Sherman, he vetoed the act of 1878 for the remonetization of silver by the coinage of a certain amount of silver dollars—the first of those measures which almost brought us to the monetary basis of silver. His guiding principle was embodied in a remark he made in his inaugural address, “He serves his party best who serves the country best.” He and his accomplished wife had a social and moral influence in Washington of no mean value. The Civil War had been followed by a period of corruption, profligacy, and personal immorality. In politics, if a man were sound on the main question, which meant if he were a thorough-going Republican, all else was forgiven. Under Hayes account was again taken of character and fitness. The standard of political administration was high. While Mrs. Hayes undoubtedly carried her total abstinence principles to an extreme not warranted by the usage of good society, the moral atmosphere of the White House was that of most American homes. Mr. and Mrs. Hayes belonged to that large class who are neither rich nor poor, neither learned nor ignorant, but who are led both by their native common sense and by their upbringing to have a high respect for learning, a belief in education, [p222] morality, and religion, and a lofty ideal for their own personal conduct.
The salient feature of Garfield’s few months of administration was a quarrel between him and the senators from New York State about an important appointment. Into this discussion, which ended in a tragedy, entered so many factors that it is impossible to determine exactly the influence on the power of the President and the growing power of the Senate. One important result of it shall be mentioned. The Civil Service Reform Bill, introduced into the Senate by a Democrat, was enacted during Arthur’s administration by a large and non-partisan majority. It provided for a non-partisan civil service commission, and established open competitive examinations for applicants for certain offices, making a commencement by law of the merit system, which before had depended entirely upon executive favor. It was a victory for reformers who had been advocating legislation of such a character from a period shortly after the close of the Civil War; for it was at that time that a few began the work of educating public sentiment, which had acquiesced in the rotation of offices as an American principle well worthy of maintenance. Consequences far-reaching and wholesome followed the passage of this important act. Grant had attempted and Hayes had accomplished a measure of reform, but to really fix the merit system in the civil service a law was needed.
Regarded by the lovers of good government as a machine politician, Arthur happily disappointed them by breaking loose from his old associations and pursuing a manly course. He gave the country a dignified administration; but, even had he been a man to impress his character upon the office, conditions were against him. His party was torn by internal dissensions and suffered many defeats, of which the [p223] most notable was in his own state of New York, where his Secretary of the Treasury and personal friend was overwhelmingly defeated for governor by Grover Cleveland.
The unprecedented majority which Cleveland received in this election and his excellent administration as Governor of New York secured for him the Democratic nomination for President in 1884. New York State decided the election, but the vote was so close that for some days the result was in doubt and the country was nervous lest there should be another disputed Presidency; in the end it was determined that Cleveland had carried that state by a plurality of 1149. Cleveland was the first Democratic President elected since 1856; the Democrats had been out of office for twenty-four years, and it had galled them to think that their historic party had so long been deprived of power and patronage. While many of their leaders had a good record on the question of Civil Service Reform, the rank and file believed in the Jacksonian doctrine of rewarding party workers with the offices, or, as most of them would have put it, “To the victors belong the spoils.” With this principle so fixed in the minds of his supporters, it became an interesting question how Cleveland would meet it. No one could doubt that he would enforce fairly the statute, but would he content himself with this and use the offices not covered by the act to reward his followers in the old Democratic fashion? An avowed civil service reformer, and warmly supported by independents and some former Republicans on that account, he justified the confidence which they had reposed in him and refused “to make a clean sweep.” In resisting this very powerful pressure from his party he accomplished much toward the establishment of the merit system in the civil service. It is true that he made political changes gradually, but his insistence on a rule [p224] which gained him time for reflection in making appointments was of marked importance. It would be idle to assert that in his two terms he lived wholly up to the ideal of the reformers; undoubtedly a long list of backslidings might be made up, but in striking a fair balance it is not too much to say that in this respect his administration made for righteousness. All the more credit is due him in that he not only resisted personal pressure, but, aspiring to be a party leader for the carrying out of a cherished policy on finance and the tariff, he made more difficult the accomplishment of these ends by refusing to be a mere partisan in the question of the offices. In his second term it is alleged, probably with truth, that he made a skillful use of his patronage to secure the passage by the Senate of the repeal of the Silver Act of 1890, which repeal had gone easily through the House. It seemed to him and to many financiers that unless this large purchase of silver bullion should be stopped the country would be forced on to a silver basis, the existing financial panic would be grievously intensified, and the road back to the sound money basis of the rest of the civilized world would be long and arduous. His course is defended as doing a little wrong in order to bring about a great right; and the sequence of events has justified that defense. Harm was done to the cause of Civil Service Reform, but probably no permanent injury. The repeal of the Silver Act of 1890 was the first important step in the direction of insuring a permanent gold standard, and Grover Cleveland is the hero of it.
The presidential office gained in strength during Cleveland’s two terms. As we look back upon them, the President is the central figure round which revolves each policy and its success or failure. At the same time, it is his party more than he that is to be blamed for the failures. He [p225] made a distinct move toward a reduction of the tariff, and while this failed, leaving us with the reactionary result of higher duties than ever before, it is not impossible that the words, actions, and sacrifices of Cleveland will be the foundation of a new tariff-reform party. Allusion has been made to his soundness on finance. His course in this respect was unvarying. Capitalists and financiers can take care of themselves, no matter what are the changes in the currency; but men and women of fixed incomes, professors of colleges, teachers in schools, clergymen and ministers, accountants and clerks in receipt of salaries, and farmers and laborers have had their comfort increased and their anxieties lessened by the adoption of the gold standard; and to Cleveland, as one of the pioneers in this movement for stability, their thanks are due.