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acter could alone win the admiration of the people of the growing, thriving, bustling, eager communities of the West. John Quincy Adams, though one of the best Presidents the country has ever seen, was not a popular one. A widespread notion prevailed that there was danger of the formation of an aristocracy, and it was believed that Jackson represented the people, and had been unjustly set aside when Adams was chosen by the House of Representatives four years before. Andrew Jackson was carried into office on a wave of popular enthusiasm. Ch. XXVIII.

Spoils System. This is the practice of regarding public offices and their emoluments as so much plunder to be given to active partisans by those who are chosen to the greater administrative offices. Although Andrew Jackson in 1829 really meant to carry out his task of reform and remove no man from office without sufficient reason, he succeeded only in demoralizing the public service, since he took the advice of unscrupulous men intent only upon their own selfish ends. The practice antedates the day of that great hater of corporate greed and private advantage from public office. Ch. XXVIII.

That One-day President.-The assertion is sometimes made that on Sunday, March 4, 1849, Senator David Rice Atchison of Missouri, who was then President pro tempore of the Senate, was President of the United States, virtually for that day. He never was President virtually or otherwise. In 1793 Congress enacted that, in the event of no President or Vice President being ready to succeed, the office should devolve upon the President of the Senate, and next on the Speaker of the House of Representatives. This law was changed in 1886. Now Zachary Taylor and Millard Fillmore were in Washington on March 4, 1849. It being Sunday, they permitted an interregnum to follow until the next day. Senator Atchison took no oath as President, and without taking such he could not exercise the office. Zachary Taylor could have taken the oath at any time after noon on March 4, 1849. No pompous inauguration is demanded; nor, indeed, is the Chief Justice needed to administer the oath. Chester A,

Arthur took the oath of office before State Judge Brady, in New York, at two o'clock in the morning. Theodore Roosevelt took the oath of office in Buffalo, before Judge Hazel of the United States Courts.

At the psychological moment when the terms of office of Polk and Dallas expired, those of Taylor and Fillmore began, although the discharge of their duties awaited their taking the oath of office. The "virtuality" of Senator Atchison is visionary, unless by some sudden death the elected officials had been removed.

Dual Executive.—A plan whereby the power which the South originally possessed might be restored through an amendment to the Constitution was put forth by Calhoun,-shortly before his death in 1850, and provided for the election of one President from the free States and one from the slave States, thus forming a dual Executive. The consent of both was to be required to all Acts of Congress before such legislation could become laws.

Ch. XXVIII. Chief Justice Marshall and President Jefferson.-During the trial of Aaron Burr for treason, there developed the spectacle of open antagonism between the President of the United States and the Chief Justice. This culminated in the issue by the Chief Justice to President Jefferson of a subpoena to appear and produce certain papers. The President produced the papers, but refused to appear. Marshall received a large amount of criticism, but adhered to his interpretation of treason as defined in the Constitution, and the jury rendered a verdict of not guilty under the influence of the opinion of the Chief Justice on the law in the case. Burr, however, disappeared from public view; and died in poverty and neglect in 1836. Ch. XXVIII.

The Japanese Treaty.-The Arbitration Treaty between the United States and Japan which was signed on May 5, 1908, by Secretary Root and Baron Kogoro Takahira, the Japanese ambassador to this country, is the product of no special conditions but has been drawn in simple obedience to an agreement entered

into by the powers at The Hague Peace Conference. The purport of this was that whatever disputes among the nations are found suitable for arbitration they should be adjusted in this way. Treaties to this end have already been negotiated by our government with several foreign powers, and the extension of the same civility to Japan occurred naturally and necessarily. No possible compromise of rights that need to be conserved is involved. Moreover, the treaty is but for a short period. Unless there is a renewal, it will be in force only five years.

Memorial Day at Kingston, N. Y., 1908.-It will be profitable for school teachers to recall for the benefit of their pupils the career of George Clinton, who was Vice President under Jefferson and Madison. His body, exhumed from the Congressional cemetery at Washington, was reinterred on Memorial Day at Kingston, N. Y., the old capital. His Revolutionary service will serve to stir the patriotic young mind, and his casting vote against renewing the charter of the United States bank was the prelude of an exciting chapter in history. Theodore Roosevelt, as Vice President, decided a tie vote and gave the country its present policy as to the Philippines and other insular possessions.

Ch. XXVIII.

The Chicago Strike.-The employees of the Pullman Car Company of Chicago began, May 11, 1894, a strike which presently became a very formidable affair. With their sympathizers they mustered in dangerous numbers, and began efforts to prevent the use of Pullman cars by any of the railroads running out of Chicago. Their violence seemed about to stop all traffic on the roads, but President Cleveland intervened and gave the country a touch of his quality as an executive officer. Neither Governor Altgeld nor the Federal Courts had acted or asked for assistance in their various functions. But the President took the initiative deliberately and assumed all responsibility, on the ground that the strikers were preventing the mail service and the course of interstate commerce. The carrying of the mails and the protection of the commerce between the States were indisputable duties

of the Federal Government. United States troops were ordered to the points of disturbance, and a proclamation was issued which practically declared the disturbed regions in a state of insurrection, and threatened severe action against all rioters as against public enemies. Order was restored, and the law prevailed.

Ch. XXVIII. Strikes and Lockouts.-The Constitution of the United States is silent upon the subject of labor; all such problems must be solved by the State. In like manner, the earlier State constitutions contain nothing about labor, because there were then no great labor organizations nor labor problems. But, in recent years, clauses pertaining to labor have been introduced into some of the constitutions. Wyoming declares: "The rights of labor shall have just protection through law calculated to secure to the laborer proper rewards for his service and to promote the industrial welfare of the State." Idaho and California forbid the employment of Chinese laborers upon public works, State or municipal. North Dakota declares that every citizen shall be free to obtain employment wherever possible, and forbids black lists between corporations. The constitution of Louisiana forbids the passage of any law fixing the wages of manual labor. Several States have attempted to protect trades unions by making it a misdemeanor to discharge an employee for belonging to a labor organization. However, statutes which interfere with the freedom of contract will not receive the support of public opinion. But the Supreme Court of the United States has decided that the law enacted in Utah, where the statute forbids men from working more than eight hours per day in the mines, is constitutional, although it practically denies freedom of contract; the ground of the decision being the fact that working in mines is a matter that properly comes under the police power of the State.

In the warfare between capital and labor, the chief weapons of the employer are the black list and the lockout; while those of the employees are the strike and the boycott. Society feels severely the results of industrial war. All parts of the country and classes of Am. Cit.-27

society suffer keenly whenever a strike is declared. Many of the States have established boards of arbitration, before which the disputes of employers and employees may be settled. Boards of arbitration, however, must depend upon the power of public opinion to give their decisions weight, for in no State is there compulsory arbitration. Men must be protected in their right to remain out of a union when they choose to assert that right. There can be no freedom if any organization outside of the Government itself can enforce its rules upon an individual. Government, and Government only, can coerce an American citizen. Ch. XXVIII.

Inauguration Day.-At the time of the adoption of the Federal Constitution, the first Wednesday in March was set as the time for commencing operations under the new government. This day happened in 1789 to fall on the fourth of the month, and hence was it that three years later Congress decreed that each Presidential term shall begin on the fourth of March next following the day on which the votes of the Electors are counted. In accordance with this law our Presidents have ever since, with eight exceptions, been sworn into office at noon on the fourth day of March. Five times the Vice President has succeeded to the office on the death of the President. Three times has the day named by Congress fallen on Sunday, and the oath of office has been taken on the fifth of March. The first of these occasions was in 1821; the second in 1849; and the third in 1877.

The formal inauguration of the President on the fourth day of March is the outward and visible sign that the people have decided to whom they will intrust the government for the four years following the inauguration. It is the fitting ceremony which marks the arrival of the incoming President at the threshold of his term of office. Like most forms and ceremonies of the larger sort, this one is symbolic and has its deeper meaning. It is not merely the induction of a man into office; it is the formal act by which a President and his party are clothed with all the power conferred by the Constitution upon the National Government. They bring with them their policies and principles, and the

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