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My Observations of the book: Four Aspects of Civic Duty written by William Howard Taft. This came from a series of speeches he gave in 1906 while he was Secretary of the Navy. The series of speeches which include four were made at Yale University and were published in December of 1906. The four speeches that Taft gave concerned four segments of civic responsibility. The first one was as a graduate of a university; the second one was as a judge on the bench; the third was a colonial administration; and, the fourth was as of the national executive. Section 1: The duties of citizenship viewed from the standpoint of a recent graduate of a university. Taft believed young people graduating from college that had wealth would be more useful if they would devote their attention to politics and public matters, to assume official responsibilities, to follow and preserve the public weal and by reason of the independence of salaries in office to exercise the beneficent influence of disinterested patriotism and attention to public affairs (page 7-8). Taft points out the training at universities in political economy and sociology and other scientific studies generally affects one view as to how the real world works by generally developing a cynicism and impatience with government, concluding that the government is run poorly, there is little understanding of the fundamental rules upon which all public affairs ought to be conducted (pages 9-10). Taft points out those key points learned in college quickly change when the graduate must go into the real world and earn a living and that shortly he will be buying where he can buy the cheapest and selling where he can sell at the highest prices. In short, being motivated by purely business considerations (pages 10-11). This introduces a laissez faire doctrine which basically holds that the least interference by legislation with the operation of natural laws in the end is the best for the public, that the only proper object of legislation was to free the pathway of commerce and opportunity from the affect of everything but competition and enlightened selfishness. Once the government was successful at that, they discharged all of his proper functions. He advocates the government assuming control not by may of initiation and administration but by way of effective regulation of private enterprise (page 11-12). Taft believes there are two issues with which man and the free world is concerned. One is his personal freedom and the second is the right of property (page 15). Taft holds that the laborer should have enjoyed that which his labor produces. Taft spins the concept of the laborer enjoying his labor into the concepts of capital and capitalization. Capitalization spins as an essential principle in the development of the race for the right of free property to violence, fraud, cruelty and oppression (page 18). All of this has led to modern civilization (page 19). Taft says what is expected of a graduate politically: (1) he should learn where to vote and vote (page 20). He encourages party recognition and regularity (page 22). The existence of parties, their maintenance and their discipline are essential to the carrying out of any popular government (page 25). Taft argues that if you split from your party, you lose any influence you may have to exert in determining the policies of government which he feels is the result of the party system (page 26). After party affiliation and voting, Taft advocates that the individual citizen must learn his local situation – that means becoming familiar with local politicians, meeting well-to-do and well-educated persons, meeting laborers, artisans, storekeepers, saloonkeepers, so that he may understand what are the controlling influences in the primaries and elections of his local (page 28). Personal contact is required if you are going to have influence (page 29). You must understand the modis, the emotions and the real feelings of the great mass of the American people (page 30). Taft ends by stating that it is the duty of the college graduate “to take a deep interest in local politics, to learn what they are, to study the actual conditions that prevail with respect to the electorate and to affiliate themselves with local political movements in order that they may find for themselves opportunities to usefulness. If the country is not to avail itself of the intelligence, patriotism and disinterestedness of its educated men and especially of those who can devote a large part of their time to public matters, it will lose the benefit of the progress that we hope we are making by extended higher education” (page 34). Section 2: The duties of citizenship viewed from the standpoint of a judge on the bench. Taft points out that he was 29 years old when he went on the state bench and served for three years. Then, at the age of 32, he went to the federal bench where he served for nine years. He acknowledges that he was very limited in the law when upon the bench and states “it is true that in this way one gets his legal education at the expense of the public, and tries his prentice hand on the litigants as victims; that after a time, if he is at all apt and anxious and earnest, the public makes a good judge of him” (page 35). The first obligation of a judge is his duty to sit on the jury and to spend the time necessary to make up the tribunal which the common law and the constitution make necessary for the determination of issues of fact in common law civil cases and criminal cases (page 36). (Note: This is a judge looking at a citizen’s obligation to participate in society (page 36 –37)). Taft points out that part of the jury process if the trial judge. The judge tells the jury what law is to be used, the court will comment throughout the jury process on the evidence. He criticizes what he sees as being the southern and western states in that legislation has taken over the ability of the judge to participate in the jury process by giving written jury statements (page 38-39). Taft criticizes the court system for not following the law as carefully as it should, especially in the area of property rights and criminals being uniformly and with certainty punished (page 39-40). He points out that the district courts (the federal courts) do follow the common law practice and the judge can participate. “The great advantage of a jury trial in a popular government is that it gives the public confidence that in criminal cases which involves the liberty or life of a citizen and the public, he can be assured that there will be intervene in the consideration of his cause twelve impartial and indifferent persons selected by lot as a tribunal to decide about his guilt (page 41).” The jury system popularizes the court giving the people an understanding that they have a part in the administration of justice (page 42). It is important that the courts demonstrate to the public that the courts are impartial and righteous. Continued lack of public confidence in the courts will sap their foundations. Therefore, a judge will strive to avoid every appearance and undue leaning towards either side; he will give patient hearing to counsel for each party; he will not betray his conclusion until he has heard in full from the party whose position cannot be supported and he will have flexibility to change his view (page 44). The next duty of the citizen is that he must maintain the supremacy of the law (page 46). He points out legislatures must enact laws that the public community will obey and which are enforceable (page 46). The constant violation or neglect of any law leads to a demoralized view of all laws and the choice of laws to be enforced then becomes as uncertain as the guess of a political execution in respect to public opinion is likely to make it (page 48). Taft points out his concern that defendants should not be allowed to get out of convictions where the evidence is strong because of technical issues (page 49). He states that the emotional and untrue doctrine that it is better that 99 guilty men should escape than one innocent man should be punished has done much to make the criminal trials a farce (page 50). He points out that he is aware that wealthy try to evade and escape the laws of the country in their pursuit of wealth. He states that such men do not see laws being made for the purposes of restraining them, that they are in a sense above the law; that they can employ able and acute counsel that can get them out of trouble with the laws and help them to avoid law (page 51). He mentions the Sherman Antitrust Law (page 52). He feels that the previous ten years was the greatest period of prosperity known in the history of the country (page 53-54). Taft advocates that the Supreme Court of the United States is the whole background of the government. It is the body that determines whether congress is acting within its constitutional limitations; it determines whether the executive has exceeded his legal authority; it is the last resort and the final tribunal; its power and precedent rest upon the supremacy of the fundamental law which it is its duty to declare and to preserve (page 59). Section 3: The duties of citizenship viewed from the standpoint of colonial administration. Taft was the first governor of the Philippine Islands after we won the Philippines in the Spanish American War. Taft spends a considerable part of the talk on explaining the American-Philippi no relationship. After we occupied the Philippines, we had approximately 65,000 troops stationed there. American merchants primarily did business with the Americans and detesting or making fun of or holding in disdain the Philippinos. Philippinos turned to other countries, Great Britain, Germany, etc., to do trade. When the American troops left, the American merchants were left at the mercy of the Philippinos who they still detested. Therefore, the American merchants blamed the American government for not backing them and forcing the Philippinos to economically trade with them. Taft argues that the United States’ interests should not be one of selfishness but in promoting the interests of the Philippinos in every way. This would enable him to make a better living (page 68). Therefore, Taft says that an American citizen that goes to the Philippine Islands should make himself as well acquainted with the country in which he is living as he can; to cultivate their good will and have them understand that the interests of the occupied country is paramount in determining the policy of the United States toward the Island (page 68-69). Taft next argues that the Philippi no citizen has an obligation towards the United States government that is there for their protection and well-being and for establishing their government. He states that the Philippi no owes their allegiance to the government and is subject to the duties that citizens ordinarily owe to the government that gives them protection and looks after their governmental needs (page 69). There is discussion that the United States would, in fact, sell the Philippines to the Japanese -- Taft discounts that. Taft points out that the Philippinos primarily are uneducated and that they are not particularly interested as to what kind of government they have – they just want their independence and to be left alone. Taft points out that he has had an opportunity to study the Philippi no people and he believes that the ten percent that are educated and are capable of ruling the country believes that the worst thing that could happen would be for the United States to abandon them (page 71). Taft next discusses the American citizen in the United States and what is their duty to the Philippine Islands. American people see it as being too costly with little in the way of return. Taft points out that the American people have the responsibility to discharge their duty, having taken over this nation of eight million people that are so different from themselves. Taft sees their obligations in the Philippines as being a national duty, one that a country that has greater prosperity and ability to discharge it must fulfill (page 78). Taft believes the very basic issue of the Philippines is their financial development. They were under hard economic times; they had dreadful agricultural depression; and, at least by 1906, still had not felt a period of prosperity. They held the Americans accountable for that. Taft was stating that the American people and congress were obligated to help with the balance of trade, thus bringing prosperity to the Philippines. At that point, the Philippinos would acknowledge what the United States had done for them (page 80-81). Taft points out an interesting foreign policy as to colonization. He spends a good bit of time talking about the English and how the English had done everything but educate its colonies for the purposes of self-government. Taft was advocating self-government but points out that a great and prosperous civilized nation, such as the United States, can they execute a healthful and positively beneficial influence upon the growth and development of a people outside of the United States. He indicates that they have to change their nature by developing their physical and intellectual wants, a motive for doing work which does not exist under their present condition (page 87). He points out that seven out of the eight million are Roman Catholic and of Spanish heritage, and they have been for 250 years. But, it is only by the outside aid of friendly and guiding nations that such a country can be made to be prosperous. Section 4: The duties of citizens viewed from the standpoint of the national executive. The first duty Taft points out is that all citizens should support the policies of the president and the executive branch and be tender and gentle in dealing with its defects, suspected or proven (page 90). Taft points out the power of the press. The press has the ability to drive away from the chief executive the moral support, the sympathy and assistance of the public which he feels is essential to the ultimate success of the plans that he has made for the public good (page 91). He advocates the chief executive realizing the truth of whatever the matter is -- overlook the injustice, the comment and the unjust criticism, the deliberate misrepresentations for they will lose their effect by the gradual discovery of the actual facts (page 92). Taft believes the American people are intelligent and keen. They are able after experience to gauge the importance to be attached and the confidence to be accorded to statements made (page 93). Taft next points out that it is the duty of the citizen to suppress their personal feelings in questions of foreign policy (page 94). However, he stresses that in a free government there is a right and duty to criticize that which is plainly wrong no matter how critical a situation with respect to an international controversy (page 95). “Nothing so interferes with the success of a nation in carrying out international matters as a fire in the rear by part of its own people” (page 95). Taft points out one of the chief reasons that the American people misunderstand the chief executive is that they fail to fully appreciate the actual limitations and restrictions upon the exercise of a supposedly unlimited governing power. Taft points out the power of the president to appoint people into his administration. The appointment may be criticized as a mediocre individual being appointed to a very important post. Taft defends the president by saying it is not him that actually makes the appointment but those that he must depend upon to put forth the best person for the job. He states that congressmen and senators from the locality in which the office is to be filled that the president turns to for recommendations. The appointment power is actually in the hands of the senators of the localities with the president actually having the right to veto those recommendations (page 98). Taft next points out the president is the head of the party which elected him and cannot escape responsibility either for his own executive work or for the legislative policy of his party in both houses (page 100). Taft goes on to say that the president is a part of the legislative process in that he is called upon to approve or disapprove the acts of congress. The president is bound to a certain extent to consult the wishes and even the prejudices of the members of his party in both houses in order that there shall be secured a unity of action by which necessary progress may be made and needed measures adopted (page 100). Taft states that although it may take some time, eventually the sense of public duty and the clearness of vision will result in bringing about the kind of legislation which the people want overriding special interests and private enterprise (page 103). Taft states that government has grown so big that it could actually itself with great efficiency without a president, without a cabinet and without congress, except for the lack of appropriation of the money necessary to pay the costs (page 105). He is discussing the civil service law which he says is 95% of government and that they people are actually non-partisan because they are promoted or hired from within and that is why government can run without partisanship (page 105). Taft acknowledges that administrative heads (heads of departments) must determine important questions of broad policy but the aggregate of these questions is quite small in proportion to those which arise every day and have to be decided by the people that have been in those positions for a long time and that they are even in a better position to decide than their superiors (page 106). Taft states that government is divided into three departments: executive, legislative and judicial (page 107). Taft feels that the historical charge that the executive overrides the legislative functions is inaccurate and that it is just the opposite – congress in its legislation has frequently failed to recognize the thing which the constitution certainly intended and that is to give the president the freedom of discretion in executive matters (page 107-108). Taft argues that the rights of the legislature to investigate and criticize executive actions is one of the most important influences towards a better government that exists in the American system. |
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