The United States Since the Civil War Part 4

The less romantic packing business remained, however; ranches supplied the cattle, the railroads transported them, and improvements in refrigerating and canning made possible another development in domestic and foreign trade.

In addition to the expansion of the several economic interests of the various sections of the country, inventions and improvements were taking place which affected the general problems of production and distribution. Improvements in machinery saved forty to eighty per cent.

of the time and labor demanded in the production of important manufactured goods. Cheapened steel affected all kinds of industry. The development of steam-power and the beginnings of the practical use of electricity for power and light multiplied the effectiveness of human hands or added to human comfort. Cheaper and quicker transportation almost revolutionized the distribution of economic goods. The increased use of the telegraph and cable shortened distances and brought together producers and consumers that had in earlier times been weeks of travel apart.

The necessarily statistical character of an account of economic development should not obscure the meaning of its details. Increased population, with its horde of incoming aliens, created a demand for standing room, necessitated westward expansion, and made the West more than ever a new country with new problems. The growth of agriculture enlarged a cla.s.s that had not hitherto been as influential as it was destined to be, and brought into politics the economic needs of the farmer. Manufacturing brought great wealth into the hands of a few, created an increasing demand for protective tariffs and gave rise to strikes and other industrial problems. The concentration of especial interests in especial sections made likely the emergence of sectional antagonisms. Back of tariff and finance, therefore, back of transportation and labor, of new political parties and revolts in the old ones, of the great strikes and the increasing importance of some of the sections, lay the economic foundations of the new era.

BIBLIOGRAPHICAL NOTE

No thorough study of the economic history of the United States after the Civil War has yet been made. E.L. Bogart, _Economic History of the United States_ (1907), and various later editions, is the best single volume; E.E. Sparks, _National Development_ (1907), is useful. On the South, consult articles by St. G.L. Sioussat, in _History Teachers'

Magazine_ (Sept., Oct., 1916); P.A. Bruce, _Rise of the New South_ (1905); J.C. Ballagh (ed.), _South in the Building of the Nation_ (1909), vol. VI; M.B. Hammond, _Cotton Industry_ (1897). R.P. Porter, _West from the Census of 1880_ (1882), is a useful compendium. The Plains in the day of the cowboy are well described in Emerson Hough, _Pa.s.sing of the Frontier_ (1918); Emerson Hough, _Story of the Cowboy_ (1898); F.L. Paxson, _Last American Frontier_ (1910); and F.L. Paxson, "The Cow Country," in _American Historical Review_, Oct., 1916. N.A.

Miles, _Serving the Republic_ (1911), contains reminiscences of Indian conflicts. On the Far West, in addition to Porter, Hough and Paxson, Katharine Coman, _Economic Beginnings of the Far West_ (2 vols., 1912); H.K. White, _Union Pacific Railway_ (1898); L.H. Haney, _Congressional History of Railways_ (2 vols., 1908-1910); S.E. White, _The Forty-Niners_ (1918).

There is also an abundance of useful ill.u.s.trative fiction, such as: Bret Harte, _Luck of Roaring Camp_, and other stories (Far West); Edward Eggleston, _Hoosier Schoolmaster_ (Indiana); W.D. Howells, _Rise of Silas Lapham_ (New England); G.W. Cable, _Old Creole Days_ (New Orleans); C.E. Craddock, _In the Tennessee Mountains_; F.H.

Smith, _Colonel Carter_ (Virginia); Hamlin Garland, _Main Travelled Roads_ and _Son of the Middle Border_ (Middle West); P.L. Ford, _Hon.

Peter Sterling_ (New York); S.E. White, _Gold_ (California); and _Riverman_ (Lake Superior lumber); John Hay, _Breadwinners_ (industrial).

For other references to economic aspects of the period, see chapters IX, XI, XIV.

[1] The ratio was 151,912 but, by a provision of the Const.i.tution, states are given a representative even if they do not contain the requisite number.

[2] The most important advances in munic.i.p.al street railway transportation were made between 1875 and 1890. In 1876 New York began the construction of an overhead or elevated railway on which trains were drawn by small locomotives. The first electric street railways were operated in Richmond, Va., and in Baltimore. Electric street lighting was introduced in San Francisco in 1879.

[3] Hamlin Garland, _Main Travelled Roads_, portrays the hards.h.i.+ps of western farm life.

CHAPTER IV

POLITICAL AND INTELLECTUAL BACKGROUND OF THE NEW ISSUES

Powerful as economic forces were from 1865 to 1890, they did not alone determine the direction of American progress during those years.

Different individuals and different sections of the country reacted differently to the same economic facts; a formula that explained a phenomenon satisfactorily to one group, carried no conviction to another; political parties built up their platforms on economic self-interest, and yet they sometimes had their ideals; theories that seemed to explain economic development were found to be inadequate and were replaced by others; and practices that had earlier been regarded with indifference began to offend the public sense of good taste or morals or justice, and gave way to more enlightened standards. Some understanding is necessary, therefore, of the more common theories, ideals, creeds and practices, because they supplemented the economic foundations that underlay American progress for a quarter century after the war.

Since the Republican party was almost continuously in power during this period, its composition, spirit and ideals were fundamental in political history. Throughout the North, and especially in the Northeast, the intellectual and prosperous cla.s.ses, the capitalists and manufacturers, were more likely to be found in the Republican party than among the Democrats. In fact such party leaders as Senator George F. h.o.a.r went so far as to a.s.sert that the organization comprised the manufacturers and skilled laborers of the East, the soldiers, the church members, the clergymen, the school-teachers, the reformers and the men who were doing the great work of temperance, education and philanthropy. The history of the party, also, was no small factor in its successes. Many northerners had cast their first ballot in the fifties, with all the zeal of crusaders; they looked back upon the beginnings of Republicanism as they might have remembered the origin of a sacred faith; they thought of their party as the body which had abolished slavery and restored the Union; and they treasured the names of its Lincoln, its Seward, its Sumner and Grant and Sherman. The Republican party, wrote Edward MacPherson in 1888, in a history of the organization, is

both in the purity of its doctrines, the beneficent sweep of its measures, in its courage, its steadfastness, its fidelity, in its achievements and in its example, the most resplendent political organization the world has ever seen.

Senator h.o.a.r declared that no party in history, not even that which inaugurated the Const.i.tution, had ever accomplished so much in so short a time. It had been formed, he said, to prevent the extension of slavery into the territories, but the "providence of G.o.d imposed upon it far larger duties." The Republican party gave "honest, wise, safe, liberal, progressive American counsel" and the Democrats "unwise, unsafe, illiberal, obstructive, un-American counsel." He remembered the Republican nominating convention of 1880 as a scene of "indescribable sublimity," comparable in "grandeur and impressiveness to the mighty torrent of Niagara."

During the generation after the war the recollection of the struggle was fresh in men's minds and its influence was a force in party councils. The Democrats were looked upon as having sympathized with the "rebellion" and having been the party of disunion. In campaign after campaign the people were warned not to admit to power the party which had been "traitor" to the Union. Roscoe Conkling, the most influential politician in New York, declared in 1877 that the Democrats wished to regain power in order to use the funds in the United States Treasury to repay Confederate war debts and to provide pensions for southern soldiers. As late even as 1888 the nation was urged to recollect that the Democratic party had been the "mainstay and support of the Rebellion," while the Republicans were the "party that served the Nation."

At a later time it was pointed out that the party had not been founded solely on idealism; that the adherence of Pennsylvania to the party, for example, was due at least in a measure to Republican advocacy of a protective tariff; that Salmon P. Chase and Edwin M. Stanton, two of the leading members of Lincoln's cabinet had been Democrats; and that Lincoln's second election and the successful outcome of the war had been due partly to the support of his political opponents. As time went on, also, some of the leaders of the Republican party declared that its original ideals had become obscured in more practical considerations.

They felt that abuses had grown up which had been little noticed because of the necessity of keeping in power that party which they regarded as the only patriotic one. They a.s.serted that many of the managers had become arrogant and corrupt. All this helped to explain the strength of such revolts as that of the Liberal Republican movement of 1872. Nevertheless, during the greater part of the twenty-five years after the war, hosts of Republicans cherished such a picture as that drawn by Senator h.o.a.r and Edward MacPherson, and it was that picture which held them within the party and made patriotism and Republicanism synonymous terms.

These Republicans, however, who took the more critical att.i.tude toward their party formed the core of the "Mugwump" or Independent movement.

Their philosophy was simple. They believed that there ought to be a political element which was not rigidly controlled by the discipline of party organization, which would act upon its own judgment for the public interest, and which should be a reminder to both parties that neither could venture upon mischievous policies without endangering its control over the machinery of government. Theoretically, at least, the Independent believed that it was more important that government be well administered than that it be administered by one set of men or another.

The weakness of this group, aside from its small size, was its impatience and impracticability. By nature the Independent was an individualist, forming his own opinion and holding it with tenacity. In such a body there could not be long-continued cooperation or singleness of purpose; each new problem caused new decisions resulting in the break-up of the group and the formation of new alignments. The Independent group, therefore, varied in strength from campaign to campaign. To the typical party worker, who looked upon politics as a warfare for the spoils of office, the Independent was variously denounced as a deserter, a traitor, an apostate and a guerilla deploying between the lines and foraging now on one side and now on the other. To the party wheel-horse, independent voting seemed impracticable, and the atmosphere of reform too "highly scented."

The Democrats, laboring under the disadvantage of a reputation for disloyalty during the war, and kept out of power for most of the time during the period, were forced into a defensive position where they could complain or criticize, but not present a program of constructive achievement. They denounced the election of 1876 as a great "fraud"; they looked upon the Republicans as the organ of those who demanded cla.s.s advantages; they condemned the party as wasteful, corrupt and extravagant in administration, careless of the distress of the ma.s.ses, and desirous of increasing the authority of the federal government at the expense of the powers of the states. Their own mission they felt to be the constant a.s.sertion of the opposite principles of government and administration. They felt that they in particular represented government by the people for the equal good of all cla.s.ses. In conformity to what they believed to be the principles of Jefferson and Jackson they professed faith in the capacity of the plain people. They advocated frugality and economy in government expenditure and looked with alarm on any extension of federal power that invaded the traditional domain of local activity.

The intensification of party spirit and party loyalty, which was so typical of the times, "delivered the citizen more effectually, bound hand and foot, into the power of the party embodied in its Organization." The organization, meanwhile, was being improved and strengthened. Its permanent National Committee which had existed from _ante-bellum_ days, was supplemented in both parties immediately after the war by the congressional committee, whose mission it was to carry the elections for the House of Representatives. Increased attention was paid to state and local organizations. Party conventions in states and counties chose delegates to national conventions and nominated candidates for office. State, county and town committees raised money, employed speakers, distributed literature, formed torch-light companies to march in party processions and, most important of all, got out the voters on election day. By such means the National Committee was enabled to keep in close touch with the rank and file of the party, and so complete did the organization become that it deserved and won the name, "the machine."

The master-spirit of the machine was usually the "Boss," a professional politician who generally did not himself hold elective office or show concern in constructive programs of legislation or in the public welfare. Instead, his interests lay in winning elections; dividing the offices among the party workers; distributing profitable contracts for public work; procuring the pa.s.sage of legislation desired by industrial or railroad companies, or blocking measures objected to by them. A vivid picture of the activities of the boss in New York, drawn by Elihu Root, will serve to portray conditions in many states and cities from 1865 to 1890:

From the days of Fenton, and Conkling, and Arthur, and Cornell, and Platt, from the days of David B. Hill, down to the present time, the government of the state has presented two different lines of activity, one of the const.i.tutional and statutory officers of the state, and the other of the party leaders,--they call them party bosses. They call the system--I do not coin the phrase, I adopt it because it carries its own meaning--the system they call "invisible government." For I do not remember how many years, Mr.

Conkling was the supreme ruler in this state; the governor did not count, the legislatures did not count; comptrollers and secretaries of state and what not, did not count. It was what Mr. Conkling said; and in a great outburst of public rage he was pulled down.

Then Mr. Platt ruled the state; for nigh upon twenty years he ruled it. It was not the governor; it was not the legislature; it was not any elected officers; it was Mr. Platt. And the capitol was not here (in Albany); it was at 49 Broadway; with Mr. Platt and his lieutenants. It makes no difference what name you give, whether you call it Fenton or Conkling or Cornell or Arthur or Platt, or by the names of men now living. The ruler of the state during the greater part of the forty years of my acquaintance with the state government has not been any man authorized by the const.i.tution or by the law.[1]

Under such conditions, corruption was naturally a commonplace in politics. In the campaigns, the party managers were too often men to whom "nothing was dreadful but defeat." At every Presidential election, immense sums of money were poured into the most important doubtful states--Connecticut, New York, New Jersey and Indiana. Twenty to seventy-five dollars was said to have been the price of a vote in Indiana in 1880; and ten to fifteen per cent. of the vote in Connecticut was thought to be purchasable. In New York ballot-box stuffing and repeating were the rule in sections of the city. Employers exerted a less crude but equally efficacious pressure upon their employees to vote "right." Munic.i.p.al government also was often characterized by that extreme of corruption which called out the scorn of writers on public affairs. The New York _Times_ complained in 1877 that the government of the city was no more a popular government than Turkish rule in Bulgaria, and that if the Tammany leaders did not collect revenue with the horse-whip and sabre, it was because the forms of law afforded a means that was pleasanter, easier and quite as effective.

Federal officials, it must be admitted, did not set a high standard for local officers to follow. During Grant's administration five judges of a United States Court were driven from office by threats of impeachment; members of the Committee on Military Affairs in the House of Representatives sold their privilege of selecting young men to be educated at West Point; and candidates for even the highest offices in the gift of the nation were sometimes men whose political past would not bear the light of day. More difficult to overcome was the lack of a decent sense of propriety among many public officers. Members of the Senate practiced before the Supreme Court, the justices of which they had an important share in appointing; senators and representatives traded in the securities of railroads which were seeking favors at the hands of Congress; and even in the most critical circles, corrupt practices were condoned on the ground that all the most reputable people were more or less engaged in similar activities. Most difficult of all to understand was the unfaltering support accorded by men of the utmost integrity to party leaders whose evil character was known on all sides. Men who would not themselves be guilty of dishonest acts and who vehemently condemned such deeds among their political opponents, failed to make any energetic protest within their own ranks for fear that they might bring about a party split and thus give the "enemy" a victory.

The political practices which prevailed after 1865 for at least a quarter of a century were notoriously bad. Yet the student of the period must be sensitive to higher aspirations and better practices among many of the politicians, and among the rank and file of the people. George F. h.o.a.r, John Sherman, Rutherford B. Hayes, Grover Cleveland and many others were incorruptible. The exposure of scandalous actions on the part of certain high officials blasted their careers, indicating that the body of the people would not condone dishonesty, and the parties found it advisable to accept the resignations of some of their more notorious campaign managers.

Moreover, the American people of all cla.s.ses were a political people, with a capacity for political organization and activity, and with a pa.s.sion for change. The cruder forms of corruption were successfully combated, and the popular, as well as the official sense of good taste and propriety gradually reached higher levels.

Another fundamental political consideration after the Civil War was the gradual reduction of the power of the executive department. During the war the authority exercised by President Lincoln had risen to great heights, partly because of his personal characteristics and partly because the exigencies of the times demanded quick executive action.

After the conflict was past, however, the legislative body naturally rea.s.serted itself. Moreover, the quarrel between President Johnson and Congress, as has been shown, took the form of a contest for control over appointments to office and especially over appointments to the cabinet. The resulting impeachment, although it did not result in conviction, brought about a distinct shrinkage in executive prestige.

Grant was so inexperienced in politics and so naive in his judgments of his a.s.sociates that he fell completely into the power of the machine and failed to revive the former importance and independence of his office.

The ascendancy which thus slipped out of the hands of the executive was seized by the Senate, where it remained for a long period, despite efforts on the part of the president and the House of Representatives to prevent it. So remarkable and continuous a domination is not to be explained by a single formula. The long term of the members of the Senate, the traditional high reputation of the body and the undoubted ability of many of its members a.s.sisted in upholding its prestige. Its small size as compared with the House of Representatives gave it greater flexibility. Furthermore, certain Senate practices were instrumental in giving that body its primacy. Under the provisions of the Const.i.tution the Senate has power to ratify or reject the nominations of the executive to many important positions within his gift, and by the close of reconstruction it had acquired a firm control over such appointments. "Senatorial courtesy" bade every member, regardless of party, to concur with the decision of the senators from any state with regard to the appointments in which they were interested. When, therefore, the executive wished to change conditions in a given office he must have the acquiescence of the senators from the state in which the change was to occur. If he did not, the entire body would rally to the support of their colleagues and refuse to confirm the objectionable nominations. With such a weapon the Senate was usually able to force the executive into submission, or at least to make reforms extremely difficult. In Senator h.o.a.r's suggestive words, senators went to the White House to give advice, not to receive it.

In connection with revenue legislation the Senate seized the leaders.h.i.+p by means of an evasion of the Const.i.tution. According to the terms of that doc.u.ment, all bills for raising revenue must originate in the House of Representatives, but the Senate may propose amendments.

Relying upon this power the Senate constantly revised measures to the extent of changing their character completely and even of grafting part or all of one proposal upon the t.i.tle of another. In one case, early in the period, the Senate "amended" a House bill of four lines which repealed the tariff on tea and coffee; the "amendment" consisted of twenty pages, containing a general revision of customs duties and internal revenue taxes. At a later time the Senate Finance Committee drew up a tariff bill even before Congress had a.s.sembled.

The primacy of the Senate quickly led to recognition of the value of seats in it. Influential state politicians sought election in order to control the patronage. Competent judges in the early nineties declared, for example, that the senators from New York, Pennsylvania and Maryland were all of this type. Another considerable fraction was composed of powerful business men, directors in large corporations, who found it to their advantage to be in this most influential law-making body and who were known as oil or silver or lumber senators. So was laid the foundation of the complaint that the Senate was a millionaires' club.

And so, too, it came about that much of state politics revolved about the choice of members for the upper house, for senators were elected by the state legislatures until long after 1890. The power of the House of Representatives, in contrast with the Senate, was relatively small except during the single session 1889-1891, when Thomas B. Reed was in control, although individual members sometimes wielded considerable influence.

Somewhat comparable to the s.h.i.+ft in the center of power from one federal authority to another, was the change which took place in the relative strength of the state and national governments. This transfer was most clearly seen in the decisions of the Supreme Court in cases involving the Fourteenth Amendment.

Previous to 1868, when the Amendment became part of the Const.i.tution, comparatively little state legislation relating to private property had been reviewed by the Court. Ever since the establishment of the federal government, cases involving the const.i.tutionality of state legislation had been appealed to United States Courts when they had been objected to as running counter to the clauses of the Const.i.tution forbidding states to enact bills of attainder, _ex post facto_ laws, or laws impairing the obligation of contracts. Their number, however, had been relatively small, and normally the acts of state legislatures had not been reviewed by federal courts; or in other words the tendency had been to preserve the individuality and strength of the several states.

After the war, the Fourteenth and Fifteenth Amendments placed additional prohibitions on the states, and the decisions of the Supreme Court determined the meaning and extent of the added provisions. The interpretation of the Fourteenth Amendment was especially important.

Most significant was the interpretation of Section 1, which reads as follows:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So vague and inclusive were these phrases that many important questions immediately sprang from them. What were the privileges and immunities of the citizen? Did those of the citizen of the United States differ from those of the citizen of a state? Was a corporation a person? What was liberty? What was due process of law? Hitherto the protection of life, liberty and property had rested, in the main, upon the individual states, and cases involving these subjects had been decided by state courts. Were the state courts to be superseded, in relation to these vital subjects, by the United States Supreme Court?

It has already been shown that the purpose of the Fourteenth Amendment was the protection of the recently freed negro. The Thirteenth Amendment had forbidden slavery, but the southern states had pa.s.sed apprentice and vagrancy laws which reduced the negro to a condition closely resembling slavery in certain of its aspects. The Fourteenth Amendment was designed to remedy such a condition by forbidding the states to abridge the privileges of citizens, or to deprive persons of life, liberty or property. Were the very vague phrases of the Amendment merely in keeping with the vagueness of many of the other grants of power in the Const.i.tution, or were they designedly expressed in such a way as to accomplish something more than the protection of the freedman?

The first decision of the Supreme Court involving the Amendment was that given in the Slaughter House Cases in 1873, which did not concern the negro in any way. In 1869 the legislature of Louisiana had given a corporation in that state the exclusive right to slaughter cattle within a large area, and had forbidden other persons to construct slaughter-houses within the limits of this region, but the corporation was to allow any other persons to use its buildings and equipment, charging fixed fees for the privilege. Cases were brought before the courts to determine whether the law violated that part of the Fourteenth Amendment which forbids a state to pa.s.s laws abridging the privileges of citizens and taking away their property without due process of law. By a vote of five to four the Court upheld the const.i.tutionality of the statute.

The majority held that the purpose of the Amendment was primarily the protection of the negro. This purpose, the Court thought, lay at the foundation of all three of the war amendments and without it no one of them would ever have been suggested. The majority did not believe that the Congress which pa.s.sed the amendments or the state legislatures which ratified them intended to transfer the protection of the great body of civil rights from the states to the federal government. Neither did they think that due process of law had been interfered with by the Louisiana legislation. In reply to the objection that the slaughter-house law violated the clause, "nor shall any State deny to any person within its jurisdiction the equal protection of the laws,"

the majority declared: