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                  <text>REBUILDING THE TEMPLE.
BY SALEM DUTCHER.

T is proposed to offer some suggestions for the better government
of these United States.

I

The Money Power.—I. Under the present system the Senate
consists of 74 members and the House of 243. A majority in
either body, or 38 in the Senate and 122 in the House, constitute a
quorum; and a majority of a quorum, or 20 in the Senate and 62 in
the House, can pass any appropriation bill. It is suggested that the
rule should be a two-thirds vote, or, as the figures now stand, 50 in the
Senate and 162 in the House. This would forbid the slipping through
of appropriations “ on a thin house,” and impede, if not prevent, appro­
priations for party purposes.
e .
II. The President has no option as to the items of an appropriation;
he must approve all or reject all, and to remedy the evil growing out
of this—called “sandwiching,” or the insertion of corrupt items in a
bill otherwise fair and right—it is suggested that he should have the
power to approve any appropriation and disapprove any other appro­
priation in the same bill, returning the disapproved items as in the
case of any other veto.
.
III. A practice has grown up in Congress of appropriating the pub­
lic lands, money, and credit to private railway companies, which com­
panies while constructing their roads out of the property of the people
of the United States, yet charge said people for the use of said roads as
fully as if they had been built with the companies’ own private means.
The corruptions superinduced by this practice are even more signal
than the injustice it embodies of charging the people for the use of
their own property; and it is suggested that Congress should be strictly
inhibited from any loan or gift of the lands, money, or credit of the
United States to any person, association, or corporation for the pur­
poses of internal improvement.
New States.—The Senate consists of two representatives—aptly
termed ambassadors—from each State, and by reason of this equality
all the States are governmentally upon a par. On any given bill the
one member in the House from Nevada may vote no, and the thirty-one
members from New York vote aye, thus— supposing the vote of the
House otherwise to be equally divided—carrying the measure by thirty
majority; but on reaching the Senate the two Nevada senators are

�182

REBUILDING

THE

TEMPLE.

equal in their votes to the two from New York, and so far as any
measure turns on the States in question, Nevada puts New York at a
dead-lock. The chain being no stronger than its weakest link, it thus
appears that the political superiority of a large State to a small one is
more fanciful than real, and in this view the immense importance of
admitting a State may be perceived. And yet, just as twenty-five per
cent of Congress may appropriate millions, the same small proportion
can bring in new States. The temptation so to do for the purpose of
retaining or enlarging party power is one that these few years past haye
shown to be irresistible, and it is therefore suggested that no new States
should be admitted save by a two-thirds vote of both houses, the Senate
voting by States.
The Presidency.—Under the present system the President is eligible
indefinitely, and experience has proven that no sooner is a man chosen
to the chief magistracy than he uses the powers of that office to secure
a re-election. It is suggested, therefore, that the President be not
re-eligible.
Office.—The practice of putting up the public employments of the
United States as a prize for the victorious party at each presidential
election is too notorious an evil to need exposition. An efficient, faith­
ful, and necessary public officer should not be removed so long as his
services are necessary, trustworthy and competent, always excepting
members of the Cabinet and persons in the diplomatic service, the
nature of whose employ renders it proper that the executive should
have the power to remove them at pleasure. Saving these, it is sug­
gested that all public officers should be removable by the appointing
power when their services are unnecessary, or for misconduct or ineffi­
ciency, and not otherwise. On this as a basis a civil service, which is.
an institution of slow growth, might be reared.
The Treaty Power.—Under the present system, it is the preroga­
tive of the President, “by and with the advice and consent of the
Senate, to make treaties, provided two-thirds of the senators present
concur.” As this latter clause puts it in the power of two-thirds of a
quorum, or but a fraction over one-third of the whole number of sena­
tors, to concur in the making of any treaty proposed by the executive,
it follows, as the law now stands, that the President and any 26 out of
the 74 senators may conclude a treaty which shall be as binding upon
the United States as the Constitution itself. By such treaty, further­
more, the faith of the United States may be pledged to the payment of
any large amount of money—as witness the $7,000,000 in gold coin for
Alaska—without any consultation with, or consent by, the House,
which is supposed to be so peculiarly the guardian of the public wealth
that all bills for raising revenue must originate therein, and on such
pledge the House is reduced to the alternative either of repudiating
the same and thus staining the credit of the republic, or acceding to an
appropriation which it may not approve either in object or amount.

�REBUILDING

THE

183

TEMPLE.

To do away with the evils of so anomalous a disposition of powers, it is
suggested that in case a proposed treaty calls for money, the concur­
rence of the House by a two-thirds vote thereof should be obtained as
to so much of said treaty as regards the contemplated expenditure, and
then that two-thirds of all the senators elected to the Senate concur in
the treaty as a whole; all treaties not calling for money beyond a cer­
tain merely ministerial amount, say $50,000, to be concurred in by a
majority of all the senators elected.
Representation.—Coming to the House, which is supposed to repre­
sent population, it appears that though the popular vote at the presi­
dential election of 1868 was 2,985,031 Republicans to 2,648,830 Demo­
crats, the representatives stand 164 Republicans to 70 Democrats, instead
of 129 Republicans to 114 Democrats, as it should have been on the
ratio of the popular vote. This disproportion is due much less to a
defect in, than to an interference with, the electoral system. But for
extraneous violence the elections of 1868 would have given the compo­
sition of the House as 124 Republicans to 119 Democrats, which would
fairly enough have represented the popular vote as above given. As
regards the general result, therefore, it does not appear but that the
present electoral system, if respected, would give a representation in
the House consonant with the political ‘ complexion of the republic at
large; but, on coming to particulars, it is evident that the representa­
tion of the several States is not always a fair reflex of party strength
within them. Thus, the actual and proportionate representation
respectively of Massachusetts and Kentucky as compared with the
strength of parties within those States, is as follows :
VOTE.

REPRESENTATIVES.
Proportionate.
Actual.

Hep.

Massachusetts, . . .
Kentucky, . . . .

Dem.

R.

D.

R.

D.

132,000
40,000

63,000
116,000

7
2

3
7

10
0

0
9

To provide against such nullification of the minority as this is the
aim of minority, or proportional, representation, of which, as the elec­
tion of Representatives is purely a State matter and this paper regards
the Federal polity alone, nothing will be said save so far as respects the
effect of minority representation on the House. It is carefully to be
borne in mind that, while proportional representation may give the
minority more voice, it by no means follows that it necessarily gives
that minority more power. Somewheres the majority must rule, and
that place is the representative body. On the subject of representation,
it is suggested that, whatever good results may enure to particular
States from proportional representation, a correct reflex in the House of
the whole country can be best obtained by a removal of all present re­
straints upon the electoral system set forth in the Federal Constitution
and a relegation of the people of the United States to their original un­
fettered right of selecting as their representatives whom they please.

�184

REBUILDING

THE TEMPLE.

The best practical manner of carrying into effect the suggestions of
this paper need not now be touched. For the present it is sufficient to
commend them on their abstract merits to the public attention.
REMARKS BY EDITOR.
In giving place to Mr. Dutcher’s paper, I wish to say, that while I
heartily approve of all the suggestions he makes, I do not believe their
adoption would restore health to the body politic. The disease is moral,
not political ; the difficulty is not so much with the machinery as with
the driving power. All our legislative bodies, municipal, state and
national, are corrupt because the moral sense of the American people
has been debauched by a series of unfavorable influences. Among
these may be mentioned :
1. The decay of theology. The Protestant sects in their days of
vigor and virulence did supply a sort of moral sense to the community
which has been gradually weakening with the growth of liberalism and
the accumulation of proofs of the unsoundness, historically and scien­
tifically, of the current theological dogmas. The belief in a hell was a
low motive to influence conduct, but it had its effect when men had a
real fear of eternal torments.
2. The anti-social and individualistic character of the philosophy
which underlies American institutions is beginning to bear its bitter
fruit. In the American conception, the individual is everything—he
is the centre of the universe; hence egotism, selfishness, the pursuit of
individual good without regard to the general welfare, The Human
Rights dogma, carried out logically, can have no other result than
social and political anarchy. The Transcendental Philosophy, so-called,
Liberal Christianity; the writings of Channing, Parker, Emerson,
Beecher and Frothingham, all help in this movement toward chaos and
the moral death of the nation.
3. The ease with which wealth is acquired in this age of invention
and machinery, and the universal belief in that most damnable of all
the doctrines of the political economists, that property is a personal
appendage and not an institution to satisfy social needs, is turning the
whole nation, women as well as men, into mere selfish money grubbers.
All Americans are on the “ make.”
The only hope is in the growth of a religion and a philosophy more
in accord with the higher instincts of humanity. These in time will
indicate a polity which will restore health and soundness to the state.
The outlook to the political philosopher is very gloomy, so far as the
immediate future is concerned. We have entered upon an era of cor-'
ruption; of public and private dishonesty appalling to contemplate.
Fraud will abound and violence, I fear, will accompany it. Let the
reader cut this out and paste in his common-place book to read ten
years from now.

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                <text>A collection of digitised nineteenth-century pamphlets from Conway Hall Library &amp;amp; Archives. This includes the Conway Tracts, Moncure Conway's personal pamphlet library; the Morris Tracts, donated to the library by Miss Morris in 1904; the National Secular Society's pamphlet library and others. The Conway Tracts were bound with additional ephemera, such as lecture programmes and handwritten notes.&lt;br /&gt;&lt;br /&gt;Please note that these digitised pamphlets have been edited to maximise the accuracy of the OCR, ensuring they are text searchable. If you would like to view un-edited, full-colour versions of any of our pamphlets, please email librarian@conwayhall.org.uk.&lt;br /&gt;&lt;br /&gt;&lt;span&gt;&lt;img src="http://www.heritagefund.org.uk/sites/default/files/media/attachments/TNLHLF_Colour_Logo_English_RGB_0_0.jpg" width="238" height="91" alt="TNLHLF_Colour_Logo_English_RGB_0_0.jpg" /&gt;&lt;/span&gt;</text>
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Collation: [183]-184 p. ; 26 cm.&#13;
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