The American public rarely appreciate the high quality of the work done by some of our diplomats--work, usually entirely unnoticed and unrewarded, which redounds to the interest and the honor of all of us. The most useful man in the entire diplomatic service, during my presidency, and for many years before, was Henry White; and I say this having in mind the high quality of work done by such admirable amba.s.sadors and ministers as Bacon, Meyer, Straus, O'Brien, Rockhill, and Egan, to name only a few among many. When I left the presidency White was Amba.s.sador to France; shortly afterwards he was removed by Mr.

Taft, for reasons unconnected with the good of the service.

The most important factor in getting the right spirit in my Administration, next to the insistence upon courage, honesty, and a genuine democracy of desire to serve the plain people, was my insistence upon the theory that the executive power was limited only by specific restrictions and prohibitions appearing in the Const.i.tution or imposed by the Congress under its Const.i.tutional powers. My view was that every executive officer, and above all every executive officer in high position, was a steward of the people bound actively and affirmatively to do all he could for the people, and not to content himself with the negative merit of keeping his talents undamaged in a napkin. I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Const.i.tution or by the laws. Under this interpretation of executive power I did and caused to be done many things not previously done by the President and the heads of the departments. I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct const.i.tutional or legislative prohibition. I did not care a rap for the mere form and show of power; I cared immensely for the use that could be made of the substance. The Senate at one time objected to my communicating with them in printing, preferring the expensive, foolish, and laborious practice of writing out the messages by hand. It was not possible to return to the outworn archaism of hand writing; but we endeavored to have the printing made as pretty as possible. Whether I communicated with the Congress in writing or by word of mouth, and whether the writing was by a machine, or a pen, were equally, and absolutely, unimportant matters.

The importance lay in what I said and in the heed paid to what I said.

So as to my meeting and consulting Senators, Congressmen, politicians, financiers, and labor men. I consulted all who wished to see me; and if I wished to see any one, I sent for him; and where the consultation took place was a matter of supreme unimportance. I consulted every man with the sincere hope that I could profit by and follow his advice; I consulted every member of Congress who wished to be consulted, hoping to be able to come to an agreement of action with him; and I always finally acted as my conscience and common sense bade me act.

About appointments I was obliged by the Const.i.tution to consult the Senate; and the long-established custom of the Senate meant that in practice this consultation was with individual Senators and even with big politicians who stood behind the Senators. I was only one-half the appointing power; I nominated; but the Senate confirmed. In practice, by what was called "the courtesy of the Senate," the Senate normally refused to confirm any appointment if the Senator from the State objected to it. In exceptional cases, where I could arouse public attention, I could force through the appointment in spite of the opposition of the Senators; in all ordinary cases this was impossible.

On the other hand, the Senator could of course do nothing for any man unless I chose to nominate him. In consequence the Const.i.tution itself forced the President and the Senators from each State to come to a working agreement on the appointments in and from that State.

My course was to insist on absolute fitness, including honesty, as a prerequisite to every appointment; and to remove only for good cause, and, where there was such cause, to refuse even to discuss with the Senator in interest the unfit servant's retention. Subject to these considerations, I normally accepted each Senator's recommendations for offices of a routine kind, such as most post-offices and the like, but insisted on myself choosing the men for the more important positions.

I was willing to take any good man for postmaster; but in the case of a Judge or District Attorney or Ca.n.a.l Commissioner or Amba.s.sador, I was apt to insist either on a given man or else on any man with a given cla.s.s of qualifications. If the Senator deceived me, I took care that he had no opportunity to repeat the deception.

I can perhaps best ill.u.s.trate my theory of action by two specific examples. In New York Governor Odell and Senator Platt sometimes worked in agreement and sometimes were at swords' points, and both wished to be consulted. To a friendly Congressman, who was also their friend, I wrote as follows on July 22, 1903:

"I want to work with Platt. I want to work with Odell. I want to support both and take the advice of both. But of course ultimately I must be the judge as to acting on the advice given. When, as in the case of the judgeship, I am convinced that the advice of both is wrong, I shall act as I did when I appointed Holt. When I can find a friend of Odell's like Cooley, who is thoroughly fit for the position I desire to fill, it gives me the greatest pleasure to appoint him. When Platt proposes to me a man like Hamilton Fish, it is equally a pleasure to appoint him."

This was written in connection with events which led up to my refusing to accept Senator Platt's or Governor Odell's suggestions as to a Federal Judgeship and a Federal District Attorneyship, and insisting on the appointment, first of Judge Hough and later of District Attorney Stimson; because in each case I felt that the work to be done was of so high an order that I could not take an ordinary man.

The other case was that of Senator Fulton, of Oregon. Through Francis Heney I was prosecuting men who were implicated in a vast network of conspiracy against the law in connection with the theft of public land in Oregon. I had been acting on Senator Fulton's recommendations for office, in the usual manner. Heney had been insisting that Fulton was in league with the men we were prosecuting, and that he had recommended unfit men. Fulton had been protesting against my following Heney's advice, particularly as regards appointing Judge Wolverton as United States Judge. Finally Heney laid before me a report which convinced me of the truth of his statements. I then wrote to Fulton as follows, on November 20, 1905: "My dear Senator Fulton: I inclose you herewith a copy of the report made to me by Mr. Heney. I have seen the originals of the letters from you and Senator Mitch.e.l.l quoted therein. I do not at this time desire to discuss the report itself, which of course I must submit to the Attorney-General. But I have been obliged to reach the painful conclusion that your own letters as therein quoted tend to show that you recommended for the position of District Attorney B when you had good reason to believe that he had himself been guilty of fraudulent conduct; that you recommended C for the same position simply because it was for B's interest that he should be so recommended, and, as there is reason to believe, because he had agreed to divide the fees with B if he were appointed; and that you finally recommended the reappointment of H with the knowledge that if H were appointed he would abstain from prosecuting B for criminal misconduct, this being why B advocated H's claims for reappointment. If you care to make any statement in the matter, I shall of course be glad to hear it. As the District Judge of Oregon I shall appoint Judge Wolverton." In the letter I of course gave in full the names indicated above by initials. Senator Fulton gave no explanation. I therefore ceased to consult him about appointments under the Department of Justice and the Interior, the two departments in which the crookedness had occurred--there was no question of crookedness in the other offices in the State, and they could be handled in the ordinary manner. Legal proceedings were undertaken against his colleague in the Senate, and one of his colleagues in the lower house, and the former was convicted and sentenced to the penitentiary.

In a number of instances the legality of executive acts of my Administration was brought before the courts. They were uniformly sustained. For example, prior to 1907 statutes relating to the disposition of coal lands had been construed as fixing the flat price at $10 to $20 per acre. The result was that valuable coal lands were sold for wholly inadequate prices, chiefly to big corporations. By executive order the coal lands were withdrawn and not opened for entry until proper cla.s.sification was placed thereon by Government agents. There was a great clamor that I was usurping legislative power; but the acts were not a.s.sailed in court until we brought suits to set aside entries made by persons and a.s.sociations to obtain larger areas than the statutes authorized. This position was opposed on the ground that the restrictions imposed were illegal; that the executive orders were illegal. The Supreme Court sustained the Government. In the same way our att.i.tude in the water power question was sustained, the Supreme Court holding that the Federal Government had the rights we claimed over streams that are or may be declared navigable by Congress. Again, when Oklahoma became a State we were obliged to use the executive power to protect Indian rights and property, for there had been an enormous amount of fraud in the obtaining of Indian lands by white men. Here we were denounced as usurping power over a State as well as usurping power that did not belong to the executive. The Supreme Court sustained our action.

In connection with the Indians, by the way, it was again and again necessary to a.s.sert the position of the President as steward of the whole people. I had a capital Indian Commissioner, Francis E. Leupp. I found that I could rely on his judgment not to get me into fights that were unnecessary, and therefore I always backed him to the limit when he told me that a fight was necessary. On one occasion, for example, Congress pa.s.sed a bill to sell to settlers about half a million acres of Indian land in Oklahoma at one and a half dollars an acre. I refused to sign it, and turned the matter over to Leupp. The bill was accordingly withdrawn, amended so as to safeguard the welfare of the Indians, and the minimum price raised to five dollars an acre. Then I signed the bill. We sold that land under sealed bids, and realized for the Kiowa, Comanche, and Apache Indians more than four million dollars--three millions and a quarter more than they would have obtained if I had signed the bill in its original form. In another case, where there had been a division among the Sac and Fox Indians, part of the tribe removing to Iowa, the Iowa delegation in Congress, backed by two Iowans who were members of my Cabinet, pa.s.sed a bill awarding a sum of nearly a half million dollars to the Iowa seceders. They had not consulted the Indian Bureau. Leupp protested against the bill, and I vetoed it. A subsequent bill was pa.s.sed on the lines laid down by the Indian Bureau, referring the whole controversy to the courts, and the Supreme Court in the end justified our position by deciding against the Iowa seceders and awarding the money to the Oklahoma stay-at-homes.

As to all action of this kind there have long been two schools of political thought, upheld with equal sincerity. The division has not normally been along political, but temperamental, lines. The course I followed, of regarding the executive as subject only to the people, and, under the Const.i.tution, bound to serve the people affirmatively in cases where the Const.i.tution does not explicitly forbid him to render the service, was substantially the course followed by both Andrew Jackson and Abraham Lincoln. Other honorable and well-meaning Presidents, such as James Buchanan, took the opposite and, as it seems to me, narrowly legalistic view that the President is the servant of Congress rather than of the people, and can do nothing, no matter how necessary it be to act, unless the Const.i.tution explicitly commands the action. Most able lawyers who are past middle age take this view, and so do large numbers of well-meaning, respectable citizens. My successor in office took this, the Buchanan, view of the President's powers and duties.

For example, under my Administration we found that one of the favorite methods adopted by the men desirous of stealing the public domain was to carry the decision of the Secretary of the Interior into court. By vigorously opposing such action, and only by so doing, we were able to carry out the policy of properly protecting the public domain. My successor not only took the opposite view, but recommended to Congress the pa.s.sage of a bill which would have given the courts direct appellate power over the Secretary of the Interior in these land matters. This bill was reported favorably by Mr. Mondell, Chairman of the House Committee on public lands, a Congressman who took the lead in every measure to prevent the conservation of our natural resources and the preservation of the National domain for the use of home-seekers.

Fortunately, Congress declined to pa.s.s the bill. Its pa.s.sage would have been a veritable calamity.

I acted on the theory that the President could at any time in his discretion withdraw from entry any of the public lands of the United States and reserve the same for forestry, for water-power sites, for irrigation, and other public purposes. Without such action it would have been impossible to stop the activity of the land thieves. No one ventured to test its legality by lawsuit. My successor, however, himself questioned it, and referred the matter to Congress. Again Congress showed its wisdom by pa.s.sing a law which gave the President the power which he had long exercised, and of which my successor had shorn himself.

Perhaps the sharp difference between what may be called the Lincoln-Jackson and the Buchanan-Taft schools, in their views of the power and duties of the President, may be best ill.u.s.trated by comparing the att.i.tude of my successor toward his Secretary of the Interior, Mr.

Ballinger, when the latter was accused of gross misconduct in office, with my att.i.tude towards my chiefs of department and other subordinate officers. More than once while I was President my officials were attacked by Congress, generally because these officials did their duty well and fearlessly. In every such case I stood by the official and refused to recognize the right of Congress to interfere with me excepting by impeachment or in other Const.i.tutional manner. On the other hand, wherever I found the officer unfit for his position I promptly removed him, even although the most influential men in Congress fought for his retention. The Jackson-Lincoln view is that a President who is fit to do good work should be able to form his own judgment as to his own subordinates, and, above all, of the subordinates standing highest and in closest and most intimate touch with him. My secretaries and their subordinates were responsible to me, and I accepted the responsibility for all their deeds. As long as they were satisfactory to me I stood by them against every critic or a.s.sailant, within or without Congress; and as for getting Congress to make up my mind for me about them, the thought would have been inconceivable to me. My successor took the opposite, or Buchanan, view when he permitted and requested Congress to pa.s.s judgment on the charges made against Mr. Ballinger as an executive officer. These charges were made to the President; the President had the facts before him and could get at them at any time, and he alone had power to act if the charges were true. However, he permitted and requested Congress to investigate Mr. Ballinger. The party minority of the committee that investigated him, and one member of the majority, declared that the charges were well founded and that Mr.

Ballinger should be removed. The other members of the majority declared the charges ill founded. The President abode by the view of the majority. Of course believers in the Jackson-Lincoln theory of the Presidency would not be content with this town meeting majority and minority method of determining by another branch of the Government what it seems the especial duty of the President himself to determine for himself in dealing with his own subordinate in his own department.

There are many worthy people who reprobate the Buchanan method as a matter of history, but who in actual life reprobate still more strongly the Jackson-Lincoln method when it is put into practice. These persons conscientiously believe that the President should solve every doubt in favor of inaction as against action, that he should construe strictly and narrowly the Const.i.tutional grant of powers both to the National Government, and to the President within the National Government. In addition, however, to the men who conscientiously believe in this course from high, although as I hold misguided, motives, there are many men who affect to believe in it merely because it enables them to attack and to try to hamper, for partisan or personal reasons, an executive whom they dislike. There are other men in whom, especially when they are themselves in office, practical adherence to the Buchanan principle represents not well-thought-out devotion to an unwise course, but simple weakness of character and desire to avoid trouble and responsibility.

Unfortunately, in practice it makes little difference which cla.s.s of ideas actuates the President, who by his action sets a cramping precedent. Whether he is highminded and wrongheaded or merely infirm of purpose, whether he means well feebly or is bound by a mischievous misconception of the powers and duties of the National Government and of the President, the effect of his actions is the same. The President's duty is to act so that he himself and his subordinates shall be able to do efficient work for the people, and this efficient work he and they cannot do if Congress is permitted to undertake the task of making up his mind for him as to how he shall perform what is clearly his sole duty.

One of the ways in which by independent action of the executive we were able to accomplish an immense amount of work for the public was through volunteer unpaid commissions appointed by the President. It was possible to get the work done by these volunteer commissions only because of the enthusiasm for the public service which, starting in the higher offices at Washington, made itself felt throughout the Government departments--as I have said, I never knew harder and more disinterested work done by any people than was done by the men and women of all ranks in the Government service. The contrast was really extraordinary between their live interest in their work and the traditional clerical apathy which has so often been the distinguishing note of governmental work in Washington. Most of the public service performed by these volunteer commissions, carried on without a cent of pay to the men themselves, and wholly without cost to the Government, was done by men the great majority of whom were already in the Government service and already charged with responsibilities amounting each to a full man's job.

The first of these Commissions was the Commission on the Organization of Government Scientific Work, whose Chairman was Charles D. Walcott.

Appointed March 13, 1903, its duty was to report directly to the President "upon the organization, present condition, and needs of the Executive Government work wholly or partly scientific in character, and upon the steps which should be taken, if any, to prevent the duplication of such work, to co-ordinate its various branches, to increase its efficiency and economy, and to promote its usefulness to the Nation at large." This Commission spent four months in an examination which covered the work of about thirty of the larger scientific and executive bureaus of the Government, and prepared a report which furnished the basis for numerous improvements in the Government service.

Another Commission, appointed June 2, 1905, was that on Department Methods--Charles H. Keep, Chairman--whose task was to "find out what changes are needed to place the conduct of the executive business of the Government in all its branches on the most economical and effective basis in the light of the best modern business practice." The letter appointing this Commission laid down nine principles of effective Governmental work, the most striking of which was: "The existence of any method, standard, custom, or practice is no reason for its continuance when a better is offered." This Commission, composed like that just described, of men already charged with important work, performed its functions wholly without cost to the Government. It was a.s.sisted by a body of about seventy experts in the Government departments chosen for their special qualifications to carry forward a study of the best methods in business, and organized into a.s.sistant committees under the leadership of Overton W. Price, Secretary of the Commission. These a.s.sistant committees, all of whose members were still carrying on their regular work, made their reports during the last half of 1906. The Committee informed itself fully regarding the business methods of practically every individual branch of the business of the Government, and effected a marked improvement in general efficiency throughout the service. The conduct of the routine business of the Government had never been thoroughly overhauled before, and this examination of it resulted in the promulgation of a set of working principles for the transaction of public business which are as sound to-day as they were when the Committee finished its work. The somewhat elaborate and costly investigations of Government business methods since made have served merely to confirm the findings of the Committee on Departmental Methods, which were achieved without costing the Government a dollar. The actual saving in the conduct of the business of the Government through the better methods thus introduced amounted yearly to many hundreds of thousands of dollars; but a far more important gain was due to the remarkable success of the Commission in establishing a new point of view in public servants toward their work.

The need for improvement in the Governmental methods of transacting business may be ill.u.s.trated by an actual case. An officer in charge of an Indian agency made a requisition in the autumn for a stove costing seven dollars, certifying at the same time that it was needed to keep the infirmary warm during the winter, because the old stove was worn out. Thereupon the customary papers went through the customary routine, without unusual delay at any point. The transaction moved like a glacier with dignity to its appointed end, and the stove reached the infirmary in good order in time for the Indian agent to acknowledge its arrival in these words: "The stove is here. So is spring."

The Civil Service Commission, under men like John McIlhenny and Garfield, rendered service without which the Government could have been conducted with neither efficiency nor honesty. The politicians were not the only persons at fault; almost as much improper pressure for appointments is due to mere misplaced sympathy, and to the spiritless inefficiency which seeks a Government office as a haven for the incompetent. An amusing feature of office seeking is that each man desiring an office is apt to look down on all others with the same object as forming an objectionable cla.s.s with which _he_ has nothing in common. At the time of the eruption of Mt. Pelee, when among others the American Consul was killed, a man who had long been seeking an appointment promptly applied for the vacancy. He was a good man, of persistent nature, who felt I had been somewhat blind to his merits. The morning after the catastrophe he wrote, saying that as the consul was dead he would like his place, and that I could surely give it to him, because "even the office seekers could not have applied for it yet!"

The method of public service involved in the appointment and the work of the two commissions just described was applied also in the establishment of four other commissions, each of which performed its task without salary or expense for its members, and wholly without cost to the Government. The other four commissions were:

Commission on Public Lands;

Commission on Inland Waterways;

Commission on Country Life; and

Commission on National Conservation.

All of these commissions were suggested to me by Gifford Pinchot, who served upon them all. The work of the last four will be touched upon in connection with the chapter on Conservation. These commissions by their reports and findings directly interfered with many place-holders who were doing inefficient work, and their reports and the action taken thereon by the Administration strengthened the hands of those administrative officers who in the various departments, and especially in the Secret Service, were proceeding against land thieves and other corrupt wrong-doers. Moreover, the mere fact that they did efficient work for the public along lines new to veteran and cynical politicians of the old type created vehement hostility to them. Senators like Mr.

Hale and Congressmen like Mr. Tawney were especially bitter against these commissions; and towards the end of my term they were followed by the majority of their fellows in both houses, who had gradually been sundered from me by the open or covert hostility of the financial or Wall Street leaders, and of the newspaper editors and politicians who did their bidding in the interest of privilege. These Senators and Congressmen a.s.serted that they had a right to forbid the President profiting by the unpaid advice of disinterested experts. Of course I declined to admit the existence of any such right, and continued the Commissions. My successor acknowledged the right, upheld the view of the politicians in question, and abandoned the commissions, to the lasting detriment of the people as a whole.

One thing is worth pointing out: During the seven and a half years of my Administration we greatly and usefully extended the sphere of Governmental action, and yet we reduced the burden of the taxpayers; for we reduced the interest-bearing debt by more than $90,000,000. To achieve a marked increase in efficiency and at the same time an increase in economy is not an easy feat; but we performed it.

There was one ugly and very necessary task. This was to discover and root out corruption wherever it was found in any of the departments. The first essential was to make it clearly understood that no political or business or social influence of any kind would for one moment be even considered when the honesty of a public official was at issue. It took a little time to get this fact thoroughly drilled into the heads both of the men within the service and of the political leaders without. The feat was accomplished so thoroughly that every effort to interfere in any shape or way with the course of justice was abandoned definitely and for good. Most, although not all, of the frauds occurred in connection with the Post-Office Department and the Land Office.

It was in the Post-Office Department that we first definitely established the rule of conduct which became universal throughout the whole service. Rumors of corruption in the department became rife, and finally I spoke of them to the then First a.s.sistant Postmaster-General, afterwards Postmaster-General, Robert J. Wynne. He reported to me, after some investigation, that in his belief there was doubtless corruption, but that it was very difficult to get at it, and that the offenders were confident and defiant because of their great political and business backing and the ramifications of their crimes. Talking the matter over with him, I came to the conclusion that the right man to carry on the investigation was the then Fourth a.s.sistant Postmaster-General, now a Senator from Kansas, Joseph L. Bristow, who possessed the iron fearlessness needful to front such a situation. Mr. Bristow had perforce seen a good deal of the seamy side of politics, and of the extent of the unscrupulousness with which powerful influence was brought to bear to shield offenders. Before undertaking the investigation he came to see me, and said that he did not wish to go into it unless he could be a.s.sured that I would stand personally behind him, and, no matter where his inquiries led him, would support him and prevent interference with him. I answered that I would certainly do so. He went into the investigation with relentless energy, dogged courage, and keen intelligence. His success was complete, and the extent of his services to the Nation are not easily to be exaggerated. He unearthed a really appalling amount of corruption, and he did his work with such absolute thoroughness that the corruption was completely eradicated.

We had, of course, the experience usual in all such investigations. At first there was popular incredulity and disbelief that there was much behind the charges, or that much could be unearthed. Then when the corruption was shown there followed a yell of anger from all directions, and a period during which any man accused was forthwith held guilty by the public; and violent demands were made by the newspapers for the prosecution not only of the men who could be prosecuted with a fair chance of securing conviction and imprisonment, but of other men whose misconduct had been such as to warrant my removing them from office, but against whom it was not possible to get the kind of evidence which would render likely conviction in a criminal case. Suits were brought against all the officials whom we thought we could convict; and the public complained bitterly that we did not bring further suits. We secured several convictions, including convictions of the most notable offenders. The trials consumed a good deal of time. Public attention was attracted to something else. Indifference succeeded to excitement, and in some subtle way the juries seemed to respond to the indifference. One of the worst offenders was acquitted by a jury; whereupon not a few of the same men who had insisted that the Government was derelict in not criminally prosecuting every man whose misconduct was established so as to make it necessary to turn him out of office, now turned round and, inasmuch as the jury had not found this man guilty of crime, demanded that he should be reinstated in office! It is needless to say that the demand was not granted. There were two or three other acquittals, of prominent outsiders. Nevertheless the net result was that the majority of the worst offenders were sent to prison, and the remainder dismissed from the Government service, if they were public officials, and if they were not public officials at least so advertised as to render it impossible that they should ever again have dealings with the Government. The department was absolutely cleaned and became one of the very best in the Government. Several Senators came to me--Mr. Garfield was present on the occasion--and said that they were glad I was putting a stop to corruption, but they hoped I would avoid all scandal; that if I would make an example of some one man and then let the others quietly resign, it would avoid a disturbance which might hurt the party. They were advising me in good faith, and I was as courteous as possible in my answer, but explained that I would have to act with the utmost rigor against the offenders, no matter what the effect on the party, and, moreover, that I did not believe it would hurt the party. It did not hurt the party. It helped the party. A favorite war-cry in American political life has always been, "Turn the rascals out." We made it evident that, as far as we were concerned, this war-cry was pointless; for we turned our own rascals out.

There were important and successful land fraud prosecutions in several Western States. Probably the most important were the cases prosecuted in Oregon by Francis J. Heney, with the a.s.sistance of William J. Burns, a secret service agent who at that time began his career as a great detective. It would be impossible to overstate the services rendered to the cause of decency and honesty by Messrs. Heney and Burns. Mr. Heney was my close and intimate adviser professionally and non-professionally, not only as regards putting a stop to frauds in the public lands, but in many other matters of vital interest to the Republic. No man in the country has waged the battle for National honesty with greater courage and success, with more whole-hearted devotion to the public good; and no man has been more traduced and maligned by the wrong-doing agents and representatives of the great sinister forces of evil. He secured the conviction of various men of high political and financial standing in connection with the Oregon prosecutions; he and Burns behaved with scrupulous fairness and propriety; but their services to the public caused them to incur the bitter hatred of those who had wronged the public, and after I left office the National Administration turned against them. One of the most conspicuous of the men whom they had succeeded in convicting was pardoned by President Taft--in spite of the fact that the presiding Judge, Judge Hunt, had held that the evidence amply warranted the conviction, and had sentenced the man to imprisonment. As was natural, the one hundred and forty-six land-fraud defendants in Oregon, who included the foremost machine political leaders in the State, furnished the backbone of the opposition to me in the Presidential contest of 1912. The opposition rallied behind Messrs.

Taft and LaFollette; and although I carried the primaries handsomely, half of the delegates elected from Oregon under instructions to vote for me, sided with my opponents in the National Convention--and as regards some of them I became convinced that the mainspring of their motive lay in the intrigue for securing the pardon of certain of the men whose conviction Heney had secured.

Land fraud and post-office cases were not the only ones. We were especially zealous in prosecuting all of the "higher up" offenders in the realms of politics and finance who swindled on a large scale.

Special a.s.sistants of the Attorney-General, such as Mr. Frank Kellogg, of St. Paul, and various first-cla.s.s Federal district attorneys in different parts of the country secured notable results: Mr. Stimson and his a.s.sistants, Messrs. Wise, Denison, and Frankfurter, in New York, for instance, in connection with the prosecution of the Sugar Trust and of the banker Morse, and of a great metropolitan newspaper for opening its columns to obscene and immoral advertis.e.m.e.nts; and in St. Louis Messrs.

Dyer and Nortoni, who, among other services, secured the conviction and imprisonment of Senator Burton, of Kansas; and in Chicago Mr. Sims, who raised his office to the highest pitch of efficiency, secured the conviction of the banker Walsh and of the Beef Trust, and first broke through the armor of the Standard Oil Trust. It is not too much to say that these men, and others like them, worked a complete revolution in the enforcement of the Federal laws, and made their offices organized legal machines fit and ready to conduct smashing fights for the people's rights and to enforce the laws in aggressive fashion. When I took the Presidency, it was a common and bitter saying that a big man, a rich man, could not be put in jail. We put many big and rich men in jail; two United States Senators, for instance, and among others two great bankers, one in New York and one in Chicago. One of the United States Senators died, the other served his term. (One of the bankers was released from prison by executive order after I left office.) These were merely individual cases among many others like them. Moreover, we were just as relentless in dealing with crimes of violence among the disorderly and brutal cla.s.ses as in dealing with the crimes of cunning and fraud of which certain wealthy men and big politicians were guilty.

Mr. Sims in Chicago was particularly efficient in sending to the penitentiary numbers of the infamous men who batten on the "white slave" traffic, after July, 1908, when by proclamation I announced the adherence of our Government to the international agreement for the suppression of the traffic.

The views I then held and now hold were expressed in a memorandum made in the case of a Negro convicted of the rape of a young Negro girl, practically a child. A pet.i.tion for his pardon had been sent me.

WHITE HOUSE, WASHINGTON, D. C., August 8, 1904.

The application for the commutation of sentence of John W. Burley is denied. This man committed the most hideous crime known to our laws, and twice before he has committed crimes of a similar, though less horrible, character. In my judgment there is no justification whatever for paying heed to the allegations that he is not of sound mind, allegations made after the trial and conviction. n.o.body would pretend that there has ever been any such degree of mental unsoundness shown as would make people even consider sending him to an asylum if he had not committed this crime. Under such circ.u.mstances he should certainly be esteemed sane enough to suffer the penalty for his monstrous deed. I have scant sympathy with the plea of insanity advanced to save a man from the consequences of crime, when unless that crime had been committed it would have been impossible to persuade any responsible authority to commit him to an asylum as insane. Among the most dangerous criminals, and especially among those p.r.o.ne to commit this particular kind of offense, there are plenty of a temper so fiendish or so brutal as to be incompatible with any other than a brutish order of intelligence; but these men are nevertheless responsible for their acts; and nothing more tends to encourage crime among such men than the belief that through the plea of insanity or any other method it is possible for them to escape paying the just penalty of their crimes. The crime in question is one to the existence of which we largely owe the existence of that spirit of lawlessness which takes form in lynching. It is a crime so revolting that the criminal is not ent.i.tled to one particle of sympathy from any human being. It is essential that the punishment for it should be not only as certain but as swift as possible. The jury in this case did their duty by recommending the infliction of the death penalty. It is to be regretted that we do not have special provision for more summary dealing with this type of case. The more we do what in us lies to secure certain and swift justice in dealing with these cases, the more effectively do we work against the growth of that lynching spirit which is so full of evil omen for this people, because it seeks to avenge one infamous crime by the commission of another of equal infamy.

The application is denied and the sentence will be carried into effect.

(Signed) THEODORE ROOSEVELT.

One of the most curious incidents of lawlessness with which I had to deal affected an entire State. The State of Nevada in the year 1907 was gradually drifting into utter governmental impotence and downright anarchy. The people were at heart all right; but the forces of evil had been permitted to get the upper hand, and for the time being the decent citizens had become helpless to a.s.sert themselves either by controlling the greedy corporations on the one hand or repressing the murderous violence of certain lawless labor organizations on the other hand. The Governor of the State was a Democrat and a Southern man, and in the abstract a strong believer in the doctrine of State's Rights. But his experience finally convinced him that he could obtain order only through the intervention of the National Government; and then he went over too far and wished to have the National Government do his police work for him. In the Rocky Mountain States there had existed for years what was practically a condition of almost constant war between the wealthy mine-owners and the Western Federation of Miners, at whose head stood Messrs. Haywood, Pettibone, and Moyer, who were about that time indicted for the murder of the Governor of Idaho. Much that was lawless, much that was indefensible, had been done by both sides. The Legislature of Nevada was in sympathy with, or at least was afraid of not expressing sympathy for, Messrs. Moyer, Haywood, Pettibone, and their a.s.sociates.

The State was practically without any police, and the Governor had recommended the establishment of a State Constabulary, along the lines of the Texas Rangers; but the Legislature rejected his request. The Governor reported to me the conditions as follows. During 1907 the Goldfield mining district became divided into two hostile camps. Half of the Western Federation of Miners were constantly armed, and arms and ammunition were purchased and kept by the union as a body, while the mine-owners on their side retained large numbers of watchmen and guards who were also armed and always on duty. In addition to these opposing forces there was, as the Governor reported, an unusually large number of the violent and criminal element, always attracted to a new and booming mining camp. Under such conditions the civil authorities were practically powerless, and the Governor, being helpless to avert civil war, called on me to keep order. I accordingly threw in a body of regular troops under General Funston. These kept order completely, and the Governor became so well satisfied that he thought he would like to have them there permanently! This seemed to me unhealthy, and on December 28, 1907, I notified him that while I would do my duty, the first need was that the State authorities should do theirs, and that the first step towards this was the a.s.sembling of the Legislature.

I concluded my telegram: "If within five days from receipt of this telegram you shall have issued the necessary notice to convene the Legislature of Nevada, I shall continue the troops during a period of three weeks. If when the term of five days has elapsed the notice has not been issued, the troops will be immediately returned to their former stations." I had already investigated the situation through a committee, composed of the Chief of the Bureau of Corporations, Mr. H. K. Smith, the Chief of the Bureau of Labor, Mr. C. P. Neill, and the Comptroller of the Treasury, Mr. Lawrence Murray. These men I could thoroughly trust, and their report, which was not over-favorable to either side, had convinced me that the only permanent way to get good results was to insist on the people of the State themselves grappling with and solving their own troubles. The Governor summoned the Legislature, it met, and the constabulary bill was pa.s.sed. The troops remained in Nevada until time had been given for the State authorities to organize their force so that violence could at once be checked. Then they were withdrawn.

Nor was it only as regards their own internal affairs that I sometimes had to get into active communication with the State authorities. There has always been a strong feeling in California against the immigration of Asiatic laborers, whether these are wage-workers or men who occupy and till the soil. I believe this to be fundamentally a sound and proper att.i.tude, an att.i.tude which must be insisted upon, and yet which can be insisted upon in such a manner and with such courtesy and such sense of mutual fairness and reciprocal obligation and respect as not to give any just cause of offense to Asiatic peoples. In the present state of the world's progress it is highly inadvisable that peoples in wholly different stages of civilization, or of wholly different types of civilization even although both equally high, shall be thrown into intimate contact. This is especially undesirable when there is a difference of both race and standard of living. In California the question became acute in connection with the admission of the j.a.panese.

I then had and now have a hearty admiration for the j.a.panese people.

I believe in them; I respect their great qualities; I wish that our American people had many of these qualities. j.a.panese and American students, travelers, scientific and literary men, merchants engaged in international trade, and the like can meet on terms of entire equality and should be given the freest access each to the country of the other.

But the j.a.panese themselves would not tolerate the intrusion into their country of a ma.s.s of Americans who would displace j.a.panese in the business of the land. I think they are entirely right in this position.

I would be the first to admit that j.a.pan has the absolute right to declare on what terms foreigners shall be admitted to work in her country, or to own land in her country, or to become citizens of her country. America has and must insist upon the same right. The people of California were right in insisting that the j.a.panese should not come thither in ma.s.s, that there should be no influx of laborers, of agricultural workers, or small tradesmen--in short, no ma.s.s settlement or immigration.

Unfortunately, during the latter part of my term as President certain unwise and demagogic agitators in California, to show their disapproval of the j.a.panese coming into the State, adopted the very foolish procedure of trying to provide by law that the j.a.panese children should not be allowed to attend the schools with the white children, and offensive and injurious language was used in connection with the proposal. The Federal Administration promptly took up the matter with the California authorities, and I got into personal touch with them. At my request the Mayor of San Francisco and other leaders in the movement came on to see me. I explained that the duty of the National Government was twofold: in the first place, to meet every reasonable wish and every real need of the people of California or any other State in dealing with the people of a foreign power; and, in the next place, itself exclusively and fully to exercise the right of dealing with this foreign power.