قراءة كتاب Ethics in Service

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‏اللغة: English
Ethics in Service

Ethics in Service

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دار النشر: Project Gutenberg
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again. Now I do not approve of profanity generally, but somehow or other I rather like that story because it lets in a little light on Washington and shows he was a man with good red blood.

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 prerogative power, or that he is going back to the time of Imperial Rome. This might frighten an inexperienced man, but in reality it is mere bluster. As a matter of fact, the President represents the people in a much wider sense than any particular Congressional orator, for he was elected by all the people, while the Congressman was chosen by only one district. The Constitution says that if he disapproves of an act, he shall send it back with his objections and it enjoins upon him the duty of examining every act and every bill that comes to him, to see whether it ought to pass. He vetoes, therefore, in his representative capacity, with legislative and suspensive, but not absolute, power. A vetoed act is returned to the House, and if its supporters can succeed in getting a two-thirds majority in each House, the bill can still pass over his veto. This rarely happens, however, for the President can usually give reasons good enough to command the vote of at least the one-third of one House that is necessary to sustain his veto.

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 necessary. Of that he alone is the judge. Early in our history certain state judges thought that the commander of the militia in each state should pass on the question as to whether an emergency had arisen which would justify the President in calling out the militia, but that was one hundred years ago.

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 take care of this; I have not asked you to bring these men in here. Under the Constitution it is necessary for the governor or legislature to request the President to send troops in to suppress domestic insurrection which the governor of the state cannot control."

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 introduced a quasi-civil government, appointing a civil governor and commission, whom he authorized to pass laws—subject to veto of the Secretary of War—and to enforce them. He thus carried on a complete government in Porto Rico, Cuba and the Philippines under his power as Commander-in-Chief until Congress became sufficiently advised to enact needed legislation for their government. Cuba was turned over to her people, a Republic was set going. Then after several years, circumstances made it necessary for us to step in and take Cuba again. They had gotten into a row, as they frequently do in those Latin-American countries, and they were having a revolution.

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 house of the American Minister in a suburb just between the lines, and we did what we could to compose the situation. In those countries when they have a revolution, the first thing they do is to elect generals. The next thing they do is to determine what the uniform of the generals shall be, and then they get the guns and last of all they organize. President Palma became discouraged and resigned so that I had to proclaim myself Provisional Governor of Cuba. The Platt Amendment said that the United States could go into Cuba to preserve order; but the question was whether the President had the authority to go in without authorization by a resolution of Congress. I always thought that he had and Congress seemed to agree to it. So we went in, established a provisional government, passed a good election law, held an election and, at the end of a year, turned back the government to the Cubans, where it now is.

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 hands before Congress could declare it. The President thereupon declared a blockade of the Southern ports and the question then came up as to whether it was a legal blockade so that prizes might be taken as in a naval war. Our war vessels had captured merchant vessels trying to run the blockade, had taken them into

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