New-York tribune., 1902-03-31
OUR EX-PRESIDENTS
WHAT SHALL WE DO WITH THEME

IRE TO quote paragraph from one of then
bearing the signature Of eminent barrister
who raises a question that is quite new to th.
debate and invites some comment. He says:
l should oe gratifcd. for the historic as wei
as for the future political interest Of your sug
gestion. - look UT the discussions, il discus
slOns there We're at the time of the formation
OF the constitution on the subject OF life tenures
whether of judges or of others My impression
on the subject slight that they are hardl,
worth stating. No doubt you have considered
however, the principle which We had supposed
10 be essentially American, that, except in Judi
cIal matters. public power OF all kinds high
and low. should be subject 10 popular renewa
and effective criticism from time to time / hon
as soon few hours of leisure come TO me I,
look up what literature there is upon the sub
ject in addition 20 your very persuasive argu
ment
How far it would have been wise for tn,
fathers Of the republic to have made "pubI
power Of all kinds. high and low, except il
judicial matters. subject to popular renewal an,
effective criticism from time to time may be
debatable question; but think little reflection
will satisfy my correspondent that it Canno
yet be treated as an American principle, an,
more than the Monroe Doctrine can be treated
international law.
The army of military and naval pensioners il
already several times more numerous than tn,
entire regular military and naval service of tn,
United States, and is continually on the increase
Every pilttI III Dblu services is also entitled
to be retired with pay for life after prescribed
term. When General Miles. the command
ing general of the army retires from active ser
vice. his country provides him with A liberia
salary for life, and requires from him no further
service in return But when his superior officer
the Commander-in- Chief of the Army and Nav,
of the United States President Roosevelt retire:
he does not take from the government a rib.
bon or button, and is bundled out of the
/ White House into the street with his family or
March g. at the expiration of his term like AZ
| insolvent tenant. Where is the propriety Of thi
discrimination against man who has been th,
choice and favorite of the nation. and honores
with the highest office in its gift in favor OF his
sUbordnates whom he or one of his predecessor,
has appointed and whom he has comnandeda
The justices of the Supreme Court are elected
for life, with the privilege Of retiring a a GER
tain age on fun pay. These especial conditions
are presumably because of their being expertl
IN Jurisprudence. If there was ever any excus,
for making such an exception in their case-ant
no one doubts that there was-is not the excuse
for making a Senator Of an ex-President Ter
times stronger? He certainly would carry int
the Senate degrees and kinds Of information ir
regard to governmental affairs which no Senator
: however long his period of service. could ever
pretend 10 possess. Again. does not the whoIs
notion that public power of all kinds high an6
I low, should be subject TO popular renewal and
effective criticism from time 70 time" is in any
serse an American princtpIe2 As 7 understanS
/ II. every person selected under our Civil Service
/ law holds his Office during good behavior. Ir
/ other words, it is as much life tenure Office as
that OF a justice of the Supreme Court. The
tendency for many years has been TO extend
! the operation Of that law 70 all branches Of the
public service. national. State and municipal
The essence Of it is that Civil Service function.
aries shall lot be subject 10 popular renewal
So far from it. the chief. if not the whole object
Of the law. was 10 prevent such a renewal
! OF course. in republic where the people are
sovereigns. the legislative power has to be con.
hded to representative bodies Il IS also true that
/ the Senate is in certain sense a more repre-.
sentative body than any Of the Executive DE-.
/ partments and therefore has been made subject
/ by the constitution. TO renewal-but not like tbs
! House Of Representatives 70 popular renewal
! Senator'S are not elected by the people but by
/ the legislatures Of the several States. and n
single Senator can he said To represent mors
/ than half a State. and where they disagree. ths
/ State may he said to he unrepresented. as tbs
vote Of one of them neutralizes the vote Of tbs
/ other. The President. the other hand. would
! represent the whole nation, and of course every
! State 81 the nation. and would be rors
| free al all times than any Senator from induce
| ments or temptations 70 misrepresent IL. Hs
would have the additional advantage or beins
| the only member whose conduct in that body
/ could not he suspected Of being influenced by
/ desire 70 b. reelected either 70 that 70 any
higher Office,
| 1 have noticed in the columns Of one OF your
distinguished contemporaries four objections
/ taken to the plan you have suggested FOR the
disposition Of ex-Presidents-
| The FIRST is that the legislator with a life term
of office is not tolerated by American principles
Second-That it would be the introduction Of
an abnormal element into the law making power,
/ and would upset the system Of government
/ through party organizations
Third-That the ex-Presiient would be son
and citizen Of some particular state which ne
would represent and not the nation at large.
Fourth-"A fundamental requirement OF our
/ system Of government is that each Stale SHAH
have equal representation in the United States
! Senate" Of which requirement the ir,troduetion
of an ex-President would be a violation
( The first three Of these objections are think,
practically covered nv the preceding remarks.
] will only add that If the President should
prove the Son Of his State" he would necessa-
riIy prove OK oficio far less so than every other
member of that body, and that would be 50
much 10 the good. I will ask your indulgence
/ for few words in regard to the fourJh-that
/ the constitution guarantees TO each State equal
I representation in the United States Senate.
As the average Of ex-PresidentS for the last
hundred years has been less than three in num-
/ ber IT seems a good deal like borrowing trouole
/ to suppose that such addition 10 the upper
house Of Congress would be likely ever 10 more
, seriously disturb the representative quality or