Something of Men I Have Known Part 5

It was the earnest prayer of all, from the President to the humblest in private life, that the horrors of war might be averted. Had our ears remained deaf to the cry of the stricken and starving at our doors, we would not have been guiltless in the high court of conscience, and before the dread judgment seat of history. The plea 'Am I my brother's keeper?'--whether interposed by individual or by nation--cannot be heard before the august tribunal of the Almighty.

"Justified then, as we solemnly believe, in the sight of G.o.d for our interposition, we rejoice over the termination of a struggle in which our arms knew no defeat. The dead hand of Spain has been removed forever from the throats of her helpless victims. Emphasizing our solemn declaration as a nation, that this was a war for humanity, not for self-aggrandizement, we demand no money indemnity from the defeated and impoverished foe.

"The sacrifice of treasure and of blood has not been in vain.

However it may have been in the past, the United States emerges from the conflict with Spain a united people. Sectional lines are forever obliterated. Henceforth, for all time, we present to foreign foe and unbroken front. In the words of Webster: 'Our politics go no farther than the water's edge.'

"No less important is the fact, that the United States of America to-day, as never before, commands the respect and admiration of the world. No foreign coalition, however formidable, can excite our serious apprehension or alarm. For all this, all honor to our brave soldiers and sailors; all honor to the helpful hands and sympathetic hearts of America's patriotic women.

"As in the early morning and in the noon of the nineteenth century, America gave to the world its best lessons in liberty and in law, so in its closing hours, it has given to all the nations a never-to-be-forgotten lesson in the dread art of war. In quick response to the splendid achievements of American valor comes from across the sea the startling proposal of despotic Russia for the disarmament of continental Europe--and in the end universal peace.

"Thankful to G.o.d for all he has vouchsafed to us in the past, and with the prayer that henceforth peace may be the priceless boon of all nations, we await the dawn of the new century, and turn our faces hopefully to the future."

IV THE VICE-PRESIDENCY

ELECTION, POWERS, AND DUTIES OF THE VICE-PRESIDENT--NAMES AND DATES OF ALL THE VICE-PRESIDENTS--FOUR WHO BECAME PRESIDENTS BY ELECTION --FIVE WHO SUCCEEDED UPON THE DEATH OF THE PRESIDENT--ATTEMPTS TO SECURE THE IMPEACHMENTS OF PRESIDENTS--THE TWELFTH AMENDMENT TO THE CONSt.i.tUTION--REMARKS ON SOME OF THE VICE-PRESIDENTS--THE WRITER'S FAREWELL ADDRESS TO THE SENATE.

By the provisions of the Federal Const.i.tution, a Vice-President of the United States is elected at the same time, for the same term, and in like manner as the President--by electors chosen in each of the States. A majority of the votes cast in the several electoral colleges is necessary to an election. The Vice-President is the President of the Senate, and in the event of an equal division in that body, he gives the deciding vote. Under no other contingency has he a vote. The powers and duties of the office of President devolve upon the Vice-President in case of the death, resignation, or removal from office of the President. The Vice-President is included in the list of public officers liable to removal from office on impeachment, on conviction for treason, bribery, or other high crimes and misdemeanors. By the twelfth amendment to the Const.i.tution no person const.i.tutionally ineligible to the office of President can be elected to that of Vice-President. In the event of a vacancy occurring in the office of Vice-President, the Senate is presided over by a member of that body. In such contingency the death of the President would, under existing law, devolve the office of President upon the Secretary of State.

Twenty-seven persons have held the office of Vice-President; the dates of their respective elections are as follows: John Adams of Ma.s.sachusetts, in 1788, re-elected in 1792; Thomas Jefferson of Virginia, in 1796; Aaron Burr of New York, in 1800; George Clinton of New York, in 1804, re-elected in 1808; Elbridge Gerry of Ma.s.sachusetts, in 1812; Daniel D. Tompkins of New York, in 1816, re-elected in 1820; John C. Calhoun of South Carolina, in 1824, re-elected in 1828; Martin Van Buren of New York, in 1832; Richard M. Johnson of Kentucky, in 1836; John Tyler of Virginia, in 1840; George M. Dallas of Pennsylvania, in 1844; Millard Fillmore of New York, in 1848; William R. King of Alabama, in 1852; John C.

Breckenridge of Kentucky, in 1856; Hannibal Hamlin of Maine, in 1860; Andrew Johnson of Tennessee, in 1864; Schuyler Colfax of Indiana, in 1868; Henry Wilson of Ma.s.sachusetts, in 1872; William A.

Wheeler of New York, in 1876; Chester A. Arthur of New York, in 1880; Thomas A. Hendricks of Indiana, in 1884; Levi P. Morton of New York, in 1888; Adlai E. Stevenson of Illinois, in 1892; Garrett A. Hobart of New Jersey, in 1896; Theodore Roosevelt of New York, in 1900; Charles W. Fairbanks of Indiana, in 1904; James S. Sherman of New York, in 1908.

Four Vice-Presidents were subsequently elected Presidents, namely: John Adams in 1796; Thomas Jefferson in 1800 and 1804; Martin Van Buren in 1836; and Theodore Roosevelt in 1904. The dates given have reference to the election by vote of the electors in the several States by whom the President and Vice-President were subsequently chosen. Six Vice-Presidents died in office: namely, Clinton, Gerry, King, Wilson, Hendricks, and Hobart. In the Presidential contest of 1836, Martin Van Buren received a majority of the electoral votes for President, but no candidate received a majority for Vice-President. By Const.i.tutional requirement the duty of electing a Vice-President then devolved upon the Senate, the candidates from whom such choice was to be made being restricted to the two who had received the highest number of electoral votes.

One of these, Richard W. Johnson of Kentucky, was duly elected by the Senate. The only Vice-President who resigned the office was John C. Calhoun. This occurred in 1832, and Mr. Calhoun soon thereafter took his seat in the Senate, to which body he had been elected by the Legislature of South Carolina.

Five Vice-Presidents have, upon the death of the President, succeeded to the Presidency. The first President to die during his inc.u.mbency of the great office, was William Henry Harrison. His death occurred April 4, 1841, just one month after his inauguration. The Vice-President John Tyler, then at his country home in Virginia, was officially notified of the event, and upon reaching the seat of Government at once took the oath of office as President. There was much discussion for a time in and out of Congress as to his proper t.i.tle, whether "Vice-President of the United States acting as President," or "President." The language of the Const.i.tution however, is clear, and it is no longer controverted that upon the death of the President the Vice-President becomes, in name as in fact, President. Upon the death of President Zachary Taylor, July 9, 1850, Vice-President Millard Fillmore succeeded to the Presidency, and was at a later date an unsuccessful candidate for election to that office. The third Vice-President who reached the Presidency by succession was Andrew Johnson; this occurred April 15, 1865, the day following the a.s.sa.s.sination of President Lincoln. President Garfield was shot July 2, 1881, and died in September of that year, when he was succeeded by Vice-President Chester A. Arthur. Vice-President Roosevelt was the successor of President McKinley, who died by the hand of an a.s.sa.s.sin in September, 1901.

Two attempts have been made to secure the impeachment of Presidents, the inc.u.mbent in each instance having been elected Vice-President and succeeded to the higher office upon the death of the President.

A resolution looking to the impeachment of President Tyler was introduced into the House of Representatives in January, 1843, but was defeated, and no further steps were taken. Articles of impeachment, for "high crimes and misdemeanors," were presented by the House of Representatives against President Johnson in 1868.

By const.i.tutional provision the trial was by the Senate, the Chief Justice of the United States presiding. Less than two-thirds of the Senators voting for conviction, he was acquitted.

Until the adoption of the twelfth amendment, no Const.i.tutional provision existed for separate votes in the electoral colleges for President and Vice-President; the candidate receiving the highest number of votes (if a majority of all) became President, and the one receiving the second highest, Vice-President. In 1801, Jefferson and Burr each received seventy-three electoral votes, and by const.i.tutional requirement the election at once devolved upon the House of Representatives, voting by States. On the thirty-sixth ballot a majority of the States voting for Jefferson, he became President, and Burr, Vice-President. The Const.i.tutional amendment above indicated, by which separate ballots were required in the electoral colleges for each office, was the result of the intense excitement throughout the country engendered by this contest.

The earnest opposition of Alexander Hamilton to Aaron Burr in the above-mentioned contest, was the prime cause of the duel by which Hamilton lost his life at the hands of Burr in 1804.

George Clinton, the fourth Vice-President, had as a member of the Continental Congress voted for the Declaration of Independence, and held the rank of Brigadier-General during the War of the Revolution. The fifth Vice-President, Elbridge Gerry, had been a prominent member of the Const.i.tutional Convention of 1787.

William R. King, elected in 1852, by reason of ill health never entered upon the discharge of the duties of his office. By special act of Congress, the oath of office was administered to him in Cuba and his death occurred soon thereafter. Of the twenty-seven Vice-Presidents thus far elected, ten have been from the State of New York. Adams and Jefferson, the first and second Vice-Presidents, rendered valuable service to the young Republic at foreign courts; each by election was elevated to the Presidency; and their deaths occurred upon the same historic Fourth of July, just fifty years from the day they had signed the Declaration of Independence.

A marble bust of each of the Vice-Presidents has been placed in the gallery of the Senate Chamber. The office of Vice-President is one of great dignity. He is the presiding officer of the most august legislative a.s.sembly known to men. In the event of an equal division in the Senate, he gives the deciding vote. This vote, many times in our history, has been one of deep significance.

It will readily be seen that the contingency may often occur when the Vice-President becomes an important factor in matters of legislation.

On the occasion of the writer's retirement from office, March 4, 1897, he delivered the following farewell address before the Senate:

"Senators: The hour has arrived which marks the close of the fifty-fourth Congress, and terminates my official relation to this body.

"Before laying down the gavel for the last time, I may be pardoned for detaining you for a moment, in the attempt to give expression to my grat.i.tude for the uniform courtesy extended me, for the many kindnesses shown me, during the time it has been my good fortune to preside over your deliberations. My appreciation of the Resolution of the Senate personal to myself, can find no adequate expression in words. Intentionally, I have at no time given offence; and I carry from this presence no shadow of feeling of unkindness toward any Senator, no memory of any grievance.

"Chief among the favors political fortune has bestowed upon me, I count that of having been the a.s.sociate--and known something of the friendship--of the men with whom I have so long held official relation in this chamber. To have been the presiding officer of this august body is an honor of which even the most ill.u.s.trious citizen might be proud. I am persuaded that no occupant of this Chair, during the one hundred and eight years of our Const.i.tutional history, ever entered upon the discharge of the duties pertaining to this office more deeply impressed with a sense of the responsibilities imposed, or with a higher appreciation of the character and dignity of the great Legislative a.s.sembly.

"During the term just closing, questions of deep import to political parties and to the country have here found earnest and at times pa.s.sionate discussion. This Chamber has indeed been the arena of great debate. The record of four years of parliamentary struggles, of masterful debates, of important legislation, is closed, and pa.s.ses now to the domain of history.

"I think I can truly say, in the words of a distinguished predecessor, 'In the discharge of my official duties, I have known no cause, no party, no friend.' It has been my earnest endeavor justly to interpret, and faithfully to execute, the rules of the Senate. At times the temptation may be strong to compa.s.s partisan ends by a disregard or a perversion of the rules. Yet, I think it safe to say, the result, however salutary, will be dearly purchased by a departure from the method prescribed by the Senate for its own guidance. A single instance, as indicated, might prove the forerunner of untold evils.

''T will be recorded for a precedent, And many an error by the same example Will rush into the State.'

"It must not be forgotten that the rules governing this body are founded deep in human experience; that they are the result of centuries of tireless effort in legislative hall, to conserve, to render stable and secure, the rights and liberties which have been achieved by conflict. By its rules, the Senate wisely fixes the limits to its own power. Of those who clamor against the Senate and its mode of procedure it may be truly said, 'They know not what they do.' In this Chamber alone are preserved, without restraint, two essentials of wise legislation and of good government--the right of amendment and of debate. Great evils often result from hasty legislation, rarely from the delay which follows full discussion and deliberation. In my humble judgment, the historic Senate, preserving the unrestricted right of amendment and of debate, maintaining intact the time-honored parliamentary methods and amenities which unfailingly secure action after deliberation, possesses in our scheme of government a value which can not be measured by words. The Senate is a perpetual body. In the terse words of an eminent Senator now present: 'The men who framed the Const.i.tution had studied thoroughly all former attempts at Republican government. History was strewn with the wrecks of unsuccessful democracies. Sometimes the usurpation of the executive power, sometimes the fickleness and unbridled license of the people, had brought popular governments to destruction. To guard against these dangers, they placed their chief hope in the Senate. The Senate which was organized in 1789, at the inauguration of the Government, abides and will continue to abide, one and the same body, until the Republic itself shall be overthrown, or time shall be no more.'

"Twenty-four Senators who have occupied seats in this Chamber during my term of office are no longer members of this body. Five of that number--Stanford, Colquitt, Vance, Stockbridge, and Wilson-- 'shattered with the contentions of the Great Hall,' full of years and of honors have pa.s.sed from earthly scenes. The fall of the gavel will conclude the long and honorable terms of service of other Senators, who will be borne in kind remembrance by their a.s.sociates who remain.

"I would do violence to my feelings if I failed to express my thanks to the officers of this body for the fidelity with which they have discharged their important duties, and for the kindly a.s.sistance and unfailing courtesy of which I have been the recipient.

"For the able and distinguished gentleman who succeeds me as your presiding officer, I earnestly invoke the same co-operation and courtesy which you have so generously accorded me.

"Senators, my parting words have been spoken, and I now discharge my last official duty, that of declaring the Senate adjourned without day."

V THE SENATE OF THE UNITED STATES

DIFFICULTY OF FORMULATING A FEDERAL CONSt.i.tUTION--THE CONVENTION OF 1787 SEES THE NECESSITY FOR A GENERAL GOVERNMENT WITH PLENARY POWERS--JEALOUSY OF THE SMALLER TOWARD THE LARGER STATES-- BRITISH PARLIAMENT TAKEN, WITH QUALIFICATIONS, AS THE MODEL FOR THE HOUSES OF CONGRESS--EQUAL STATE REPRESENTATION IN THE SENATE-- NON-EXISTENCE OF ANY METHOD FOR TERMINATING DEBATES IN THE SENATE-- POTENCY OF THE PRESIDENT'S VETO--ABUSE OF THE _CLOTURE_ IN THE HOUSE--PROCEDURE IN THE EVENT OF THE FAILURE OF THE PEOPLE TO ELECT A PRESIDENT OR A VICE-PRESIDENT--THE HAYES-TILDEN CONTEST--DANGER OF USURPATION OF POWER BY THE EXECUTIVE--THE SENATE AS A HIGH COURT OF IMPEACHMENT--TRIAL OF CHASE OF MARYLAND--TRIAL OF BELKNAP, SECRETARY OF WAR--TRIAL OF PRESIDENT JOHNSON.

It is a well-known fact in our political history that the convention which formulated our Federal Const.i.tution greatly exceeded the powers delegated to its members by their respective States. It was the supreme moment, and upon the action of the historic a.s.semblage depended events of far-reaching consequence. The Const.i.tution of the United States is the enduring monument to the courage, the forecast, the wisdom of the members of the Convention of 1787. It was theirs to cut the Gordian knot, to break with the past, and, regardless of the jealousies and antagonisms of individual States, to establish the more perfect union, which has been declared by an eminent British statesman "the greatest work ever struck off at a given time from the brain and purpose of man."

The oft-quoted expression of Gladstone is, however, more rhetorical than accurate. The Const.i.tution of the United States was not "struck off at a given time," but as declared by Bancroft, "the materials for its building were the gifts of the ages." In the words of Lieber, "What the ancients said of the avenging G.o.ds, that they were shod with wool, is true of great ideas in government.

They approach slowly. Great truths dwell a long time with small minorities."

The period following the treaty of peace with Great Britain in 1783, which terminated the War of the Revolution, has been not inaptly designated "the critical period of American history." The Revolutionary Government, under which Washington had been chosen to the chief command of the colonial forces, the early battles fought, and the Declaration of Independence promulgated, had been superseded in 1781 by a Government created under the Articles of Confederation. The latter Government, while in a vital sense a mere rope of sand, was a long step in the right direction; the earnest of the more perfect union yet to follow.

Under the Government, more shadowy than real, thus created, the closing battles of the Revolution were fought, independence achieved, a treaty of peace concluded, and our recognition as a sovereign Republic obtained from our late antagonist and other European nations.

The Articles of Confederation, submitted for ratification by the Colonial Congress to the individual States while the country was yet in the throes of a doubtful struggle, fell far short of establishing what in even crude form could properly be designated a Government. The Confederation was wholly lacking in one essential of all Governments: the power to execute its own decrees. Its avowed purpose was to establish "a firm league of friendship," or, as the name indicates, a mere confederation of the colonies.

The parties to this league were independent political communities, and by express terms, each State was to retain all rights, sovereignty, and jurisdiction not expressly delegated to the Confederation. In a Congress consisting of a single House were vested the powers thus grudgingly conferred. Its members were to be chosen by the States as such; upon every question the vote was given by States, each, regardless of population, having but a single vote. The revenues and the regulation of foreign commerce were to remain under the control of the respective States, and no provision was made for borrowing money for the necessary maintenance of the general Government. In a word, in so far as a Government at all, it was in the main one of independent States, and in no sense that with which we are familiar, a Government of the entire people. Whatever existed of executive power was in a committee of the Congress; the only provision for meeting the expenses of the late war and the interest upon the public debt was by requisition upon the States, with no shadow of power for its enforcement.

Under the conditions briefly mentioned, with the United States of America a byword among the nations, the now historic Convention of 1787 a.s.sembled in Philadelphia, in the room where eleven years earlier had been promulgated the Declaration of Independence.

It consisted of fifty-five members; and without a dissenting voice, Washington, a delegate from Virginia, was elected its President.

Not the least of his public services was now to be rendered in the work of safeguarding the fruits of successful revolution by a stable Government. Chief among the a.s.sociates with whom he was daily in earnest, anxious counsel in the great a.s.semblage, were men whose names live with his in history. If Franklin, Wilson, Sherman, King, Randolph, Rutledge, Mason, Pinckney, Hamilton, Madison, and their a.s.sociates had rendered no public service other than as builders of the Const.i.tution, that alone would ent.i.tle them to the measureless grat.i.tude of all future generations of their countrymen.

When they were a.s.sembled, the startling fact was at once apparent that, under the Confederation, with its const.i.tuent States at times in almost open hostility to one another, the country was gradually drifting into a condition of anarchy.

It is our glory to-day, and will be that of countless on-coming generations, that the men of '87 were equal to the stupendous emergency. Regardless of instructions, expressed or implied, the master spirits of the Convention, looking beyond local prejudices and State environment, and appealing to time for vindication, with a ken that now seems more than human, discerned the safety, the well-being, the glory of their countrymen, bound up in a general Government of plenary powers, a Government "without a seam in its garment, to foreign nations."

To this end the proposition submitted by Paterson of New Jersey, in the early sittings of the Convention, for a mere enlargement of the powers of the Confederation, was decisively rejected. With the light that could be gleaned from the pages of Montesquieu, the suggestive lessons to be drawn from the fate of the short-lived republics whose wrecks lay along the pathway of history, and from the unwritten Const.i.tution of the mother country, as their only guides, the leaders of the Convention were at once in the difficult role of constructive statesmen. The Herculean task to which with unwearied effort they now addressed themselves was that of "builders"

of the Const.i.tution; the establishers, for the ages, of the fundamental law for a free people.

One of the perils which early beset the Convention, and whose spectre haunted its deliberations till the close, was the hostility engendered by the dread and jealousy of the smaller toward the larger States. This fact will in some measure explain what in later years have been denominated the anomalies of the Const.i.tution.

To a correct understanding of the motives of the builders, and an appreciation of their marvellous accomplishment, it must not be forgotten that "The foundations of the Const.i.tution were laid in compromise." The men of '87 had but recently emerged from the b.l.o.o.d.y conflict through which they had escaped the domination of kingly power. With the tyranny of George the Third yet burning in their memories, it is not to be wondered that the Revolutionary patriots of the less populous States were loath to surrender rights, deemed, by them, secure under their local governments; that they dreaded the establishment of what they apprehended might prove an overshadowing--possibly unlimited--central authority.

The creation of a general Government, with its three separate and measurably independent departments, happily concluded, with the delegated powers of each distinctly enumerated, the salient question as to the basis of representation in the Congress at once pressed for determination. Upon the question of provision for a chief executive, and his investment with the powers necessarily incident to the great office, there was after much debate a practical consensus of opinion. And practical unanimity in the end prevailed regarding the judicial department, with its great court without a prototype at its creation, and even yet without a counterpart in foreign Governments.