I have been introduced at a great many places by the exuberant chairman of a committee who referred to the fact that he was about to introduce a gentleman who exercised the greatest power in the world. While the power of the President may be very great as compared with the power of rulers of other countries, I can testify that when you are exercising it, you don't think of its extent so much as you do of its limitations. I think a study of the relative power of the King of England, the President of France, the Emperor of Germany, the King of Italy, the Emperor of Austria and the Emperor of Russia might involve a very interesting investigation. I am not sufficiently familiar with the power of those executive heads to speak on the subject, though I do know something of the power of the King of England. In England and all of her colonies they have a so-called responsible government. The English King is said to reign and not to rule, while the actual ruler is the Premier, who combines executive and legislative power by virtue With us, as you know, the President is a permanent officer for four years. It is quite possible that he may be elected as President at the same time that a Congress hostile to him is put into power. Such was the case when Mr. Hayes was elected, and indeed when Mr. Cleveland was first elected there was a majority against him in the Senate. It happens more frequently, however, that at the end of two years a majority of the opposing party is elected to a Congress at the mid-term election. Our method has been criticised as rigid and unresponsive to change in popular opinion, but I venture to think that it has some advantages over the English one. It may be good for a country to have an occasional rest from legislation, to let it digest what reformers have already gotten on its statute book, and the period when the President differs from Congress offers such an opportunity for test and rest. We have rests in music, which are necessary to a proper composition, and I do not see why we should not have rests in politics. I think, however, that we might advantageously give greater power to the President in the matter President Wilson has inaugurated the policy of delivering his message to Congress personally. I think that is a good innovation. A Democrat could have made it, not a Republican. Washington had to go to Congress, so had Adams, but when Jefferson came in he said, "No, that is monarchical, and I will just write a letter to Congress," and so he did. Washington went once to the Senate and attempted to have the Senate concur with him in a treaty with the Indians. He took with him General Knox, who had frequently dealt with Indians. John Quincy Adams, in his diary, describes what happened as he learned it from a member of the Senate at that time. He The first power of the President that I wish to consider is the veto power. The English King has it, but never exercises it, i.e., he has not exercised it for two hundred years. If he attempted to exercise it under the present British Constitution, he would shake the throne and should he try it a second time he might not have a throne under him. The President, however, has the veto power under a provision of the Constitution. When he decides to differ with both Houses, certain members of demagogic tendency rise to say that the President is exercising a royal The second great control exercised by the President is that of Commander-in-Chief. This includes, first of all, his command over the army, which is complete. He can send the army where he chooses and he can call out the state militia to repel invasion, to suppress insurrection and to execute the laws, if the army or militia be neces To illustrate our practice now in regard to the execution of laws with the aid of the army, there is one very striking instance which occurred within my memory. Debs organized the American Railway Union in order to take the American people by the throat and say to them: "You shall not have any milk for your babies, you shall not have any food, you shall not have anything. I am going to stop every railroad in the country until you come with me and make Pullman pay his men what I think they ought to have, and what they think they ought to have." That was a secondary boycott, which Mr. Cleveland said ought to be suppressed. Since it involved the stoppage of mails and interstate commerce, the United States courts issued injunctions to prevent the malcontents from continuing their work of obstruction. When Debs's Union defied the court injunction, the President sent General Miles out to Chicago with a military force to suppress that obstruction to the United States laws. At this Governor Altgeld protested. "I can To which Mr. Cleveland and Mr. Olney answered: "That is true where the insurrection does not relate to the United States laws, but where there is an obstruction of the United States laws, the Supreme Court has decided repeatedly that the President is dealing, not with state territory, but with the territory of the United States. He can execute the laws of the United States on every foot of United States soil and have the whole army enforce them." And so he did. Another indirect power of the President as Commander-in-Chief was exhibited in a most remarkable way during the Spanish War. We took over successively Cuba, Porto Rico and the Philippines, but for three years after we had annexed the Philippines, Congress took no action in regard to any of them. They formed territory ceded to us by virtue of the Treaty of Paris and Congress thought the Philippines were a poker that was a little bit hot for it to handle. The responsibility for them, therefore, fell upon the President, and as Commander-in-Chief he intro When we first let Cuba go, we made what was called the Platt Amendment to the Cuban Treaty, suggested by Senator Platt of this state. That amendment provided for the restoration of order by the United States whenever law and order were disturbed and whenever life, liberty and property were not secure. Mr. Roosevelt, therefore, sent me down to Cuba with Mr. Bacon to see if we could not adjust the matter. When we arrived, we found twenty thousand revolutionist troops outside the city of Havana. President Palma had been so certain of peace that he had made no provision to suppress insurrections, and these troops were just about ready to march into Havana when I got there. I went out to stay at The President has not the power to declare war. Congress has that power; but if a foreign nation invades our country, the President must, without awaiting such declaration, resist and use the army and navy for that purpose. It is, therefore, possible for us to actually get into war before Congress makes a formal declaration. That is what happened in the Civil War. The Southern states seceded and Mr. Lincoln had war on his Let me give you an example of presidential authority exercised in pursuance of his constitutional duty to execute the laws even when Congress passes no law on the subject-matter. The Canal Zone was acquired by a treaty with Panama that followed its recognition—a recognition made with such promptness that it has since attracted some criticism. Congress passed a law that the President should have power to govern that country for a year, but failed to renew the grant of power. The question arose Let me give you another instance of the President's exercising a law that Congress did not pass. Sarah Althea Hill thought she was married to Senator Sharon, at least she said she thought so. Senator Sharon was a rich man. She wished to share it. So she brought in the State courts of California a suit for divorce and alimony against the senator and exhibited a letter purporting to have been written by the senator admitting the marriage. She got into a great deal of litigation and employed as her lawyer Judge Terry. Senator Sharon then brought suit in the United States Court in California to have this As Justice Field was proceeding north from Los Angeles to San Francisco to hold court there, he got out for breakfast at Fresno. Unfortunately the Terrys reached the same station on another train at the same time. Justice Field and Neagle, the deputy marshal, got out of the train, went into the restaurant and sat down. When Judge and Mrs. Terry came in and Mrs. Terry saw Justice Field, she ran out to the car to get a revolver she had left in her satchel by an oversight. In the meantime Judge Terry went up to Justice Field, denounced him and struck him from behind. Thereupon Neagle arose, saying, "I am an officer, keep off," but Judge Terry continued to assault Justice Field. Neagle said he thought Judge Terry reached for a knife. At any rate, Neagle shot, and Terry fell dead at the feet of Justice Field. Neagle was at once indicted by a state jury for murder. He went into the Federal Court and got a writ of habeas corpus, asking to be released on the ground that he was discharging a duty under the government of the United States. Judge Sawyer granted the writ and released Neagle. The state of California took the case to the Supreme Court of the United States. The I cannot tell you all the officers of the United States—internal revenue men, customs men, post-office men, immigrant inspectors, public land men, reclamation men, marine hospital men—certainly 150,000 in number, who are subject to the direction of the President. In the executive work under this head, he wields a most far-reaching power in the interpretation of Congressional acts. A great many statutes never come before the court. The President or his officers for him Then often Congress relies upon the discretion of the President to accomplish such tremendous things as in the Panama Canal. It directed the President to build the Canal. It remained for him to appoint all the persons engaged in the work, and he became responsible for every one of them. Another notable instance of the reliance of Congress upon the President occurred in the Spanish War, when it appropriated $50,000,000 to be allotted at his discretion. Yet it seems to me that a curtailment of the small duties now imposed on the President might well be made. The number of his appointments, for instance, might well be lessened. The President ought, of course, to appoint his Cabinet, the Supreme Court, ambassadors, ministers, generals Is the position occupied by a postmaster of sufficient importance to justify the President in bothering with his appointment when he has such a problem as the Mexican situation on his hands? We are coming to the time when there are great complicated duties to perform under the government. We have departed from the Jefferson view, and we now think that the government can do a great many things helpfully, provided it has experts to do them. Is it not entitled to the best men to do these things? Yet how are experts obtainable unless they are selected to permanent positions by those who are looking for experts and not looking for men who exercise influence at the polls? I recommended to Congress four times, that is, in each annual message, that it enable me to put these men under the Civil Service law and in the classified service; but it did not do it, and why? Because all local officers now have to be confirmed by the Senate. That power of confirmation gives a hold on the Executive and each Therefore, if Congressmen really had wisdom and looked ahead, they would rid themselves of responsibility for these appointments, would abolish the necessity for confirmation by the Senate, and would thus enable the President to classify them under the Civil Service law and merit system. But we have made progress and I am not discouraged about it. Ultimately we shall get the Senate to consent to give up that power, though at present the Democratic majority in the two Houses is fierce against such a suggestion, and quite naturally so, for, while the The time taken up in the consideration of minor appointments by executive officers, the President and Cabinet officers especially, is a great waste and no one can know the nervous vitality that can be expended upon them until he has had actual experience. Of course they lead to some amusing experiences, for there is nothing which gives such a chance for the play of human impulse as office-seeking. I remember having a lady come into my office when I was Secretary of War. Her boy had passed the examination for West Point, but a medical board had examined him and found that his chest did not measure enough for his height. She came in to urge me to waive that defect. I explained to her the necessity for great care in the appointment of army officers, because if, after being commissioned, they had any organic trouble, they were disqualified for further discharge of their duty, and would be retired on three-fourths Then I had another experience. A lady in Washington, whose husband had some political influence, came and labored with me for six weeks or more to appoint her son to a position. She secured the aid of Senators and Congressmen in formidable number and came with them to see When you get a letter like that, the first thing you do is to think how you can be severe with a person who has committed an impropriety, or even been a little impertinent. Then you may compose an answer. Then if you are wise, you will put the letter in a drawer and lock the drawer. Take it out in the course of two days—such communications will always bear two days' delay in answering—and when you take it out after that interval, you will not send it. That is just the course I took. After that, I sat down and wrote her just as polite a letter as I could, telling her I realized a mother's disappointment under such circumstances, but that really the appointment was not left to my mere personal preference, that I had to select a man with technical qualifications, and had, therefore, to follow the recommendation But the appointment I sent in was not confirmed at once and after an interval I received a letter which purported to come from her husband, though it was in the same handwriting as all the others. I was therein advised that, due to the nervous prostration that had followed her disappointment in this case, she had to take to her bed and had developed a most serious case of cancer of the stomach. Would I not restore her to health by withdrawing the first name and replacing it by her son's? I had to write another letter, this one to the husband, to say that I hoped the diagnosis would prove to be inaccurate, that I sympathized with him in the sorrow he must have in the serious illness of his wife, but that it was impossible to withdraw the name sent in. The man whom I appointed was confirmed, and within two days after I received that letter, we gave a musicale at the White House. The first two people to greet Mrs. Taft and me were this husband and wife, though the wife had so recently been in articulo mortis. Another great power of the President is his control of our foreign relations. In domestic Through the State Department he conducts all negotiation and correspondence with other governments and according to the Constitution he receives ambassadors and foreign ministers. Now you might possibly think that that meant only that he must have a flunky at the White House to take their cards—but it means a good deal more. He appoints ambassadors and ministers to other countries and instructs them. He receives the diplomatic representatives from other countries and does business with them. He construes treaties and asserts the rights of our government and our citizens under them. He considers and decides the rights of other governments and their subjects in a way which practi When there is a dispute as to what person is the chief executive of a foreign country and therefore entitled to send an ambassador or minister, the President must decide it. In other words, he alone can exercise the power of recognition. How important a power this is, we may know from our recent experiences with Mexico, for President Wilson, by withholding recognition from General Huerta, was able to render his longer tenure as chief executive impossible. In our foreign relations it is often the President's duty to formulate the national claim of sovereignty over territory whose ownership is in dispute. This is a political question and his decision or claim in regard to it is taken as final by the Supreme Court. In the Fur-Seal Controversy, Mr. Blaine took the position that our jurisdiction reached out over the Bering Sea. The question was contested in the Supreme Court by the British and the Canadian governments. The Supreme Court said: "We cannot determine this. It is a political question and must, therefore, be decided by the President through his Secretary of State." We Another great power of the President is the power of pardons and reprieves. This is not to be determined by rules of law nor indeed by absolute rules of any kind and must, therefore, be wielded skilfully lest it destroy the prestige and supremacy of law. Sometimes one is deceived. I was. Two men were brought before me, both of whom were represented as dying. When a convict is near his end, it has been the custom to send him home to die. So, after having all the surgeons in the War Department examine them to see that the statements made to me about them were correct, I exercised the pardoning power in their favor. Well, one of them kept his contract and died, but the other seems to be one of the healthiest men in the community today. The President is also the titular head of a party and ought to have a large influence in legislation. He is made responsible to the country for his party's majority in Congress, and does thereby have some voice in legislation. Some Presidents have more control than others, but all Presidents find as the patronage is distributed, and as the term goes on, that the influence and power that they have over legislation rapidly diminishes. In fact, when there are no more offices to distribute and somebody else comes into view as the next The people think that the Presidency gives a man an opportunity to make a lot of personal appointments. I can recall some of these personal appointments, but I tell you they are very few. There are certain political obligations involving the recognition of party leaders which he has to take into consideration with reference to some appointments. But when it comes to purely personal appointments, one can count them on the fingers of one hand. It is well that it is so. A President with his proper sense of duty finds many men in office whom he ought to let continue and the question of friendship for others can play no part in displacing them. The social influence of the President in Washington is not much. I think perhaps it might be useful if it were a little more, for the question of precedence, which makes everybody outside of Washington laugh, sometimes becomes a very serious matter. As the French ambassador once said, when there are three hundred people, they cannot all go through the door at one time. Somebody has to go first, therefore it is most important to fix who that somebody shall be. But The very men who make most fun of such matters and profess to despise their consideration are in actual practice the most unreasonable as to their own places at functions. The House of Representatives is supposed to be the embodiment of democracy and contempt for social distinctions, yet of all the people in the world who have made a fuss over the matter of precedence, speakers of the House of Representatives have been the most insistent on their proper place at official dinners. The speaker says: "I represent the body of the people who come from the soil and the people who make this country. Therefore, I decline to sit after the presiding officer of the Senate." An ambassador says: "I am the personal representative of my sovereign. If he were here in The President is made responsible for everything, especially for hard times. Of course his supporters claim credit for good crops, so that perhaps it is not so unfair to charge him with responsibility for bad crops and for everything else that happens wrong during his term. Every President strives to do the best he can for the country. It is a great task, one of the heaviest in the world. A man does not really know, until he gets out of the office, what the strain is. And, |