An Autobiography

napkin. I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws. Under this interpretation of executive power I did and caused to be done many things not previously done by the President and the heads of the departments. I did not usurp power, but I did greatly broaden the use of executive power. In other words, I acted for the public welfare, I acted for the common well-being of all our people, whenever and in whatever manner was necessary, unless prevented by direct constitutional or legislative prohibition. I did not care a rap for the mere form and show of power; I cared immensely for the use that could be made of the substance. The Senate at one time objected to my communicating with them in printing, preferring the expensive, foolish, and laborious practice of writing out the messages by hand. It was not possible to return to the outworn archaism of hand writing; but we endeavored to have the printing made as pretty as possible. Whether I communicated with the Congress in writing or by word of mouth, and whether the writing was by a machine, or a pen, were equally, and absolutely, unimportant matters. The importance lay in what I said and in the heed paid to what I said. So as to my meeting and consulting Senators, Congressmen, politicians, financiers, and labor men. I consulted all who wished to see me; and if I wished to see anyone, I sent for him; and where the consultation took place was a matter of supreme unimportance. I consulted every man with the sincere hope that I could profit by and follow his advice; I consulted every member of Congress who wished to be consulted, hoping to be able to come to an agreement of action with him; and I always finally acted as my conscience and common sense bade me act.

About appointments I was obliged by the Constitution to consult the Senate; and the long-established custom of the Senate meant that in practice this consultation was with individual Senators and even with big politicians who stood behind the Senators. I was only one-half the appointing power; I nominated; but the Senate confirmed. In practice, by what was called “the courtesy of the Senate,” the Senate normally refused to confirm any appointment if the Senator from the State objected to it. In exceptional cases, where I could arouse public attention, I could force through the appointment in spite of the opposition of the Senators; in all ordinary cases this was impossible. On the other hand, the Senator could of course do nothing for any man unless I chose to nominate him. In consequence the Constitution itself forced the President and the Senators from each State to come to a working agreement on the appointments in and from that State.

My course was to insist on absolute fitness, including honesty, as a prerequisite to every appointment; and to remove only for good cause, and, where there was such cause, to refuse even to discuss with the Senator in interest the unfit servant’s retention. Subject to these considerations, I normally accepted each Senator’s recommendations for offices of a routine kind, such as most post offices and the like, but insisted on myself choosing the men for the more important positions. I was willing to take any good man for postmaster; but in the case of a Judge or District Attorney or Canal Commissioner or Ambassador, I was apt to insist either on a given man or else on any man with a given class of qualifications. If the Senator deceived me, I took care that he had no opportunity to repeat the deception.

I can perhaps best illustrate my theory of action by two specific examples. In New York Governor Odell and Senator Platt sometimes worked in agreement and sometimes were at swords’ points, and both wished to be consulted. To a friendly Congressman, who was also their friend, I wrote as follows on July 22, 1903:

I want to work with Platt. I want to work with Odell. I want to support both and take the advice of both. But of course ultimately I must be the judge as to acting on the advice given. When, as in the case of the judgeship, I am convinced that the advice of both is wrong, I shall act as I did when I appointed Holt. When I can find a friend of Odell’s like Cooley, who is thoroughly fit for the position I desire to fill, it gives me the greatest pleasure to appoint him. When Platt proposes to me a man like Hamilton Fish, it is equally a pleasure to appoint him.

This was written in connection with events which led up to my refusing to accept Senator Platt’s or Governor Odell’s suggestions as to a Federal Judgeship and a Federal District Attorneyship, and insisting on the appointment, first of Judge Hough and later of District Attorney Stimson; because in each case I felt that the work to be done was of so high an order that I could not take an ordinary man.

The other case was that of Senator Fulton, of Oregon. Through Francis Heney I was prosecuting men who were implicated in a vast network of conspiracy against the law in connection with the theft of public land in Oregon. I had been acting on Senator Fulton’s recommendations for office, in the usual manner. Heney had been insisting that Fulton was in league with the men we were prosecuting, and that he had recommended unfit men. Fulton had been protesting against my following Heney’s advice, particularly as regards appointing Judge Wolverton as United States Judge. Finally Heney