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the cleveland era-第4章

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 reform and in its provision of means by which the President could apply those principles。 A Civil Service Commission was created; and the President was authorized to classify the Civil Service and to provide selection by competitive examination for all appointments to the service thus classified。 The law was essentially an enabling act; and its practical efficacy was contingent upon executive discretion。



CHAPTER II。 POLITICAL GROPING AND PARTY FLUCTUATION

President Garfield's career was cut short so soon after his accession to office; that he had no opportunity of showing whether he had the will and the power to obtain action for the redress of public grievances; which the congressional factions were disposed to ignore。 His experience and his attainments were such as should have qualified him for the task; and in his public life he had shown firmness of character。 His courageous opposition to the greenback movement in Ohio had been of great service to the nation in maintaining the standard of value。 When a party convention in his district passed resolutions in favor of paying interest on the bonds with paper instead of coin; he gave a rare instance of political intrepidity by declaring that he would not accept the nomination on such a platform。 It was the deliberate opinion of Senator Hoar; who knew Garfield intimately; that 〃next to the assassination of Lincoln; his death was the greatest national misfortune ever caused to this country by the loss of a single life。〃

The lingering illness of President Garfield raised a serious question about presidential authority which is still unsettled。 For over two months before he died he was unable to attend to any duties of office。 The Constitution provides that 〃in case of the removal of the President from office; or of his death; resignation; or inability to discharge the powers and duties of the said office; the same shall devolve on the Vice…President。〃 What is the practical significance of the term 〃inability〃? If it should be accepted in its ordinary meaning; a prostrating illness would be regarded as sufficient reason for allowing the Vice…President to assume presidential responsibility。 Though there was much quiet discussion of the problem; no attempt was made to press a decision。 After Garfield died; President Arthur; on succeeding to the office; took up the matter in his first annual message; putting a number of queries as to the actual significance of the language of the Constitutionqueries which have yet to be answered。 The rights and duties of the Vice…President in this particular are dangerously vague。 The situation is complicated by a peculiarity of the electoral system。 In theory; by electing a President the nation expresses its will respecting public policy; but in practice the candidate for President may be an exponent of one school of opinion and the candidate for Vice…President may represent another view。 It is impossible for a voter to discriminate between the two; he cannot vote for the candidate for President without voting for the candidate for Vice…President; since he does not vote directly for the candidates themselves but for the party electors who are pledged to the entire party ticket。 Party conventions take advantage of this disability on the part of the voter to work an electioneering device known as a 〃straddle;〃 the aim of which is to please opposite interests by giving each a place on the ticket。 After Garfield was nominated; the attempt was made to placate the defeated faction by nominating one of its adherents for Vice…President; and now that nominee unexpectedly became the President of the United States; with power to reverse the policy of his predecessor。

In one important matter there was; in fact; an abrupt reversal of policy。 The independent countries of North and South America had been invited to participate in a general congress to be held in Washington; November 24; 1881。 James Gillespie Blaine; who was then Secretary of State; had applied himself with earnestness and vigor to this undertaking; which might have produced valuable results。 It was a movement towards closer relations between American countries; a purpose which has since become public policy and has been steadily promoted by the Government。 With the inauguration of President Arthur; Blaine was succeeded by Frederick T。 Frelinghuysen of New Jersey; who practically canceled the invitation to the proposed Congress some six weeks after it had been issued。 On February 3; 1889; Blaine protested in an open letter to the President; and the affair occasioned sharp discussion。 In his regular message to Congress in the following December; the President offered excuses of an evasive character; pointing out that Congress had made no appropriation for expenses and declaring that he had thought it 〃fitting that the Executive should consult the representatives of the people before pursuing a line of policy somewhat novel in its character and far…reaching in its possible consequences。〃

In general; President Arthur behaved with a tact and prudence that improved his position in public esteem。 It soon became manifest that; although he had been Conkling's adherent; he was not his servitor。 He conducted the routine business of the presidential office with dignity; and he displayed independence of character in his relations with Congress。 But his powers were so limited by the conditions under which he had to act that to a large extent public interests had to drift along without direction and management。 In some degree; the situation resembled that which existed in the Holy Roman Empire when a complicated legalism kept grinding away and pretentious forms of authority were maintained; although; meanwhile; there was actual administrative impotence。 Striking evidence of the existence of such a situation is found in President Arthur's messages to Congress。

In his message of December 6; 1881; the President mentioned the fact that in the West 〃a band of armed desperadoes known as 'Cowboys;' probably numbering fifty to one hundred men; have been engaged for months in committing acts of lawlessness and brutality which the local authorities have been unable to repress。〃 He observed that 〃with every disposition to meet the exigencies of the case; I am embarrassed by lack of authority to deal with them effectually。〃 The center of disturbance was in Arizona; and the punishment of crime there was ordinarily the business of the local authorities。 But even if they called for aid; said the President; 〃this Government would be powerless to render assistance;〃 for the laws had been altered by Congress so that States but not Territories could demand the protection of the national Government against 〃domestic violence。〃 He recommended legislation extending to the Territories 〃the protection which is accorded the States by the Constitution。〃 On April 26; 1882; the President sent a special message to Congress on conditions in Arizona; announcing that 〃robbery; murder; and resistance to laws have become so common as to cease causing surprise; and that the people are greatly intimidated and losing confidence in the protection of the law。〃 He also advised Congress that the 〃Cowboys〃 were making raids into Mexico; and again begged for legal authority to act。 On the 3rd of May; he issued a proclamation calling upon the outlaws 〃to disperse and retire peaceably to their respective abodes。〃 In his regular annual message on December 4; 1882; he again called attention 〃to the prevalent lawlessness upon the borders; and to the necessity of legislation for its suppression。〃

Such vast agitation from the operations of a band of ruffians; estimated at from fifty to one hundred in number; and such floundering incapacity for prompt action by public authority seem more like events from a chronicle of the Middle Ages than from the public records of a modern nation。 Of like tenor; was a famous career which came to an end in this period。 Jesse W。 James; the son of a Baptist minister in Clay County; Missouri; for some years carried on a bandit business; specializing in the robbery of banks and railroad trains; with takings computed at 263;778。 As his friends and admirers were numerous; the elective sheriffs; prosecuting attorneys; and judges in the area of his activities were unable to stop him by any means within their reach。 Meanwhile; the frightened burghers of the small towns in his range of operations were clamoring for deliverance from his raids; and finally Governor Crittenden of Missouri offered a reward of 10;000 for his capture dead or alive。 Two members of his own band shot him down in his own house; April 3; 1882。 They at once reported the deed and surrendered themselves to the police; were soon put on trial; pleaded guilty of murder; were sentenced to death; and were at once pardoned by the Governor。 Meanwhile; the funeral ceremonies over Jesse James's remains drew a great concourse of people; and there were many indications of popular sympathy。 Stories of his exploits have had an extensive sale; and his name has become a center of legend and ballad somewhat after the fashion of the medieval hero Robin Hood。

The legislative blundering which tied the President's hands and made the Government impotent to protect Americ
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