Part 10

Shall we not resolve to put upon ourselves the restraints which will bring to our people the happiness and the great and lasting influence for peace we covet for them?

APPEAL FOR ADDITIONAL REVENUE

GENTLEMEN OF THE CONGRESS:

I come to you to-day to discharge a duty which I wish with all my heart I might have been spared; but it is a very clear duty, and therefore I perform it without hesitation or apology. I come to ask very earnestly that additional revenue be provided for the Government.

During the month of August there was, as compared with the corresponding month of last year, a falling off of $10,629,538 in the revenues collected from customs. A continuation of this decrease in the same proportion throughout the current fiscal year would probably mean a loss of customs revenues of from sixty to one hundred millions. I need not tell you to what this falling off is due. It is due, in chief part, not to the reductions recently made in the customs duties, but to the great decrease in importations; and that is due to the extraordinary extent of the industrial area affected by the present war in Europe. Conditions have arisen which no man foresaw; they affect the whole world of commerce and economic production; and they must be faced and dealt with.

It would be very unwise to postpone dealing with them. Delay in such a matter and in the particular circumstances in which we now find ourselves as a nation might involve consequences of the most embarrassing and deplorable sort, for which I, for one, would not care to be responsible. It would be very dangerous in the present circumstances to create a moment's doubt as to the strength and sufficiency of the Treasury of the United States, its ability to assist, to steady, and sustain the financial operations of the country's business. If the Treasury is known, or even thought, to be weak, where will be our peace of mind? The whole industrial activity of the country would be chilled and demoralized. Just now the peculiarly difficult financial problems of the moment are being successfully dealt with, with great self-possession and good sense and very sound judgment; but they are only in process of being worked out. If the process of solution is to be completed, no one must be given reason to doubt the solidity and adequacy of the Treasury of the Government which stands behind the whole method by which our difficulties are being met and handled.

The Treasury itself could get along for a considerable period, no doubt, without immediate resort to new sources of taxation. But at what cost to the business of the community? Approximately $75,000,000, a large part of the present Treasury balance, is now on deposit with national banks distributed throughout the country. It is deposited, of course, on call. I need not point out to you what the probable consequences of inconvenience and distress and confusion would be if the diminishing income of the Treasury should make it necessary rapidly to withdraw these deposits. And yet without additional revenue that plainly might become necessary, and the time when it became necessary could not be controlled or determined by the convenience of the business of the country. It would have to be determined by the operations and necessities of the Treasury itself. Such risks are not necessary and ought not to be run. We cannot too scrupulously or carefully safeguard a financial situation which is at best, while war continues in Europe, difficult and abnormal. Hesitation and delay are the worst forms of bad policy under such conditions.

And we ought not to borrow. We ought to resort to taxation, however we may regret the necessity of putting additional temporary burdens on our people. To sell bonds would be to make a most untimely and unjustifiable demand on the money market; untimely, because this is manifestly not the time to withdraw working capital from other uses to pay the Government's bills; unjustifiable, because unnecessary. The country is able to pay any just and reasonable taxes without distress. And to every other form of borrowing, whether for long periods or, for short, there is the same objection. These are not the circumstances, this is at this particular moment and in this particular exigency not the market, to borrow large sums of money. What we are seeking is to ease and assist every financial transaction, not to add a single additional embarrassment to the situation. The people of this country are both intelligent and profoundly patriotic. They are ready to meet the present conditions in the right way and to support the Government with generous self-denial. They know and understand, and will be intolerant only of those who dodge responsibility or are not frank with them.

The occasion is not of our own making. We had no part in making it. But it is here. It affects us as directly and palpably almost as if we were participants in the circumstances which gave rise to it. We must accept the inevitable with calm judgment and unruffled spirits, like men accustomed to deal with the unexpected, habituated to take care of themselves, masters of their own affairs and their own fortunes. We shall pay the bill, though we did not deliberately incur it.

In order to meet every demand upon the Treasury without delay or peradventure and in order to keep the Treasury strong, unquestionably strong, and strong throughout the present anxieties, I respectfully urge that an additional revenue of $100,000,000 be raised through internal taxes devised in your wisdom to meet the emergency. The only suggestion I take the liberty of making is that such sources of revenue be chosen as will begin to yield at once and yield with a certain and constant flow.

I cannot close without expressing the confidence with which I approach a Congress, with regard to this or any other matter, which has shown so untiring a devotion to public duty, which has responded to the needs of the Nation throughout a long season despite inevitable fatigue and personal sacrifice, and so large a proportion of whose Members have devoted their whole time and energy to the business of the country.

THE OPINION OF THE WORLD

MR. PRESIDENT, GENTLEMEN OF THE AMERICAN BAR ASSOCIATION:

I am very deeply gratified by the greeting that your president has given me and by your response to it. My only strength lies in your confidence.

We stand now in a peculiar case. Our first thought, I suppose, as lawyers, is of international law, of those bonds of right and principle which draw the nations together and hold the community of the world to some standards of action. We know that we see in international law, as it were, the moral processes by which law itself came into existence. I know that as a lawyer I have myself at times felt that there was no real comparison between the law of a nation and the law of nations, because the latter lacked the sanction that gave the former strength and validity. And yet, if you look into the matter more closely, you will find that the two have the same foundations, and that those foundations are more evident and conspicuous in our day than they have ever been before.

The opinion of the world is the mistress of the world; and the processes of international law are the slow processes by which opinion works its will. What impresses me is the constant thought that that is the tribunal at the bar of which we all sit. I would call your attention, incidentally, to the circumstance that it does not observe the ordinary rules of evidence; which has sometimes suggested to me that the ordinary rules of evidence had shown some signs of growing antique. Everything, rumor included, is heard in this court, and the standard of judgment is not so much the character of the testimony as the character of the witness. The motives are disclosed, the purposes are conjectured, and that opinion is finally accepted which seems to be, not the best founded in law, perhaps, but the best founded in integrity of character and of morals. That is the process which is slowly working its will upon the world; and what we should be watchful of is not so much jealous interests as sound principles of action. The disinterested course is always the biggest course to pursue not only, but it is in the long run the most profitable course to pursue. If you can establish your character, you can establish your credit.

What I wanted to suggest to this association, in bidding them very hearty welcome to the city, is whether we sufficiently apply these same ideas to the body of municipal law which we seek to administer. Citations seem to play so much larger a role now than principle. There was a time when the thoughtful eye of the judge rested upon the changes of social circumstances and almost palpably saw the law arise out of human life. Have we got to a time when the only way to change law is by statute? The changing of law by statute seems to me like mending a garment with a patch, whereas law should grow by the life that is in it, not by the life that is outside of it.

I once said to a lawyer with whom I was discussing some question of precedent, and in whose presence I was venturing to doubt the rational validity, at any rate, of the particular precedents he cited, "After all, isn't our object justice?" And he said, "God forbid! We should be very much confused if we made that our standard. Our standard is to find out what the rule has been and how the rule that has been applies to the case that is." I should hate to think that the law was based entirely upon "has beens." I should hate to think that the law did not derive its impulse from looking forward rather than from looking backward, or, rather, that it did not derive its instruction from looking about and seeing what the circumstances of man actually are and what the impulses of justice necessarily are.

Understand me, gentlemen, I am not venturing in this presence to impeach the law. For the present, by the force of circumstances, I am in part the embodiment of the law, and it would be very awkward to disavow myself. But I do wish to make this intimation, that in this time of world change, in this time when we are going to find out just how, in what particulars, and to what extent the real facts of human life and the real moral judgments of mankind prevail, it is worth while looking inside our municipal law and seeing whether the judgments of the law are made square with the moral judgments of mankind. For I believe that we are custodians, not of commands, but of a spirit. We are custodians of the spirit of righteousness, of the spirit of equal-handed justice, of the spirit of hope which believes in the perfectibility of the law with the perfectibility of human life itself.

Public life, like private life, would be very dull and dry if it were not for this belief in the essential beauty of the human spirit and the belief that the human spirit could be translated into action and into ordinance. Not entire. You cannot go any faster than you can advance the average moral judgments of the mass, but you can go at least as fast as that, and you can see to it that you do not lag behind the average moral judgments of the mass. I have in my life dealt with all sorts and conditions of men, and I have found that the flame of moral judgment burned just as bright in the man of humble life and limited experience as in the scholar and the man of affairs. And I would like his voice always to be heard, not as a witness, not as speaking in his own case, but as if he were the voice of men in general, in our courts of justice, as well as the voice of the lawyers, remembering what the law has been. My hope is that, being stirred to the depths by the extraordinary circumstances of the time in which we live, we may recover from those depths something of a renewal of that vision of the law with which men may be supposed to have started out in the old days of the oracles, who communed with the intimations of divinity.

THE POWER OF CHRISTIAN YOUNG MEN

MR. PRESIDENT, MR. PORTER, LADIES AND GENTLEMEN:

I feel almost as if I were a truant, being away from Washington to-day, but I thought that perhaps if I were absent the Congress would have the more leisure to adjourn. I do not ordinarily open my office at Washington on Saturday. Being a schoolmaster, I am accustomed to a Saturday holiday, and I thought I could not better spend a holiday than by showing at least something of the true direction of my affections; for by long association with the men who have worked for this organization I can say that it has enlisted my deep affection.

I am interested in it for various reasons. First of all, because it is an association of young men. I have had a good deal to do with young men in my time, and I have formed an impression of them which I believe to be contrary to the general impression. They are generally thought to be arch radicals. As a matter of fact, they are the most conservative people I have ever dealt with. Go to a college community and try to change the least custom of that little world and find how the conservatives will rush at you. Moreover, young men are embarrassed by having inherited their fathers' opinions. I have often said that the use of a university is to make young gentlemen as unlike their fathers as possible. I do not say that with the least disrespect for the fathers; but every man who is old enough to have a son in college is old enough to have become very seriously immersed in some particular business and is almost certain to have caught the point of view of that particular business. And it is very useful to his son to be taken out of that narrow circle, conducted to some high place where he may see the general map of the world and of the interests of mankind, and there shown how big the world is and how much of it his father may happen to have forgotten. It would be worth while for men, middle-aged and old, to detach themselves more frequently from the things that command their daily attention and to think of the sweeping tides of humanity.

Therefore I am interested in this association, because it is intended to bring young men together before any crust has formed over them, before they have been hardened to any particular occupation, before they have caught an inveterate point of view; while they still have a searchlight that they can swing and see what it reveals of all the circumstances of the hidden world.

I am the more interested in it because it is an association of young men who are Christians. I wonder if we attach sufficient importance to Christianity as a mere instrumentality in the life of mankind. For one, I am not fond of thinking of Christianity as the means of saving individual souls. I have always been very impatient of processes and institutions which said that their purpose was to put every man in the way of developing his character. My advice is: Do not think about your character. If you will think about what you ought to do for other people, your character will take care of itself. Character is a by-product, and any man who devotes himself to its cultivation in his own case will become a selfish prig. The only way your powers can become great is by exerting them outside the circle of your own narrow, special, selfish interests. And that is the reason of Christianity. Christ came into the world to save others, not to save himself; and no man is a true Christian who does not think constantly of how he can lift his brother, how he can assist his friend, how he can enlighten mankind, how he can make virtue the rule of conduct in the circle in which he lives. An association merely of young men might be an association that had its energies put forth in every direction, but an association of Christian young men is an association meant to put its shoulders under the world and lift it, so that other men may feel that they have companions in bearing the weight and heat of the day; that other men may know that there are those who care for them, who would go into places of difficulty and danger to rescue them, who regard themselves as their brother's keeper.

And, then, I am glad that it is an association. Every word of its title means an element of strength. Young men are strong. Christian young men are the strongest kind of young men, and when they associate themselves together they have the incomparable strength of organization. The Young Men's Christian Association once excited, perhaps it is not too much to say, the hostility of the organized churches of the Christian world, because the movement looked as if it were so non-sectarian, as if it were so outside the ecclesiastical field, that perhaps it was an effort to draw young men away from the churches and to substitute this organization for the great bodies of Christian people who joined themselves in the Christian denominations. But after a while it appeared that it was a great instrumentality that belonged to all the churches; that it was a common instrument for sending the light of Christianity out into the world in its most practical form, drawing young men who were strangers into places where they could have companionship that stimulated them and suggestions that kept them straight and occupations that amused them without vicious practice; and then, by surrounding themselves with an atmosphere of purity and of simplicity of life, catch something of a glimpse of the great ideal which Christ lifted when He was elevated upon the cross.

I remember hearing a very wise man say once, a man grown old in the service of a great church, that he had never taught his son religion dogmatically at any time; that he and the boy's mother had agreed that if the atmosphere of that home did not make a Christian of the boy, nothing that they could say would make a Christian of him. They knew that Christianity was catching, and if they did not have it, it would not be communicated. If they did have it, it would penetrate while the boy slept, almost; while he was unconscious of the sweet influences that were about him, while he reckoned nothing of instruction, but merely breathed into his lungs the wholesome air of a Christian home. That is the principle of the Young Men's Christian Association--to make a place where the atmosphere makes great ideals contagious. That is the reason that I said, though I had forgotten that I said it, what is quoted on the outer page of the program--that you can test a modern community by the degree of its interest in its Young Men's Christian Association. You can test whether it knows what road it wants to travel or not. You can test whether it is deeply interested in the spiritual and essential prosperity of its rising generation. I know of no test that can be more conclusively put to a community than that.