Sovereign States and the Federal Government—California and the Senate—The Constitutional Powers of Congress and the President—Government by Interpretation—President Roosevelt as an Inspiration to the People—A New Conception of the Presidential Office—"Teddy" and the "'fraid strap"—Mr. Roosevelt and the Corporations—As a Politician—His Imperiousness—The Negro Problem—The Americanism of the South. It was said that it would be necessary to refer again to the subject of the relations of the General Government to the several States, as illustrated by the New Orleans incident and the treatment of the Japanese on the Pacific Coast; and the first thing to be said is that no well-wisher of the United States living in Europe can help deploring the fact that the General Government has not the power to compel all parties to the Union to observe the treaties to which the faith of the nation as a whole has been pledged. It is a matter on which the apologist for the United States abroad has, when challenged, no defence. Few people in other countries do not consider the present situation unworthy of the United States; and I believe that a large majority of the American people—certainly a majority of the people east of the Rocky Mountains—is of the same opinion. It is no excuse to urge that when another Power This, I say, is the general opinion of thinking men in other countries; but, however desirable it may be that the General Government should have the power to compel the individual States to comply with the requirements of the national undertakings, it is difficult, so long as the several States continue jealous of their sovereignty without regard to the national honour, to see how the end is to be arrived at. The first obvious fact is that all treaties are made by the President "by and with the advice and consent of the Senate" and no treaty is valid until ratified by a vote of the Senate in which "two thirds of the Senators present concur." The Senate occupies a peculiar position in the scheme of government. It does not represent either the nation as a whole nor, like the House of Representatives, the people as a whole. The Senate represents the individual States each acting in It would appear to follow of necessity that when the Senate has by a formal two-thirds vote ratified a treaty, every State is bound to accept all the obligations of that treaty, not merely as part of the nation but as a separate unit. The provision in the Constitution which makes the vote of the Senate on any treaty necessary can have no other intent than to bind the several States themselves. As a matter of historical accuracy it had no other intent when it was framed. In the particular case of the Japanese treaty, the time for the State of California to have made its attitude known was surely when the treaty passed the Senate. The California Senators, or the people of the State, had then two honest courses open to them. They could have let it be known unequivocally that they did not propose to hold themselves bound by the action of the Senate but would, if any attempt were made to force them to comply with the terms of the treaty, secede from the Union; or they could have determined there and then to abide loyally by the terms of the treaty and no matter at what cost to the State, or at what sacrifice of their amour propre, to see that all the rights provided in the treaty were accorded to Japanese within the State. Either of these If, however, the State of California, or any other individual State, refuses to acknowledge the responsibilities which it has assumed by the vote of the Chamber of which its representatives are members, there appears no way in which the Federal Government can compel such acknowledgment except those of force and what the believers in the extreme doctrine of State Sovereignty consider Constitutional Usurpation. It has in many cases been necessary as the conditions of the country have changed so to interpret the phrases of the Constitution as to give to the General Government powers which cannot have been contemplated by the framers of that instrument. In this case there is every evidence, however, that the framers did intend that the General Government should have precisely those powers which it now desires—or that the individual States should be subject to precisely those responsibilities which they now seek to evade—and if any sentence in the Constitution can be so interpreted as to give to the General Government the power to compel States to respect the treaties made by the nation, it seems unnecessary to shrink from putting such interpretation upon it. Under the Constitution, Congress has the power to "regulate commerce with foreign nations"—and commerce is a term which has many meanings—as well as It would appear to be competent for Congress to "define" any failure on the part of the citizens of any State to comply with whatever requirements in the treatment of foreigners may be imposed on them by a treaty into which the nation has entered, as an "offence against the law of nations." This power of "definition" on the part of Congress is quite unhampered. So also is the power "to make all laws which shall be necessary and proper for carrying into execution" the powers of definition and punishment. And it would be the duty of the President and the Federal Courts to take care that the laws were executed. If there would be any "usurpation" involved in such an interpretation of the phrases of the Constitution it is certainly less—much less, when regard is had to the intention of the framers of the Constitution—than other "usurpations" which have been effected, and sometimes without protest from the individual States; as, for instance, by the expansion of the right to regulate commerce between the several States into an authority to deal with all manner of details of the control of railways of which the framers of the Incidentally it may be remarked that it would be peculiarly interesting if, at this day, that authority to construct post-roads should thus be invoked to give the General Government new powers of wide scope, when we remember that it was this same provision of the Constitution which stood sponsor for the very earliest steps which, in the construction of the Cumberland Road and other military or post routes, the young republic took in the path of practical federalism. To those Americans who received the cause of State Sovereignty as a trust from their fathers and grandfathers before them, the cause doubtless appears a noble one; but to the outsider, unbiassed by such inherited sentiment, it seems evident, first, that the cause, however noble, is also hopeless; and, second, that it is unreasonable that in the forlorn effort to preserve one particular shred of a fabric already so tattered, the United States as a nation should be exposed to frequent dangers of friction with other Powers, and, what is more serious, should be made, once in every decade or so, to stand before the world in the position of a trader who repudiates his obligations. And if I seem to speak on what is after all a domestic subject with undue vehemence (as I cannot hope It may be that a select circle of the statesmen and foreign office officials in other countries are familiar with the intricacies of the American Constitution, but the masses of the people cannot be expected so to be, any more than the masses of the American people are adepts in the constitutions of those other countries. And it is, unfortunately, the masses which form and give expression to public opinion. In these days it is not by the diplomacies of ambassadors or the courtesies of monarchs that friendships and enmities are created between nations. The feelings of one people towards another are shaped in curious and intangible ways by phrases, sentiments, ideas—often trivial in themselves—which pass current in the press or travel from mouth to mouth. It is a pity that the United States should in this particular expose itself to the contempt of lesser peoples, giving them excuse for speaking lightly of it as of a nation which does not keep faith. It does not conduce to increase the illuminating power of the example of America for the enlightenment of the world. It might be well also if Americans would ask themselves what they would do if a number of American citizens were subjected to outrage (whether they were murdered as in New Orleans, or merely forced to submit to indignities and inconvenience as in California) in some South American republic, which put forward the plea that under its constitution it was unable to control the people or coerce the administration of the particular province in which the offences were committed. Would the United States accept the plea? Or if the outrages were perpetrated in one of the self-governing colonies of Great Britain and the British Government repudiated liability in the matter? The United States, if I understand the people at all, would not hesitate to have recourse to force to endeavour to compel Great Britain to acknowledge her responsibility. In the matter of the relation of the general government to the several States the most important factor to be considered at the present moment is undoubtedly the personality of President Roosevelt, and any attempt to make intelligible the change which has come over the United States of recent years would be futile without some recognition of the part which he has played therein. Mr. Roosevelt has been credited with being the author of "a revival of the sense of civic virtue" in the American people. Certainly he has been, by his example, a powerful agent in directing into channels of reform the exuberant energy and enthusiasm which have inspired the people since the great increase in material prosperity and the physical unification of the country bred in it its quickened sense of national life. In the period of activity and Moreover, what touches the question of State sovereignty nearly, he has given a new character to the Presidential office. I have expressed elsewhere my belief that the process of the federalising of the country, the concentration of power in the central government, must proceed further than it has yet gone; but it is difficult now to measure, what history will see clearly enough, how much Mr. Roosevelt has contributed to the hastening of the process. No President, one is tempted to say since Washington, but certainly since I first came in contact with Mr. Roosevelt some twenty-five years ago, when his personality already pervaded the country from the Bad Lands of Dakota to the Rocky Mountains. I had a great desire to meet this person about whom, not only in his early life but, as it were, in his very presence, myth was already clustering,—a desire which was almost immediately gratified by chance,—but the particular detail about him which at the time made most impression on my mind was that he was the reputed inventor of the "'fraid strap." The "'fraid strap" is—or was—a short thong, perhaps two feet in length, fastened to the front of the clumsy saddle, which, at signs of contumacy in one's pony, one could, with a couple of hitches, wrap round his hand, in such a way as to increase immensely the chance of a continuity of connection with his seat. The pony of the Plains in those days was not as a rule a gentle beast, and I was moved to gratitude to the inventor of the "'fraid strap"—though whether it was really Mr. Roosevelt's idea or not it is (without confession from himself) impossible to guess, What vexed me no little at the time was that it was with some effort that I could get his name right. I could not remember whether it was Teddy Roosevelt or Roosy Teddevelt. The name now is familiar to all the world; but then it struck strangely on untrained English ears and to me it seemed quite as reasonable whichever way one twisted it round. Mr. Jacob Riis (or Mr. Leupp) has protested against the President of the United States being called "Teddy" and we have his word for it that Mr. Roosevelt's own intimates have never thought of addressing him otherwise than as "Theodore." Doubtless this is correct (certainly I know men who assure me that they call him "Theodore" now) but at least the more friendly "Teddy" has, as is proved by that confusion in my mind of a quarter of a century ago, the justification of long prescription. Nor am I sure that it has not been a fortunate thing both for Mr. Roosevelt and the country that his name has been Teddy to the multitude. I doubt if the men of the West, the rough-riders and the plainsmen, would give so much of their hearts to Theodore. It is not easy to estimate the value, or otherwise, of Mr. Roosevelt's work in that capacity in which he has of late come to be best known to the world, namely as an opponent of the Trusts; but it is a pity that so many English newspapers habitually represent him as an enemy of all concentrated wealth. He has been called "the first Aristocrat to be elected President." Whether that be strictly true or not, he belongs One of the chief difficulties in the practical application of his policies has been that the Government cannot have the power to punish dishonest corporations without first being entrusted with a measure of control over all corporate operations, the concession of which control the honest corporations have felt compelled to resist. Nor is it possible to say that their resistance has not been justified. However wisely and forbearingly Mr. Roosevelt himself might use whatever power was placed in his hands, there has been little in the experience of the corporations in America to make them believe that they can trust either office-holders in general or, for any long term, the Government itself. Dispassionate students of the railway problem in the United States are aware that there is nothing which Mr. Roosevelt's desire may have been (as it is) only to protect the people against the misuse of their power by dishonest corporations; and the honest corporations would be no less glad than Mr. Roosevelt himself to see the dishonest brought to book. But in the necessity of resisting (or what has seemed to the corporations the necessity of resisting) the extensions of the federal power which were requisite before reform could be achieved, the honest have been compelled to make common cause with the dishonest, so that the President The result has been unfortunate for business interests generally because the mere fact that the President was "against the companies" (no matter on what grounds, or whether he was against them all or only against some) has encouraged throughout the country the anti-corporation feeling which needed no encouragement. Any time these forty years, or since the early days of the Granger agitation, the shortest road to notoriety and political advancement (at least in any of the Western States) has been by abuse of the railroad companies. A thousand politicians and newspapers all over the country are eager to seize on any phrase or pronouncement of the President which can be interpreted as giving countenance to the particular anti-railroad campaign at the moment in progress in their own locality. A vast number of people are interested in distorting, or in interpreting partially, whatever is said at the White House, so that any phrase, regardless of its context,—each individual act, without reference to its conditions,—which could be represented as an encouragement to the anti-capitalist crusade has been seized upon and made the most of. All over the West there have always, in this generation, been a sufficient number of persons only too anxious, for selfish reasons, to inflame hostility against the railroad companies or against men of wealth; but only within the last few years has it been possible for the most unscrupulous demagogue to find colour and justification for whatever If the corporations have suffered, the course of events has been unfortunate too for Mr. Roosevelt. No one is better aware than he of the misrepresentation to which he is subjected and the unscrupulous use which is made of his example; and it is impossible that at times it can fail to be very bitter. It must also be bitter to find arrayed against him many men whose friendship he must value and whose co-operation in his work it must seem to him that he ought to have. It happens that his is not a character which is swayed by such considerations one hair's breadth from the course which he has marked out for himself; but it is deplorable that a very large proportion of precisely that class of men in which Mr. Roosevelt ought (or at least is justified in thinking that he ought) to find his strongest allies have felt themselves compelled to become his most determined opponents, while those interests which ought (or at least are justified in thinking that they ought) to to find in Mr. Roosevelt, as the occupant of the White House, their strongest bulwark against an unreasoning popular hostility only see that that hostility is immensely inflamed and strengthened by his course and example. The conditions are injurious to the business interests of the country and weaken Mr. Roosevelt's influence for good. Yet it seems impossible—or certainly impossible for Meanwhile, as has been said, one result has been to weaken Mr. Roosevelt's personal influence for good. I have been assured by men of undoubted truthfulness, who are at the head of large financial interests, that he has, in the last few years, become as tricky and unscrupulous in his political methods as the oldest political campaigner; a statement which I believe to be entirely mistaken. "Practical politics," said Mr. Roosevelt once, "is not dirty politics. On the A more reasonable accusation against him, which is made by many of his best friends, is that his imperious will and his confidence in his own opinions make him at times unjust and intolerant in his judgment of others. There have been occasions when he has seemed over-ready to accuse others of bad faith without other ground than his own opinion or the recollection of what has occurred at an interview. He may have been right; but it is certain that he has alienated the friendship of not a few good men by the vehemence and positiveness with which he has asserted his views. And anything, independent of all questions of party, which weakens his influence is, for the country's sake, a thing to be deplored. The negro question has contributed not a little to Mr. Roosevelt's difficulties, as it has to the misunderstanding of the American people in England. I know intelligent Englishmen who have visited the United States and honestly believe that in the not very distant future the country will again be torn with civil war, a war of black against white, which will imperil the permanence of the Republic no less seriously than did the former struggle. I do not think that the apprehension is shared by many intelligent Americans. It is perhaps inevitable that Americans should It has already been mentioned that among the men in New Orleans who assisted at the summary execution of the Italian Mafiotes there were, it is believed, an ex-Governor of the State and a Judge: men, that is to say, as civilised and of as humane sentiments as the members of any club in Pall Mall. They were not bloodthirsty ruffians, but gentlemen who did what they did from a stern sense of necessity. It has been my lot to live for a while in a community in which the maintenance of law and order depended entirely on a self-constituted Vigilance Committee; and the operations of that committee were not only salutary but necessary. It has also been my lot to live in a community where the upholders of law and order were not strong enough to organise a Vigilance Committee. I have been one of three or four who behind closed doors earnestly canvassed the possibilities of forming such an organisation, and neither I nor any of the others (among whom I remember were included one attorney-at-law and one mining engineer and surveyor) would have hesitated to serve on such a committee could it What is deplorable is not the spirit which prompts the acts of summary justice (I am speaking only of one class of Southern "outrage") but the conditions which make the perpetration of those acts the only practicable way of rendering life livable for white people; and for the responsibility for these conditions we must go back either to the institution of slavery itself (for which it should be remembered that England was to blame) or to the follies and passions of half a century ago which gave the negro the suffrage and put him on a plane of political equality with his late masters. The people of the North have of late years come to understand the South better, and whereas what I have said above would, twenty years ago, have found few sympathisers in any Northern city, I believe that to-day it expresses the opinion of the large majority of Northern men. I also believe that the necessary majority could be secured to repeal so much of the Fourteenth and Fifteenth Amendments to the Constitution as would be necessary to undo the mistake which has been committed. It is true that in some Southern States the majority of the blacks are practically disfranchised now; but it would remove a constant cause of friction and of political chicanery if the fact were recognised frankly that it is not possible to contemplate the possibility of the negro ever becoming the politically dominant race in any community where white people live. There is no reason to believe that the two races cannot live together comfortably even though the blacks be in a large majority, but there must be no question of white control of the local government and of the machinery of justice. Taking away the franchise from the negro would not, of course, put an end to many of the social difficulties of the situation, but, the present false relations between the two being abolished, those difficulties are no more than have to be dealt with in every community. There would be a chance for the negroes as a race to develop into useful members of the community, as negroes, filling the stations of negroes and doing negroes' work, along such lines as those on which Mr. The Englishman in England is chiefly impressed by the stories of Southern outrages upon the blacks and he gets therefrom an erroneous idea of the character of the Southern white. An Englishman who studies the situation on the spot is likely to acquire great sympathy with the Southern white and to condemn only the political ineptitude which has made the existing conditions possible. Whether Mr. Roosevelt's course has been the one best adapted to facilitate a solution of the difficulties it would be idle to enquire. The laws being as they are, and he being the kind of man he is and, as President, entrusted with the duty of seeing that the laws are faithfully executed, he could not have taken a different line. Another man (and an equally good man) might have refrained from making one or two of his appointments In this connection, it may be that there will be readers who will think that in many things which I say, when generalising about the American people as a whole, I fail to take into proper account the South and characteristics of such of the people of the South as are distinctively Southern. It is not from any lack of acquaintance with the South; still less from any lack of admiration of or affection for it. But what has been said of New York may in a way be said of the South, for whatever therein is typically Southern to-day is not typically American; and all that is typically Southern is moreover rapidly disappearing. In the tremendous activity of the new national life which has been infused into the country as a result of its solidification and knitting together of the last thirty years, there is no longer room for sectional divergences of character. They are overwhelmed, absorbed, obliterated; and the really vital parts of the South are no longer Southern but American. What has the spirit of Atlanta in Georgia, of Birmingham in Alabama, of any town in the South-west, from St. Louis to Galveston, to do with the typical spirit of the South? However strong Southern sentiment may still be, what is there of the Southern spirit even in Richmond or in Louisville? I need hardly say that America produces no finer men than the best Virginian or the best Kentuckian, but, with all his Southern love and his hot rhetoric, the man of this generation who is a leader among his FOOTNOTES: |