Democracy and Liberty. William Edward Hartpole Lecky

in the front rank of civilisation, and to have furnished the supreme pattern of the democracies of the future. Mr. Bryce does all that is in his power to soften the picture. He believes that the corrupt judges are only a small minority in a few States, and that there is no evidence that even the New York judges, in ordinary commercial cases, where no political interest came into play, and where the influence of particular persons was not exerted, decided unjustly or ‘took direct money bribes from one of the parties.’ He also takes a long historical flight over nearly three thousand years for the purpose of collecting parallel enormities. Hesiod complained of kings who received gifts to influence their decisions. Felix expected money for releasing St. Paul. Among the great despotisms of the East judicial corruption has always been common. In a single instance since the Revolution an English chancellor was found to have taken bribes; and in some of the more backward countries of Europe ‘the judges, except, perhaps, those of the highest court, are not assumed by general opinion to be above suspicion.’

Such arguments may be left to stand on their own merits. Of all the many functions which government is expected to discharge, the most important to the happiness of mankind is that of securing equal justice between man and man. No statesmen were more conscious of this truth than the great men who framed the Constitution of the United States; and, under the conditions of their time, they probably provided for it almost as perfectly as human prescience could have done. It would be a grave injustice to the American people to suppose that they were not in general a law-abiding people: they have more than once suppressed disorder in the States with an unflinching energy and a truly merciful promptness of severity which English Administrations might well imitate; and over a great part of the States honest justice is undoubtedly administered. But no one, I think, can follow American history without perceiving how frequently and seriously the democratic principle has undermined this first condition of true freedom and progress. As Mill justly says, the tyranny of the majority is not only shown in tyrannical laws. Sometimes it is shown in an assumed power to dispense with all laws which run counter to the popular opinion of the hour. Sometimes it appears in corrupt, tainted, partial administration of existing laws. Tyranny seldom assumes a more odious form than when judges, juries, and executives are alike the tools of a faction or a mob.

      Closely connected with this great abuse has been the system of treating all the smaller posts and offices, both under the Federal and the State governments, as rewards for party services, and changing the occupants with each change of political power. This is the well-known ‘spoils system,’ and it has permeated and corrupted American public life to its very roots. It did not exist in the early days of the Republic. Washington, in the eight years of his presidency, only removed nine officials, and all for definite causes. John Adams made the same number of changes. Jefferson made thirty-nine; and the three Presidents who followed only removed sixteen in the space of twenty years. John Quincy Adams, the last of this line of Presidents, was in this respect scrupulously just. ‘As he was about the last President,’ writes Mr. Goldwin Smith, ‘chosen for merit, not for availability, so he was about the last whose only rule was not party, but the public service. So strictly did he preserve the principle of permanency and purity in the Civil Service, that he refused to dismiss from office a Postmaster-General whom he knew to be intriguing against him.’

      The great evil which was impending was largely prepared by an Act of 1820, which limited the term of office of a vast number of subordinate officials to four years, and at the same time made them removable at pleasure. The modern system of making all posts under the Government, however unconnected with politics, rewards for party services was organised, in 1829, by Andrew Jackson. This President may be said to have completed the work of making the American Republic a pure democracy, which Jefferson had begun. His statue stands in front of the White House at Washington as one of the great men of America, and he assuredly deserves to be remembered as the founder of the most stupendous system of political corruption in modern history. It began on a comparatively small scale. About 500 postmasters were at once removed to make room for partisans, and all the more active partisans, including, it is said, fifty or sixty leading newspaper writers, received places, the propagation of Government views through the press having now become, according to Webster, ‘the main administrative duty.’ In a short time the dismissals under this President numbered about 2,000.⁴⁰

      This was the beginning of a system which has spread like a leprosy over all political life, and to which there is, I believe, no adequate parallel in history. It is not easy to obtain exact statistics about the extent to which it has been practised. A very eminent American writer, who is distinguished not only for his high character, but also for his scrupulous accuracy of statement and research, and who has himself taken a prominent part in the work of Civil Service reform, mentions that a few years ago ‘the army of Federal officials was roughly estimated at nearly 125,000, drawing annual salaries amounting to about eighty millions of dollars.’ He notices that in the two years preceding 1887, out of 2,359 post-offices known as presidential, about 2,000 had been changed, and that out of 52,699 lower post-office clerks, about 40,000 had been changed. 100 out of 111 collectors of Customs, all the surveyors of Customs, all the surveyors-general, all the post-office inspectors-in-charge; 11 out of 13 superintendents of mints; 84 out of 85 collectors of internal revenue; 65 out of 70 district attorneys; 8 out of 11 inspectors of steam-vessels; 16 out of 18 pension agents; 190 out of 224 local land officers were changed in the space of two years, and under a President who had come to office as a supporter of Civil Service reform. These are but a few illustrations out of many of the manner in which, in the words of the writer I am citing, ‘office is made the coin in which to pay political debts and gain the services of political condottieri,’ and he estimates that this President had ‘dismissed nearly 100,000 public servants for political ends.⁴¹

Another very competent American author, who has written the best short account of American government with which I am acquainted, observes that ‘in the Federal Administration alone there are nearly 90,000 office-holders who have no voice in the administration; but as chiefs of bureaux and clerks are necessary for the transaction of business, and as new territory is opened up, the number is constantly increasing.’ These appointments are systematically filled up, not upon the ground of administrative capacity, but ‘on the basis of nomination, influence, and official favour.’ The practice of constant removals has, since Jackson's time, ‘been followed by all parties in all elections, great and small, national and local.’ A great part of this patronage is in the hands of senators and representatives, who claim as a right the power of advising the President in these appointments; who ‘dictate appointments as if the Federal patronage in their State or district was their private property,’ and who systematically use it to build up political influence and reward political services.

      And not only does this system turn into ardent politicians countless officials whose duties should place them as far as possible out of the domain of party politics; not only does it furnish the staff of the great party organisations, and make the desire of obtaining and retaining office the main motive in all party conflicts—it also gives rise to the system of political assessments, ‘made on office-holders of all grades, by a perfectly irresponsible committee, to be expended in furthering the objects of the party.… Although nominally such contributions to the campaign fund are made “voluntarily” by the office-holders, yet their true nature is shown by many circumstances. Thus, in making its application, the committee fixes the amount which each man is to pay. In 1882, 2 per cent. of the annual salary was required, and was levied on all, from the chiefs of bureaux to the lowest labourer in the Government navy yards, and also levied alike on Republicans and Democrats. Moreover, in case the call was not responded to, employés of the committee went among the departments and made personal application to each delinquent. By experience the clerk knows that he must pay or be discharged, a fact which still more strongly brings out the “voluntary” nature of the contribution. … The committee may expend the fund thus collected as it sees fit, and need render an account of such expenditure to no man. Truth compels us to say that it forms a “corruption fund” for influencing elections; and the manner of expending it is as vicious and debauching to the public service as is the manner of collecting it. This matter has also been made the subject of legislation, but without any remedy being afforded.’⁴²

A third very competent American writer on the Constitution reminds us that,