Theodore Roosevelt and the Modern Presidency
by Thomas E. Woods, Jr.
by Thomas E. Woods, Jr.
DIGG THIS
According
to the Associated
Press, all the presidential candidates see themselves
in Theodore Roosevelt. (Well, all but one,
but you know the routine by now.)
This is
precisely the problem. Theodore Roosevelt is responsible for devising
and putting into action the philosophy of the presidency to which
all modern presidents have subscribed. That isn’t a compliment.
With polls
of historians classifying TR among the "near great" and
political aspirants in both parties eagerly positioning themselves
squarely within his model of governance, the prima facie
case that the Rough Rider must have been a villain is pretty strong.
Look closely at his record and that instinct is confirmed.
What follows
here originally appeared in Reassessing
the Presidency, John Denson’s edited volume from 2001. More
about Teddy and his real history can be found in my new book, 33
Questions About American History You’re Not Supposed to Ask.
In 1896, Brooks
Adams wrote a book called The Law of Civilization and Decay.
Like most late-nineteenth-century commentators, he believed that
his country was nearing a watershed in its history. But unless America
rallied around a strong leader, the center of world power, which
he thought might be about to shift from England to the United States,
would shift instead to Russia. In many ways, Theodore Roosevelt
– who read Adams’s book with interest – would prove to be this leader,
invigorating the executive branch in both the domestic and the foreign
arenas. In so doing, he became the first modern president.
Roosevelt was
well suited for this role. Philosophically he was the consummate
Progressive, determined to bring efficiency and coordinated intelligence
to bear against the trusts, against despoilers of the natural environment,
and against international disorder. He was, as one historian put
it, “the first great president-reformer of the modern industrial
era.” [1] He therefore
had little patience with federalism and indeed with most of the
constitutional impediments that stood between him and the construction
of a new American state. Politically he was a committed nationalist.
He thus could barely bring himself to speak of Thomas Jefferson,
whom he loathed; and as late as the 1880s he was still condemning
Jefferson Davis as a traitor. The Confederate cause, since it denied
that a large consolidated nation was its own justification, enraged
him. Roosevelt brought to the presidential office a thorough and
consistent philosophy of the presidency. What a previous president
may have done hesitatingly or without fanfare, Theodore Roosevelt
made a matter of principle. He deserves credit for innovation even,
paradoxically enough, in cases in which he was exercising an executive
prerogative that one of his recent predecessors had in fact pioneered.
Presidential
scholar Edward Corwin has spoken of the “personalization of the
presidency,” by which he means that the accident of personality
has played a considerable role in shaping the office. And indeed
it is hard to think of a stronger personality than that of Theodore
Roosevelt who ever served as president. One presidential scholar
observed that Roosevelt gave the office “the absorbing drama of
a Western movie.” [2] And no wonder. Mark Twain, who met with the
president twice, declared him “clearly insane.” In a way, Roosevelt
set the tone for his public life to come at age twenty, when, after
an argument with his girlfriend, he went home and shot and killed
his neighbor’s dog. [3]
He told a friend in 1884 that when he donned his special cowboy
suit, which featured revolver and rifle, “I feel able to face anything.”
[4] When he killed his first buffalo, he “abandoned himself
to complete hysteria,” as historian Edmund Morris put it, “whooping
and shrieking while his guide watched in stolid amazement.” His
reaction was similar in 1898 when he killed his first Spaniard. [5]
He loathed
inactivity. At one point during the 1880s he wrote to a friend that
he had been working so hard lately that for the next month he was
going to do nothing but relax – and write a life of Oliver Cromwell.
Henry Adams said that
all Roosevelt’s
friends know that his restless and combative energy was more than
abnormal. Roosevelt, more than any other man living within the
range of notoriety, showed the singular primitive quality that
belongs to ultimate matter – the quality that medieval theology
assigned to God – he was pure act.
[6]
One of his
sons is said to have remarked, “Father always wanted to be the bride
at every wedding and the corpse at every funeral.”
[7]
Bringing such
a personality to the presidency, Roosevelt increased very significantly
the visibility of the office and the popular fascination with the
person of the president. One presidential historian explained it
this way:
As no president
in memory and probably none up to that time, Theodore Roosevelt
became a “personality” – a politician whose every action seemed
newsworthy and exciting. His family, his friends, his guests,
his large teeth, his thick glasses, his big game hunting, and
his horseback riding – all were sources of media attention and
delight. In a way that Washington and Lincoln had not done, and
even Jackson avoided, Theodore Roosevelt became a very visible
tribune of the people, a popular advocate whose personality seemed
immediate, direct, and committed to their personal service. [8]
The modern
tendency to micromanage even affairs that clearly belong to the
care of civil society, to refer even the most trivial issues to
the discretion of the executive, with the implicit presumption against
the ability of individuals and intermediate bodies to manage their
affairs, also finds substantial precedent in the Roosevelt administration.
The classic example occurred in 1905 when Theodore Roosevelt assembled
athletic personnel from Harvard, Princeton, and Yale at the White
House to reform the rules of college football to make the game safer.
The 1903 season had witnessed several dozen deaths from excessively
rough play. Roosevelt’s small convocation was a minor incident,
to be sure, but it was the first step in a long series by which
the presidency would assume an aggressive and visible presence in
the life of the nation, and by which the American people would grow
accustomed to entrusting to the person of the executive even the
most trivial aspects of everyday affairs.
This was the
kind of energy and vigor that Theodore Roosevelt brought to his
office and that he used to promote his distinct philosophy of the
presidency. “There inheres in the presidency more power than in
any other office in any great republic or constitutional monarchy
of modern times,” Roosevelt once remarked. But far from deploring
this state of affairs, he went on to say, “I believe in a strong
executive; I believe in power.” [9] “I don’t think that any harm
comes from the concentration of power in one man’s hands,” He argued
elsewhere, “provided the holder does not keep it for more than a
certain, definite time, and then returns it to the people from whom
he sprang.” [10]
He agreed with
Andrew Jackson, who had argued that the president, by virtue of
his election by the nation as a whole, possessed a unique claim
to be the representative of all American people. Each member of
the executive branch, but especially the president, “was a steward
of the people bound actively and affirmatively to do all he could
for the people,” he maintained. He could, therefore, “do anything
that the needs of the nation demanded” unless expressly prohibited
in the Constitution. “Under this interpretation of executive power,
I did and caused to be done many things not previously done. . .
. I did not usurp power, but I did greatly broaden the use of executive
power.” [11]
The cry of
“executive usurpation” had hounded Andrew Jackson during the 1830s
when he attempted to put a similar theory of the presidency into
practice. “What effrontery!” John C. Calhoun had exclaimed in response
to the suggestion that the president was “the immediate representative
of the American people.” “[T]he American people are not represented
in a single department of the Government,” Calhoun insisted; “the
people of these States [are] united in a constitutional compact
. . . forming distinct and sovereign communities,” and therefore,
“no such community or people, as the American people, taken in the
aggregate [exists].” [12] Calhoun was characteristically perceptive
when he pondered why Jackson would put forth such a theory.
But why all
this solicitude on the part of the president to place himself
near to the people, and to push us off to the greatest distance?
Why this solicitude to make himself their sole representative,
their only guardian and protector, their only friend and supporter?
The object cannot be mistaken. It is preparatory to farther hostilities
– to an appeal to the people; and is intended to to [sic] prepare
the way in order to transmit to them his declaration of war against
the Senate, with a view to enlist them as his allies in the war
which he contemplates waging against this branch of the Government.
[13]
Calhoun’s remark
applies equally well to Theodore Roosevelt. Roosevelt, as we shall
see, convinced he was doing the will of the people and what was
best for the country, did not hesitate to disregard the Senate or
the Congress as a whole. He honestly believed himself to be doing
the people’s will, and his solemn responsibility to see that will
vindicated overrode concerns regarding the separation of powers.
He remarked privately that in the United States,
as in any
nation which amounts to anything, those in the end must govern
who are willing actually to do the work of governing; and insofar
as the Senate becomes a merely obstructionist body it will run
the risk of seeing its power pass into other hands.
[14]
Roosevelt’s
innovations in the area of domestic policy were more subtle than
those he introduced in foreign affairs. Previous presidents, following
both American tradition and the spirit of the Constitution, had
not entered office with an extensive legislative program whose passage
they vigorously prosecuted. They deferred instead to Congress, the
branch which, it was generally understood, was to retain the initiative
in such matters. But Roosevelt found a certain virility in bold
leadership, and in situations in which decisive action seemed called
for he considered deference to Congress or to other legal restraints
on executive power as a sign of pusillanimity and decadence. He
wrote in his Autobiography:
In theory
the Executive has nothing to do with legislation. In practice
as things now are, the Executive is or ought to be peculiarly
representative of the people as a whole. As often as not the action
of the Executive offers the only means by which the people can
get the legislation they demand and ought to have. Therefore a
good executive under the present conditions of American political
life must take a very active interest in getting the right kind
of legislation, in addition to performing his executive duties
with an eye single to the public welfare. [15]
Although the
political parties of Roosevelt’s day, as in our own, shared a great
deal in common, political discourse in the United States was still
fluid enough that matters of real import were still discussed within
the halls of Congress. Thus Senator Isidor Rayner, aghast at Roosevelt’s
approach, remarked in 1906:
Here we were
day after day struggling with questions of constitutional law,
as if we really had anything to do with their settlement, laboring
under the vain delusion that we had the right to legislate; that
we were an independent branch of the Government; that we were
one department, and the Executive another, each with its separate
and well-defined distinctions, imagining these things, and following
a vision and a mirage, while the president was at work dominating
the legislative will, interposing his offices into the law-making
power, assuming legislative rights to a greater extent than if
he were sitting here as a member of this body; dismembering the
Constitution, and exercising precisely and identically the same
power and control as if the Constitution had declared that the
Congress shall pass no law without the consent of the president;
adopting a system that practically blends and unites legislative
and executive functions, a system that prevailed in many of the
ancient governments that have forever gone to ruin, and which
today still obtains in other governments, the rebellious protests
of whose subjects are echoing over the earth, and whose tottering
fabrics I hope are on the rapid road to dissolution.
[16]
The annual
presidential message read to Congress in December 1905 – the “State
of the Union,” having fallen into disuse since Jefferson’s tenure,
would be revived by Woodrow Wilson – contained a lengthy plea from
Roosevelt for a series of regulatory legislation. The significance
of Roosevelt’s program was not lost on his political opponents.
The New York World, a Democratic newspaper, called it “the
most amazing program of centralization that any president of the
United States has ever recommended.”
[17] One disgruntled commentator remarked after the legislation
was passed that Roosevelt’s policies betrayed “a marked tendency
toward the centralization of power in the United States and a corresponding
decrease in the old-time sovereignty of the states, or of the individual.”
[18]
Roosevelt’s
top legislative achievements, such as the Meat Inspection Act, the
Pure Food and Drug Act, and the Hepburn Act, reflect the president’s
confidence in expert commissions and, more broadly, his stewardship
theory of the executive branch. As one scholar put it, these acts,
taken together, “might well be considered as marking the birth of
the modern regulatory state.”
[19] Not everyone was especially sanguine at this prospect.
One conservative Republican observed that the president was “consciously,
or unconsciously . . . trying to concentrate all power in Washington,
to practically wipe out state lines, and to govern the people by
commissions and bureaus.” [20]
It is fashionable
in historical circles to describe Roosevelt as a conservative because
he advocated domestic reform in large part simply to keep at bay
more radical initiatives. [21] So, for example, he called for legislation
to regulate the railroads in order to counter calls for outright
nationalization. Historians of the New Left have gone even further,
arguing that since big business itself frequently played a role
in agitating for and even shaping the emerging regulatory apparatus,
the ostensible effort by Roosevelt and his successors to rein in
business interests was a sham. New Left scholars have, indeed, added
a necessary corrective to the previously existing literature, and
their claims certainly hold water in such obvious cases as the Federal
Reserve System. The Fed, which, while perhaps still not as centralized
as some bankers may have wanted, clearly served bankers’ interests
by socializing risk and by helping to coordinate the inflationary
policies of member banks, thereby reducing the risk of runs. [22]
But it is too
hasty to conclude from this that all regulation, even when corporate
interests themselves may have played a role in its passage, ultimately
works to the benefit of big business. That a government–business
alliance characterized the emerging American regime at the turn
of the century is beyond dispute; but New Left historians fail to
acknowledge that the state always maintained the upper hand in this
partnership. The New Left critique stems partially from the fact
that its partisans would have been satisfied with nothing short
of nationalizing or dismantling large interests; and from such a
perspective Roosevelt can indeed seem the reactionary.
The battle
over railroad regulation and the Interstate Commerce Commission
provides a good example of the shortcomings of this thesis. Roosevelt
supported further railroad regulation in addition to that already
on the books, and ultimately signed the Hepburn Act of 1906 – which,
while not as radical as what he had sought, he considered satisfactory.
The Act increased the number of members of the Interstate Commerce
Commission and gave it the authority to set “just and reasonable”
rail rates. Whatever rates the Commission decided upon were to take
effect immediately. Although the railroads had a right to appeal
to the courts, the burden of proof rested on them and not on the
Commission.
The results
were devastating. In a book that earned the Columbia University
Prize in American Economic History in 1971, Albro Martin described
the situation in detail. His thesis, stated simply, is that Roosevelt’s
Hepburn Act, combined with subsequent regulatory enactments – in
particular William Howard Taft’s Mann–Elkins Act of 1910 – deprived
the railroads of the rate increases they needed, an especially debilitating
handicap in an inflationary atmosphere. The railroads needed investment
capital following the reorganizations of the 1890s if they were
to preserve their capital stock, to rebuild, and to modernize. In
other words, they needed to be left alone. Instead they got policies
that both increased labor costs and refused the rate increases they
needed. The result was that by 1911 profits had vanished, and the
collapse of the system of private management of the railroads followed
soon afterwards. [23]
One historian
who concedes that railroad regulation ultimately proved destructive
attempts to exonerate Roosevelt by claiming that the president had
wanted a Commission that would be fair rather than punitive; but
Roosevelt can hardly be held blameless for having adopted, uncritically,
the standard Progressive faith in the disinterested rationality
and overall benevolence of expert commissions.
[24] Indeed, Roosevelt never bothered to explain how the granting
of rate-setting power to a board of supposed experts who were completely
divorced from the actual operation and ownership of the railroads,
and for whom rational economic calculation was therefore impossible,
could have yielded anything but arbitrary decrees.
This arbitrariness,
this apparent belief that seeing vindication of his iron will was
an adequate substitute for a sober assessment of a situation, was
a central feature of Roosevelt’s personality, and it appears time
and again in his dealings with big business. Unlike some Progressives,
whom he dubbed “the lunatic fringe,” Roosevelt did not consider
business concentration a trend to be avoided or reversed. He saw
it as an inevitable and even beneficial development of industrial
society, albeit one that had to be regulated in the public interest.
It is also true that Roosevelt’s reputation as a trustbuster has
been exaggerated; historians rightly point out that the Taft administration
initiated twice as many antitrust suits in its one term than Roosevelt
did in his two. But at issue here is not so much whether Roosevelt
was especially severe in this or that area, or whether he was an
outright radical. The question is whether he dealt justly with the
private sector, what kind of precedents he set for the future, and
how he helped to strengthen the executive beyond what the framers
had envisioned.
In early 1902,
Roosevelt ordered Attorney General Philander Knox to file an antitrust
suit against the Northern Securities Company, a holding company
that had taken over two railroads that stretched from Seattle to
St. Paul, the Northern Pacific and the Great Northern. [25] This is the case that almost
single-handedly earned Theodore Roosevelt his trust-busting reputation;
but again, in a desperate effort to portray Roosevelt as judicious
and moderate, most historians have belittled its significance. Roosevelt
himself pinpointed its importance:
From the
standpoint of giving complete control to the National Government
over big corporations engaged in interstate business, it would
be impossible to overestimate the importance of the Northern Securities
decision and of the decisions afterward rendered in line with
it in connection with the other trusts whose dissolution was ordered.
The success of the Northern Securities case definitely established
the power of the government to deal with all great corporations.
[26]
The decision
at last overthrew what he called the “vicious doctrine” of the E.C.
Knight case of 1895, which had severely limited the scope of
the Sherman Act. In that case, the Supreme Court had ruled that,
although the American Sugar Refining Company held about 95 percent
of the American sugar market after buying the E.C. Knight Company,
they had committed no actionable offense since they had done nothing,
strictly speaking, to restrain trade. “This decision,” Roosevelt
said with some satisfaction, “I caused to be annulled by the court
that had rendered it.”
[27] The argument that Northern Securities was neither restraining
trade nor preventing other lines from providing transportation along
the same route – an argument its architects had been led to believe,
on the basis of the precedent in Knight, the federal government
would consider unimpeachable – suddenly no longer held water.
Before advising
Philander Knox to initiate the case, Roosevelt neglected to ask
himself some fairly obvious questions. For one thing, did the new
holding company in fact substitute a monopolistic arrangement for
a previously existing state of competition? In fact, it did not.
The Great Northern and the Northern Pacific may have appeared to
be two alternative lines between St. Paul and Seattle, but in fact,
as Balthasar Henry Meyer points out, price wars between the two
lines were a thing of the past, and for twenty years the railroads
had lived in “comparative peace.” “It was assumed that competition
had been stifled without first asking the question whether competition
had actually existed; and whether, if competition could be perpetuated,
the public would profit by it.”
[28] According to Dominick Armentano,
Both railways
had maintained joint rates, and the consequent backloading and
even flow of freight realized from such arrangements had increased
the efficiency and economy of each line, and allowed a generally
low level of rates that would have bankrupted other roads.
The idea for
the holding company originated partly from a desire to put the arrangement
on a more stable footing and partly from concerns surrounding the
designs of E.H. Harriman, who in early 1901 had tried to get a controlling
interest in the Northern Pacific. In a mere four days, its common
stock rose from $144 to over $1000 per share. The holding company
would put both rails beyond the reach of Harriman, and, thus, prevent
him from undermining the economic advantages that obtained from
the close relationship that existed between the two lines. Naturally,
these advantages paid dividends to the consumer: rail rates declined
on the Hill–Morgan lines between November 1901, when the Northern
Securities Company was incorporated, and 1903. There had been a
chance, following Knight, that the arbitrariness of the antitrust
laws might to some degree be mitigated; Roosevelt helped ensure
that they would continue to be leveled against corporations that
simplistic, static models deemed monopolistic but which nearly always
brought benefits to the consumer.
In domestic
affairs, then, Roosevelt greatly accelerated the process by which
the executive became the de facto originator of legislation,
and in other ways, such as his increasing use of executive commissions,
set in motion a trend toward presidential supremacy. As Forrest
McDonald explains in his own study of the presidency, “Roosevelt’s
showmanship in pretending to be the fountain of reform legislation
transformed the expectations Americans had for their presidents
and thus opened the door for the emergence of the legislative presidency.”
[29] That his legislative record was not more impressive was
not from lack of trying. But he paved the way for his successors,
who would build upon Roosevelt’s foundation.
Theodore Roosevelt
made even more significant contributions to the modern presidency
in the area of foreign affairs. In domestic affairs, Roosevelt explained,
Congress could generally be trusted to come around to the correct
position. But in the conduct of foreign policy, senators, who were,
as he put it, “wholly indifferent to national honor or national
welfare” and “primarily concerned in getting a little cheap reputation
among ignorant people,” could interfere with the conduct of an honorable
course abroad. [30]
“More and more,” Roosevelt declared to Congress in 1902, “the
increasing interdependence and complexity of international political
and economic relations render it incumbent on all civilized and
orderly powers to insist on the proper policing of the world.”
[31] The contention that Congress was the more popular branch
of government and, therefore, even prescinding from the constitutional
question, deserved special deference in matters of peace and war,
would not have dissuaded him. He had privately called public opinion
“the voice of the devil, or what is still worse, the voice of a
fool,” and in a calmer moment, speaking in particular of foreign
affairs, he observed that “[o]ur prime necessity is that public
opinion should be properly educated.”
[32] Hence, while he favored executive supremacy in all areas
of governance, the need for it in foreign policy was correspondingly
greater.
Roosevelt’s
fascination with war is corroborated both by his own testimony and
by that of those who knew him. A college friend wrote in 1885, “He
would like above all things to go to war with some one. . . . He
wants to be killing something all the time.” [33] Roosevelt told another friend a few years
later:
Frankly I
don’t know that I should be sorry to see a bit of a spar with
Germany. The burning of New York and a few other sea coast cities
would be a good object lesson in the need of an adequate system
of coast defenses, and I think it would have a good effect on
our large German population to force them to an ostentatiously
patriotic display of anger against Germany. [34]
Over and over
again Roosevelt insisted that the country “needed” a war. “He gushes
over war,” wrote the philosopher William James,
as the ideal
condition of human society, for the manly strenuousness which
it involves, and treats peace as a condition of blubberlike and
swollen ignobility, fit only for huckstering weaklings, dwelling
in gray twilight and heedless of the higher life. . . . One foe
is as good as another, for aught he tells us.
[35]
One of the
top scholars of Theodore Roosevelt’s foreign policy has explained
that the Rough Rider “sought a big navy because it would prevent
war, but also because it was such fun to have a big navy.”
[36]
So attached
was Roosevelt to the issues of national readiness and the martial
virtues that after leaving office, Roosevelt suggested adapting
some of the wartime model to the needs of peacetime. He became an
advocate of “universal obligatory military training” and, in a comment
that unwittingly reveals the rarely acknowledged link between universal
suffrage and universal conscription, Roosevelt declared: “Let us
demand service from women as we do from men, and in return give
the suffrage to all men and women who in peace and war perform the
service.” When it came to men’s training, Roosevelt pointed to the
U.S. Army camps as the standard to be imitated.
I believe
that for every young man . . . to have six months in such a camp
. . . [with] some field service, would be of incalculable benefit
to him, and . . . to the nation. . . . [M]aking these camps permanent
would be the greatest boon this nation could receive. [37]
This attachment
to war, combined with the various manifestations of imperialism
during his presidency, earned Theodore Roosevelt the scorn of New
Left historians, after having enjoyed a period of tremendous popularity
during the 1950s. The pendulum has since swung back in Roosevelt’s
favor. Nearly every historian of Roosevelt since the late 1970s,
with the smug self-satisfaction that comes from seeming to overturn
the conventional wisdom, has argued that notwithstanding his reputation
and his personal bellicosity, Theodore Roosevelt was actually much
more restrained in foreign policy matters while in office than might
have been expected. The only way to make this interpretation of
Roosevelt’s conduct in foreign affairs persuasive is to downplay
or to eliminate altogether any mention of the discomfiting fact
that both as vice president and as president Theodore Roosevelt
presided over a vicious and brutal war of suppression in the Philippines.
It is simply not possible to pretend to assess Roosevelt’s tenure
as president without examining this ugly episode in American history.
This is in fact what most of these historians, to their everlasting
shame, have done.
The United
States obtained the Philippines during the Spanish-American War
in 1898, when Commodore George Dewey, under instructions from Theodore
Roosevelt himself (then assistant secretary of the Navy), attacked
the islands a few days after the opening of hostilities in Cuba.
Shortly after the war’s conclusion, when it became apparent that
the United States had no intention of granting independence to the
islands, guerrilla warfare broke out, spearheaded by Emilio Aguinaldo,
the head of the rebels. The size of the American effort to suppress
the Filipino nationalists has rarely been fully appreciated: some
126,000 American troops saw action in suppression campaigns, and
an incredible 200,000 Filipinos lost their lives. [38]
While the fighting
was going on, the Philadelphia Ledger featured a front-page
story by a correspondent covering General J. Franklin Bell’s campaign
that read:
The present
war is no bloodless, fake, opera bouffé engagement. Our men have
been relentless; have killed to exterminate men, women, children,
prisoners and captives, active insurgents and suspected people,
from lads of ten and up, an idea prevailing that the Filipino,
as such, was little better than a dog, a noisome reptile in some
instances, whose best disposition was the rubbish heap. Our soldiers
have pumped salt water into men to “make them talk,” have taken
prisoner people who held up their hands and peacefully surrendered,
and an hour later, without an atom of evidence to show that they
were even insurrectos, stood them on a bridge and shot them down
one by one, to drop into the water below and float down as an
example to those who found their bullet-riddled corpses.
This correspondent
might seem to be a critic of American policy. In fact, he joined
Roosevelt’s generals in pointing to the primitive and uncivilized
Filipinos as an excuse for disregarding the norms of civilized warfare.
“It is not civilized warfare,” he admitted, “but we are not dealing
with a civilized people. The only thing they know and fear is force,
violence, and brutality, and we give it to them.” [39] Roosevelt’s own views on race, which would take an entire
chapter to describe in detail, only encouraged this kind of barbarism;
and more than once he insisted that he had no intention of dealing
with peoples he called backward with the same treatment he afforded
civilized countries. He told Rudyard Kipling how irritated he became
with those who dared suggest that a country like Colombia “is entitled
to just the treatment that I would give, say, to Denmark or Switzerland.”
The very suggestion was a “mere absurdity,” he told another correspondent. [40]
Only after
American conduct in the Philippines was given embarrassing publicity
at home in 1902 did Roosevelt take any action at all, ordering the
court-martial of General Smith and Major Glenn, and, even then,
he seemed clearly displeased that the subject had been broached
at all. At the same time, he denounced lynchings in the South –
acts, he claimed, which were “worse to the victim, and far more
brutalizing to those guilty of it,” than any atrocities that may
have been committed in the Philippines. [41] Charles Francis Adams, who
suspected that the brutality of the American side of the fighting
enjoyed at least the president’s benign acquiescence, had predicted
earlier that year that Roosevelt would “be very severe in words
– on outrages; but no one will be punished.” He was right: Glenn
ended up being fined fifty dollars, and Smith was “admonished.”
Theodore Roosevelt’s utter lack of interest was made especially
manifest when, immediately following his court-martial of General
Smith, he wrote General J. Franklin Bell to congratulate him on
his conduct of the war in Batangas. Bell was a man whose methods
Henry Cabot Lodge himself had described as “cruel,” and it was well-known
that Bell had ordered 100,000 Filipinos into concentration camps. [42] In 1906 Roosevelt went even further, and appointed General
Bell as his chief of staff. [43]
Roosevelt’s
approach in the Philippines was only the most spectacular indication
that the content of his foreign policy left much to be desired,
and it inaugurated a century of humanitarian violence that would
be couched in the saccharine language of idealism and justice. Even
more important from the point of view of Theodore Roosevelt’s contributions
to the presidency as an institution, however, is the more procedural
question of how he actually carried out his policy. It is here that
he demonstrated his most brazen contempt for the legislative branch.
An excellent
example concerns Roosevelt’s decision to take over the customs houses
in the Dominican Republic. In what has become known as the Roosevelt
Corollary to the Monroe Doctrine, Theodore Roosevelt had declared
in 1904 that although the United States had no territorial ambitions
in its own hemisphere, cases of “chronic wrongdoing” on the part
of a Latin American country that might invite occupation by a European
power could force America’s hand. To forestall European occupation,
the United States would intervene to restore order and to see that
all just claims were satisfied. When it looked in early 1905 as
though one or more European countries might intervene in the Dominican
Republic to recover outstanding debt, Roosevelt put the Corollary
into effect for the first time by declaring that the United States
would administer the Dominican Republic’s customs collections to
forestall any such foreign intervention.
From the beginning,
Theodore Roosevelt seemed to have hoped to be able to avoid consulting
the Senate at all. The agreement reached with the Dominican Republic
was set to take effect February 1, 1905, a mere eleven days after
it was signed – obviously too short an interval to allow for Senate
discussion or approval. The administration had a change of heart
after it found itself the subject of severe denunciations in the
Senate, even among supporters of the president. Senator Augustus
Bacon, not unreasonably, objected:
I do not
think there can be any more important question than that which
involves the consideration of the powers of the president to make
a treaty which shall virtually take over the affairs of another
government and seek to administer them by this Government, without
submitting that question to the consideration and judgment of
the Senate. [44]
For his part,
Senator Henry Teller added:
I deny the
right of the executive department of the Government to make any
contract, any treaty, any protocol, or anything of that character
which will bind the United States. . . . The president has no
more right and no more authority to bind the people of the United
States by such an agreement than I have as a member of this body. [45]
After the treaty
was finally submitted to the Senate, a special session closed without
taking a vote on it. An exasperated Roosevelt simply defied the
Senate, drawing up what today we would call an executive agreement
– by which, he later noted in his autobiography, “I went ahead and
administered the proposed treaty anyhow, considering it as a simple
agreement on the part of the Executive which could be converted
into a treaty whenever the Senate acted.” The Senate finally did
approve a modified version of the treaty two years later, but Roosevelt
later wrote, “I would have continued it until the end of my term,
if necessary, without any action by Congress.” [46]
Forrest McDonald
observes that before Theodore Roosevelt’s accession to power, the
last time a matter of real significance had been carried out by
means of an executive agreement was the Rush–Bagot Agreement of
1817 between Britain and the United States that limited naval armaments
on the Great Lakes. But even here, President Monroe eventually sought
the opinion of the Senate as to whether it required ratification;
and while that body gave no answer, it did approve the agreement
by a two-thirds vote. It fell to Theodore Roosevelt to convert the
executive agreement into a major instrument of American foreign
policy, and he did so without hesitation or apology. These included
“agreements to approve Japan’s military protectorate in Korea, to
restrict Japanese immigration into the United States, to uphold
the Open Door policy in China, and to recognize Japan’s ‘special
interests’ in China.”
[47]
One of the
classic combinations of Roosevelt’s belligerence and his contempt
for Congress was the Rough Rider’s decision to send the entire battle
fleet on a worldwide tour, the aim of which was to impress all nations,
but in particular to intimidate Japan. As presidential scholars
have noted, the manner in which Roosevelt carried out this exhibition
was perhaps as significant as the act itself. Congress objected
immediately, threatening to withhold funds for the tour. Roosevelt
saw their bluff, and warned Congress that since he had the money
to send the ships to the Pacific, their refusal to fund the return
trip – and therefore to strip the East of its defenses – was a political
decision he would leave to them. [48]
Indeed, Congress
(and even Roosevelt’s own cabinet) looked on impotently as much
of Theodore Roosevelt’s foreign policy was conducted. “I took Panama
without consulting the Cabinet,” Roosevelt later recalled. “A council
of war never fights, and in a crisis the duty of a leader is to
lead.” Upon sending his Secretary of War, William Howard Taft, to
restore some kind of order in Cuba, he told the future president,
“I should not dream of asking the permission of Congress. . . .
It is for the enormous interest of this government to strengthen
and give independence to the Executive in dealing with foreign powers.” [49] When the Senate insisted on modifying the language of a series
of arbitration treaties between the United States and nine European
countries and Mexico so that the right of the president to reach
a “special agreement” with a country with whom the United States
was entering arbitration would instead become the right to enter
a “special treaty” – thereby requiring the president to secure
the Senate’s consent – Roosevelt rejected the treaties altogether
on such a basis. [50]
Senate Foreign Relations Committee Chairman Shelby M. Cullom,
meanwhile, later explained that the Senate had had no choice but
to “assert and uphold its rights as part of the treaty-making power.”
[51]
Many of Roosevelt’s
contemporaries favored a strong executive and an expansionist foreign
policy because they had become convinced that American business
needed to seize foreign markets for their unsold surpluses. Roosevelt
seems to have shared this view, but his primary concern in expansion
was a geopolitical one: to elevate the United States to the great-power
status to which it had an increasing claim. In fact, as Emily Rosenberg
has pointed out, Roosevelt only became interested in the economic
issues involved in foreign affairs when he perceived matters of
national honor at stake, when a foreign power was not showing the
United States the respect he thought it deserved. Thus, in 1905
Roosevelt was prepared for a direct confrontation with China when
that country cancelled a railroad concession it had granted to J.P.
Morgan. It was not without reason that the Chinese ordered the cancellation:
in five years Morgan had completed a mere twenty-eight miles of
what was ultimately supposed to be an 840-mile track, and they also
claimed certain violations of contract on his part. Morgan himself,
perhaps recognizing the flimsiness of his case, accepted the settlement,
which included a handsome compensation package for profits foregone.
Roosevelt, on the other hand, was furious. He later remarked privately
that if Morgan had decided to fight, “I would have put the power
of the government behind them, so far as the executive was concerned,
in every shape and way.” [52] No wonder that a half-century later, when
the proposed Bricker Amendment, which among other things would have
limited the executive’s free hand in foreign affairs, came up for
discussion, big business was one of its most vocal opponents. [53]
Looking back
on his years in office, Roosevelt told his son in 1909: “I have
been a full president right up to the end.” [54] And just as he promised, Roosevelt
had seized all the power that inhered in the presidency, and through
his actions in office permanently strengthened the executive for
his successors.
[W]henever
I could establish a precedent for strength in the executive, as
I did for instance as regards external affairs in the case of
sending the fleet around the world, taking Panama, settling affairs
of Santo Domingo and Cuba; or as I did in internal affairs in
settling the anthracite coal strike, in keeping order in Nevada
this year when the Federation of Miners threatened anarchy, or
as I have done in bringing the big corporations to book – why,
in all these cases I have felt not merely that my action was right
in itself, but that in showing the strength of, or in giving strength
to, the executive, I was establishing a precedent of value. [55]
In both domestic
and foreign affairs, that meant seizing the initiative, constitutionally
or not, from Congress, and in international relations it meant that
the United States would force its way onto the world stage to take
its rightful place among the great powers. Long gone was the view
of Charles Pinckney, who had said that
[w]e mistake
the object of our Government if we hope or wish that it is to
make us respectable abroad. Conquest or superiority among other
Powers is not, or ought never to be, the object of republican
systems. If they are sufficiently active and energetic to rescue
us from contempt, and preserve our domestic happiness and security,
it is all we can expect from them – it is more than almost any
other government ensures to its citizens. [56]
Instead of
this classical vision of the American republic, Roosevelt solidified
trends toward centralization that had been at work since the 1860s
and institutionalized what amounted to a revolution in the American
form of government. His legacy is cherished by neoconservatives
and other nationalists but deplored by Americans who still possess
a lingering attachment to the republic the framers established.
Notes
[1] William Henry Harbaugh, Power and Responsibility: The
Life and Times of Theodore Roosevelt (New York: Farrar, Straus
and Cudahy, 1961), p. 522.
[2] Clinton Rossiter, The American Presidency (New
York: New American Library, 1960), p. 97.
[3] Walter LaFeber, “The Making of a Bully Boy,” Inquiry,
June 11 and 25, 1979, p. 15.
[4] Emmet John Hughes, The Living Presidency: The
Resources and Dilemmas of the American Presidential Office
(New York: Coward, McCann, and Geoghegan), p. 91.
[5] Edmund Morris, The Rise of Theodore Roosevelt
(New York: Coward, McCann, and Geoghegan, 1979).
[6] Henry Adams, The Education of Henry Adams (New
York: Random House Modern Library, 1931), p. 417.
[7] John Milton Cooper, Jr., The Warrior and the
Priest: Woodrow Wilson and Theodore Roosevelt (Cambridge,
Mass.: Harvard University Press, 1983), p. 69.
[8] Michael P. Riccards, The Ferocious Engine of
Democracy: A History of the American Presidency, vol. 2, Theodore
Roosevelt through George Bush (Lanham, Md.: Madison Books,
1995), pp. 5–6.
[9] Forrest McDonald, A Constitutional History of the United
States (Malabar, Fla.: Robert E. Krieger, 1982), p. 166.
[10] John Morton Blum, The Republican Roosevelt
(New York: Athaneum, [1954] 1962), p. 122.
[12] Calhoun’s remarks are taken from Register of Debates
in Congress, 23rd Cong., 1st sess., May 6, 1834 (Washington,
D.C.: Gales and Seaton, 1834), pp. 1645–46.
[13] Ibid., p. 1646; see also Gary L. Gregg II, The
Presidential Republic: Executive Representation and Deliberative
Democracy (Lanham, Md.: Rowman and Littlefield, 1997), pp.
80–89.
[14] Theodore Roosevelt to John St. Loe Strachey,
February 12, 1906, in Elting E. Morison, ed., The Letters of
Theodore Roosevelt, vol. 5, The Big Stick, 1905–1907
(Cambridge, Mass.: Harvard University Press, 1952), p. 151.
[15] Theodore Roosevelt, The Autobiography of Theodore
Roosevelt, Wayne Andrews, ed., (New York: Octagon, 1975),
p. 282.
[16] Congressional Record, April 5 and June 19, 1906.
[17] Quoted in Lewis L. Gould, The Presidency of
Theodore Roosevelt (Lawrence: University Press of Kansas,
1991), p. 158.
[18] Quoted in ibid., p. 169.
[19] William C. Widenor, “Theodore Roosevelt,” in
Frank N. Magill, ed., The American Presidents: The Office and
the Men, vol. 2: Lincoln to Hoover, rev. ed., (Danbury,
Conn.: Grolier Educational Corporation, 1989), p. 185.
[20] Gould, Presidency of Theodore Roosevelt,
p. 198.
[21] See, for example, Richard Hofstadter, The American
Political Tradition and the Men Who Made It (New York: Vintage
Books, [1948] 1974), pp. 298–99.
[22] See Murray N. Rothbard, The Case Against the Fed
(Auburn, Ala.: Ludwig von Mises Institute, 1994).
[23] Albro Martin, Enterprise Denied: Origins of the Decline
of American Railroads, 1897–1917 (New York: Columbia University
Press, 1971).
[24] Gould, Presidency of Theodore Roosevelt,
p. 165.
[25] On the Northern Securities case, see Dominick T. Armentano,
Antitrust and Monopoly: Anatomy of a Policy Failure (New
York: John Wiley and Sons, 1982), pp. 53–55; Henry F. Pringle,
Theodore Roosevelt: A Biography (New York: Harcourt, Brace,
1931), pp. 252ff.
[26] Roosevelt, Autobiography, pp. 228–29.
[27] Pringle, Theodore Roosevelt, p. 253.
[28] Armentano, Antitrust and Monopoly, p.
54.
[29] Forrest McDonald, The American Presidency:
An Intellectual History (Lawrence: University Press of Kansas,
1994), p. 358.
[30] W. Stull Holt, Treaties Defeated by the Senate:
A Study of the Struggle Between President and Senate over the
Conduct of Foreign Relations (Baltimore, Md.: Johns Hopkins
Press, 1933; Gloucester, Mass.: Peter Smith, 1964), p. 221.
[31] Blum, The Republican Roosevelt, p. 127.
[32] LaFeber, “The Making of a Bully Boy,” pp. 1516;
Theodore Roosevelt to William Bayard Hale, December 3, 1908,
in Morison, ed., Letters of Theodore Roosevelt, vol. 6,
The Big Stick, 1907–1909, (Cambridge, Mass.: Harvard
University Press, 1952), p. 1408.
[33] On all this, see Howard K. Beale, Theodore
Roosevelt and the Rise of America to World Power (Baltimore,
Md.: The Johns Hopkins Press, 1956), pp. 36–38.
[37] Matthew J. Glover, “What Might Have Been: Theodore Roosevelt’s
Platform for 1920,” in Natalie A. Taylor, Douglas Brinkley, and
John Allen Gable, eds., Theodore Roosevelt: Many-Sided American
(Interlaken, N.Y.: Heart of the Lakes, 1992), pp. 488–89.
[38] Precise casualty figures are difficult to establish,
in large part because deaths resulting from a cholera epidemic
at the end of the war have often been conflated with those of
the war itself. It is also unclear to what extent war conditions
and American policy led to or exacerbated the spread of cholera.
See Glenn A. May, “150,000 Missing Filipinos: A Demographic Crisis
in Batangas, 1887–1903,” Annales de Demographie Historique
[France] 1985: 215–43; Mary C. Gillett, “U.S. Army Medical
Officers and Public Health in the Philippines in the Wake of the
Spanish–American War, 1898–1905,” Bulletin of the History of
Medicine 64 (1990): 567–87; Ken De Bevoise, Agents of Apocalypse:
Epidemic Disease in the Colonial Philippines (Princeton, N.J.:
Princeton University Press, 1995); Matthew Smallman-Raynor and
Andrew D. Cliff, “The Philippine Insurrection and the 1902–04
Cholera Epidemic: Part I – Epidemiological Diffusion Processes
in War,” Journal of Historical Geography 24 (January 1998):
69–89; Warwick Anderson, “Immunities of Empire: Race, Disease,
and the New Tropical Medicine, 1900–1920,” Bulletin of the
History of Medicine 70 (1996): 94–118. The figure of 200,000
deaths appears in McDonald, The American Presidency, p.
394.
[39] Stuart Creighton Miller, “Benevolent Assimilation”:
The American Conquest of the Philippines, 1899–1903 (New Haven,
Conn.: Yale University Press, 1982), p. 211.
[40] Howard C. Hill, Roosevelt and the Caribbean
(New York: Russell and Russell, 1965), p. 208.
[41] Gould, Presidency of Theodore Roosevelt, pp.
56–57.
[42] Daniel B. Schirmer, Republic or Empire: American Resistance
to the Philippine War (Cambridge, Mass.: Schenkman, 1972),
pp. 238–39.
[43] Miller, “Benevolent Assimilation,” p. 260.
[44] Holt, Treaties Defeated by the Senate, p. 216.
[45] On all this, see ibid.; quotation on pp. 215–16.
[46] McDonald, The American Presidency, p.
390.
[48] Riccards, Theodore Roosevelt Through George
Bush, p. 19.
[49] Hughes, The Living Presidency, pp. 92–93.
[50] Gould, Presidency of Theodore Roosevelt,
p. 149.
[51] Shelby M. Cullom, Fifty Years of Public Service,
2nd ed. (Chicago: A.C. McClurg, 1911), p. 399.
[52] Emily S. Rosenberg, Spreading the American
Dream: American Economic and Cultural Expansion, 1890-1945
(New York: Hill and Wang, 1982), p. 58.
[53] See “Bricker’s Battle I,” Human Events
(January 13, 1954): 1; see also Duane Tananbaum, The Bricker
Amendment Controversy: A Test of Eisenhower’s Political Leadership
(Ithaca, N.Y.: Cornell University Press, 1988), pp. 58, 127.
[54] Emmet John Hughes, The Living Presidency,
p. 93.
[55] Theodore Roosevelt to George Otto Trevelyan,
June 19, 1908, in Morison, ed., The Big Stick, 1907–1909,
p. 1087.
[56] Quoted in Felix Morley, “American Republic or
American Empire,” Modern Age 1 (Summer 1957): 26.
August
14, 2007
Thomas E. Woods, Jr. [view
his website;
send
him mail] is
senior fellow in American history at the Ludwig
von Mises Institute and the author, most recently, of 33
Questions About American History You’re Not Supposed to Ask.
His other books include How
the Catholic Church Built Western Civilization (get a free chapter
here),
The
Church and the Market: A Catholic Defense of the Free Economy
(first-place winner in the 2006
Templeton Enterprise Awards), and the New York Times
bestseller The
Politically Incorrect Guide to American History.
Copyright
© 2007 Ludwig von Mises Institute
Thomas
Woods Archives
|