Volume II Part 12 (1/2)

I have been told that we in England have occasionally fallen into the error of attributing to the Supreme Court at Was.h.i.+ngton a quasi political power which it does not possess. This court can give no opinion to any department of the Government, nor can it decide upon or influence any subject that has not come before it as a regularly litigated case in law. Though especially founded by the const.i.tution, it has no peculiar power under the const.i.tution, and stands in no peculiar relation either to that or to Acts of Congress. It has no other power to decide on the const.i.tutional legality of an act of Congress or an act of a State legislature or of a public officer than every court, State and national, high and low, possesses and is bound to exercise. It is simply the national court of last appeal.

In the different States such tribunals have been established as each State by its const.i.tution and legislation has seen fit to adopt. The States are entirely free on this point. The usual course is to have one Supreme Court, sometimes called by that name, sometimes the Court of Appeals, and sometimes the Court of Errors. Then they have such especial courts as their convenience may dictate. The State jurisprudence includes all causes not expressly or by necessary implication secured to the national courts. The tribunals of the States have exclusive control over domestic relations, religion, education, the tenure and descent of land, the inheritance of property, police regulations, munic.i.p.al economy, and all matters of internal trade. In this category of course come the relations of husband and wife, parent and child, master and servant, owner and slave, guardian and ward, tradesman and apprentice. So also do all police and criminal regulations not external in their character,--highways, railroads, ca.n.a.ls, schools, colleges, the relief of paupers, and those thousand other affairs of the world by which men are daily surrounded in their own homes and their own districts. As to such subjects Congress can make no law, and over them Congress and the national tribunals have no jurisdiction.

Congress cannot say that a man shall be hung for murder in New York; nor if a man be condemned to be hung in New York can the President pardon him. The legislature of New York must say whether or no hanging shall be the punishment adjudged to murder in that State; and the Governor of the State of New York must p.r.o.nounce the man's pardon,--if it be that he is to be pardoned. But Congress must decide whether or no a man shall be hung for murder committed on the high seas, or in the national forts or a.r.s.enals; and in such a case it is for the President to give or to refuse the pardon.

The judges of the States are appointed as the const.i.tution or the laws of each State may direct in that matter. The appointments, I think, in all the old States were formerly vested in the Governor. In some States such is still the case. In some, if I am not mistaken, the nomination is now made, directly, by the legislature. But in most of the States the power of appointing has been claimed by the people, and the judges are voted in by popular election, just as the President of the Union and the Governors of the different States are voted in. There has for some years been a growing tendency in this direction, and the people in most of the States have claimed the power;--or rather the power has been given to the people by politicians who have wished to get into their hands in this way the patronage of the courts. But now, at the present moment, there is arising a strong feeling of the inexpediency of appointing judges in such a manner. An antidemocratic bias is taking possession of men's minds, causing a reaction against that tendency to universal suffrage in everything which prevailed before the war began. As to this matter of the mode of appointing judges, I have heard but one opinion expressed; and I am inclined to think that a change will be made in one State after another, as the const.i.tutions of the different States are revised. Such revisions take place generally at periods of about twenty-five years' duration. If, therefore, it be acknowledged that the system be bad, the error can be soon corrected.

Nor is this mode of appointment the only evil that has been adopted in the State judicatures. The judges in most of the States are not appointed for life, nor even during good behaviour. They enter their places for a certain term of years, varying from fifteen down, I believe, to seven. I do not know whether any are appointed for a term of less than seven years. When they go out they have no pensions; and as a lawyer who has been on the bench for seven years can hardly recall his practice, and find himself at once in receipt of his old professional income, it may easily be imagined how great will be the judge's anxiety to retain his position on the bench. This he can do only by the universal suffrages of the people, by political popularity, and a general standing of that nature which enables a man to come forth as the favourite candidate of the lower orders. This may or may not be well when the place sought for is one of political power,--when the duties required are political in all their bearings.

But no one can think it well when the place sought for is a judge's seat on the bench;--when the duties required are solely judicial.

Whatever hitherto may have been the conduct of the judges in the courts of the different States, whether or no impurity has yet crept in, and the sanct.i.ty of justice has yet been outraged, no one can doubt the tendency of such an arrangement. At present even a few visits to the courts const.i.tuted in this manner will convince an observer that the judges on the bench are rather inferior than superior to the lawyers who practise before them. The manner of address, the tone of voice, the lack of dignity in the judge, and the a.s.sumption by the lawyer before him of a higher authority than his, all tell this tale. And then the judges in these courts are not paid at a rate which will secure the services of the best men. They vary in the different States, running from about 600 to about 1000 per annum. But a successful lawyer practising in the courts in which these judges sit, not unfrequently earns 3000 a year. A professional income of 2000 a year is not considered very high. When the different conditions of the bench are considered, when it is remembered that the judge may lose his place after a short term of years, and that during that short term of years he receives a payment much less than that earned by his successful professional brethren, it can hardly be expected that first-rate judges should be found. The result is seen daily in society. You meet Judge This and Judge That, not knowing whether they are ex-judges or in-judges; but you soon learn that your friends do not hold any very high social position on account of their forensic dignity.

It is, perhaps, but just to add that in Ma.s.sachusetts, which I cannot but regard as in many respects the n.o.blest of the States, the judges are appointed by the Governor, and are appointed for life.

CHAPTER XII.

THE FINANCIAL POSITION.

The Americans are proud of much that they have done in this war, and indeed much has been done which may justify pride; but of nothing are they so proud as of the n.o.ble dimensions and quick growth of their Government debt. That Mr. Secretary Chase, the American Chancellor of the Exchequer, partic.i.p.ates in this feeling I will not venture to say; but if he do not, he is well nigh the only man in the States who does not do so. The amount of expenditure has been a subject of almost national pride, and the two million of dollars a day which has been roughly put down as the average cost of the war, has always been mentioned by northern men in a tone of triumph. This feeling is, I think, intelligible; and although we cannot allude to it without a certain amount of inward sarcasm,--a little gentle laughing in the sleeve, at the nature of this national joy, I am not prepared to say that it is altogether ridiculous. If the country be found able and willing to pay the bill, this triumph in the amount of the cost will hereafter be regarded as having been anything but ridiculous. In private life an individual will occasionally be known to lavish his whole fortune on the accomplishment of an object which he conceives to be necessary to his honour. If the object be in itself good, and if the money be really paid, we do not laugh at such a man for the sacrifices which he makes.

For myself, I think that the object of the northern States in this war has been good. I think that they could not have avoided the war without dishonour, and that it was inc.u.mbent on them to make themselves the arbiters of the future position of the South, whether that future position shall or shall not be one of secession. This they could only do by fighting. Had they acceded to secession without a civil war, they would have been regarded throughout Europe as having shown themselves inferior to the South, and would for many years to come have lost that prestige which their spirit and energy had undoubtedly won for them; and in their own country such submission on their part would have practically given to the South the power of drawing the line of division between the two new countries. That line, so drawn, would have given Virginia, Maryland, Kentucky, and Missouri to the southern Republic. The great effect of the war to the North will be, that the northern men will draw the line of secession, if any such line be drawn. I still think that such line will ultimately be drawn, and that the southern States will be allowed to secede. But if it be so, Virginia, Maryland, Kentucky, and Missouri will not be found among these seceding States; and the line may not improbably be driven south of North Carolina and Tennessee.

If this can be so, the object of the war will, I think, hereafter be admitted to have been good. Whatever may be the cost in money of joining the States which I have named to a free-soil northern people, instead of allowing them to be buried in that dismal swamp, which a confederacy of southern slave States will produce, that cost can hardly be too much. At the present moment there exists in England a strong sympathy with the South, produced partly by the unreasonable vituperation with which the North treated our Government at the beginning of the war, and by the capture of Mason and Slidell; partly also by that feeling of good-will which a looker-on at a combat always has for the weaker side. But, although this sympathy does undoubtedly exist, I do not imagine that many Englishmen are of opinion that a confederacy of southern slave States will ever offer to the general civilization of the world very many attractions. It cannot be thought that the South will equal the North in riches, in energy, in education, or general well-being. Such has not been our experience of any slave country; such has not been our experience of any tropical country; and such especially has not been our experience of the southern States of the North American Union. I am no abolitionist; but to me it seems impossible that any Englishman should really advocate the cause of slavery against the cause of free soil. There are the slaves, and I know that they cannot be abolished,--neither they nor their chains; but, for myself, I will not willingly join my lot with theirs. I do not wish to have dealings with the African negro either as a free man or as a slave, if I can avoid them, believing that his employment by me in either capacity would lead to my own degradation.* Such, I think, are the feelings of Englishmen generally on this matter. And if such be the case, will it not be acknowledged that the northern men have done well to fight for a line which shall add five or six States to that Union which will in truth be a union of free men, rather than to that Confederacy which, even if successful, must owe its success to slavery?

*In saying this I fear that I shall be misunderstood, let me use what foot-note or other mode of protestation I may to guard myself. In thus speaking of the African negro, I do not venture to despise the work of G.o.d's hands. That He has made the negro, for His own good purposes, as He has the Esquimaux, I am aware. And I am aware that it is my duty, as it is the duty of us all, to see that no injury be done to him, and, if possible, to a.s.sist him in his condition. When I declare that I desire no dealings with the negro, I speak of him in the position in which I now find him, either as a free servant or a slave. In either position he impedes the civilization and the progress of the white man.

In considering this matter it must be remembered that the five or six States of which we are speaking are at present slave States, but that, with the exception of Virginia,--of part only of Virginia,--they are not wedded to slavery. But even in Virginia, great as has been the gain which has accrued to that unhappy State from the breeding of slaves for the southern market,--even in Virginia slavery would soon die out if she were divided from the South, and joined to the North. In those other States, in Maryland, in Kentucky, and in Missouri there is no desire to perpetuate the inst.i.tution. They have been slave States, and as such have resented the rabid abolition of certain northern orators. Had it not been for those orators, and their oratory, the soil of Kentucky would now have been free. Those five or six States are now slave States; but a line of secession drawn south of them will be the line which cuts off slavery from the North. If those States belong to the North when secession shall be accomplished, they will belong to it as free States; but if they belong to the South, they will belong to the South as slave States. If they belong to the North, they will become rich as the North is, and will share in the education of the North.

If they belong to the South they will become poor as the South is, and will share in the ignorance of the South. If we presume that secession will be accomplished,--and I for one am of that opinion,--has it not been well that a war should be waged with such an object as this? If those five or six States can be gained, stretching east and west from the Atlantic to the centre of the continent, hundreds of miles beyond the Mississippi, and north and south over four degrees of lat.i.tude,--if that extent of continent can be added to the free soil of the northern territory, will not the contest that has done this have been worth any money that can have been spent on it?

So much as to the object to be gained by the money spent on the war!

And I think that in estimating the nature of the financial position which the war has produced, it was necessary that we should consider the value of the object which has been in dispute. The object I maintain has been good. Then comes the question whether or no the bill will be fairly paid;--whether they who have spent the money will set about that disagreeable task of settling the account with a true purpose and an honest energy. And this question splits itself into two parts. Will the Americans honestly wish to pay the bill; and if they do so wish, will they have the power to pay it? Again that last question must be once more divided. Will they have the power to pay, as regards the actual possession of the means, and if possessing them, will they have the power of access to those means?

The nation has obtained for itself an evil name for repudiation. We all know that Pennsylvania behaved badly about her money affairs, although she did at last pay her debts. We all know that Mississippi has behaved very badly about her money affairs, and has never paid her debts, nor does she intend to pay them. And, which is worse than this, for it applies to the nation generally and not to individual States, we all know that it was made a matter of boast in the States that in the event of a war with England the enormous amount of property held by Englishmen in the States should be confiscated.

That boast was especially made in the mercantile city of New York; and when the matter was discussed it seemed as though no American realized the iniquity of such a threat. It was not apparently understood that such a confiscation on account of a war would be an act of national robbery justified simply by the fact that the power of committing it would be in the hands of the robbers. Confiscation of so large an amount of wealth would be a smart thing, and men did not seem to perceive that any disgrace would attach to it in the eyes of the world at large. I am very anxious not to speak harsh words of the Americans; but when questions arise as to pecuniary arrangements I find myself forced to acknowledge that great precaution is at any rate necessary.

But, nevertheless, I am not sure that we shall be fair if we allow ourselves to argue as to the national purpose in this matter from such individual instances of dishonesty as those which I have mentioned. I do not think it is to be presumed that the United States as a nation will repudiate its debts because two separate States may have been guilty of repudiation. Nor am I disposed to judge of the honesty of the people generally from the dishonest threatenings of New York, made at a moment in which a war with England was considered imminent. I do believe that the nation, as a nation, will be as ready to pay for the war as it has been ready to carry on the war. That ”ignorant impatience of taxation,” to which it is supposed that we Britons are very subject, has not been a complaint rife among the Americans generally. We, in England, are inclined to believe that hitherto they have known nothing of the merits and demerits of taxation, and have felt none of its annoyances, because their entire national expenditure has been defrayed by light Custom duties; but the levies made in the separate States for State purposes, or chiefly for munic.i.p.al purposes, have been very heavy. They are, however, collected easily, and, as far as I am aware, without any display of ignorant impatience. Indeed, an American is rarely impatient of any ordained law. Whether he be told to do this, or to pay for that, or to abstain from the other, he does do and pay and abstain without grumbling, provided that he has had a hand in voting for those who made the law and for those who carry out the law. The people generally have, I think, recognized the fact that they will have to put their necks beneath the yoke, as the peoples of other nations have put theirs, and support the weight of a great national debt.

When the time comes for the struggle,--for the first uphill heaving against the terrible load which they will henceforth have to drag with them in their career, I think it will be found that they are not ill-inclined to put their shoulders to the work.

Then as to their power of paying the bill! We are told that the wealth of a nation consists in its labour, and that that nation is the most wealthy which can turn out of hand the greatest amount of work. If this be so the American States must form a very wealthy nation, and as such be able to support a very heavy burden. No one, I presume, doubts that that nation which works the most, or works rather to the best effect, is the richest. On this account England is richer than other countries, and is able to bear, almost without the sign of an effort, a burden which would crush any other land. But of this wealth the States own almost as much as Great Britain owns.

The population of the northern States is industrious, ambitious of wealth, and capable of work as is our population. It possesses, or is possessed by, that restless longing for labour which creates wealth almost unconsciously. Whether this man be rich or be a bankrupt, whether the bankers of that city fail or make their millions, the creative energies of the American people will not become dull.

Idleness is impossible to them, and therefore poverty is impossible.

Industry and intellect together will always produce wealth; and neither industry nor intellect is ever wanting to an American. They are the two gifts with which the fairy has endowed him. When she shall have added honesty as a third, the tax-gatherer can desire no better country in which to exercise his calling.

I cannot myself think that all the millions that are being spent would weigh upon the country with much oppression, if the weight were once properly placed upon the muscles that will have to bear it. The difficulty will be in the placing of the weight. It has, I know, been argued that the circ.u.mstances under which our national debt has extended itself to its present magnificent dimensions cannot be quoted as parallel to those of the present American debt, because we, while we were creating the debt, were taxing ourselves very heavily, whereas the Americans have gone a-head with the creation of their debt before they have levied a s.h.i.+lling on themselves towards the payment of those expenses for which the debt has been encountered.

But this argument, even if it were true in its gist, goes no way towards proving that the Americans will be unable to pay. The population of the present free-soil States is above eighteen millions; that of the States which will probably belong to the Union if secession be accomplished is about twenty-two millions. At a time when our debt had amounted to six hundred millions sterling, we had no population such as that to bear the burden. It may be said that we had more ama.s.sed wealth than they have. But I take it that the ama.s.sed wealth of any country can go but a very little way in defraying the wants or in paying the debts of a people. We again come back to the old maxim, that the labour of a country is its wealth; and that a country will be rich or poor in accordance with the intellectual industry of its people.

But the argument drawn from that comparison between our own conduct when we were creating our debt, and the conduct of the Americans while they have been creating their debt,--during the twelve months from April 1, 1861, to March 31, 1862, let us say,--is hardly a fair argument. We, at any rate, knew how to tax ourselves,--if only the taxes might be forthcoming. We were already well used to the work; and a minister with a willing House of Commons had all his material ready to his hand. It has not been so in the United States. The difficulty has not been with the people who should pay the taxes, but with the minister and the Congress which did not know how to levy them. Certainly not as yet have those who are now criticising the doings on the other side of the water, a right to say that the American people are unwilling to make personal sacrifices for the carrying out of this war. No sign has as yet been shown of an unwillingness on the part of the people to be taxed. But wherever a sign could be given, it has been given on the other side. The separate States have taxed themselves very heavily for the support of the families of the absent soldiers. The extra allowances made to maimed men, amounting generally to twenty-four s.h.i.+llings a month, have been paid by the States themselves, and have been paid almost with too much alacrity.

I am of opinion that the Americans will show no unwillingness to pay the amount of taxation which must be exacted from them; and I also think that as regards their actual means they will have the power to pay it. But as regards their power of obtaining access to those means, I must confess that I see many difficulties in their way.

In the first place they have no financier,--no man who by natural apt.i.tude and by long continued contact with great questions of finance, has enabled himself to handle the money affairs of a nation with a master's hand. In saying this I do not intend to impute any blame to Mr. Chase, the present Secretary at the Treasury. Of his ability to do the work properly, had he received the proper training, I am not able to judge. It is not that Mr. Chase is incapable. He may be capable or incapable. But it is that he has not had the education of a national financier, and that he has no one at his elbow to help him who has had that advantage.