Ohio History Journal




LEWIS L

LEWIS L. GOULD

 

William McKinley and the

Expansion of Presidential Power

 

 

In the wake of the Vietnam War and Watergate, much attention,

both scholarly and popular, has been devoted to the rise of the "Im-

perial Presidency" in this century.1 Those who have traced the evolu-

tion of this concept of presidential power appear to date its modern

emergence from the accession of Theodore Roosevelt to the office in

September 1901. Writing in the mid-1950s in his influential The Amer-

ican Presidency, Clinton Rossiter described Roosevelt as "a brilliant

molder and interpreter of public opinion" who "scored several genu-

ine triumphs as leader of Congress" and "conducted our diplomacy

with unusual vigor." Loren P. Beth concluded in 1971 that "the out-

lines of the modern presidency were clearly discernible" when Roose-

velt left office. In a recent three-volume examination of the growth of

presidential power, William M. Goldsmith said that Roosevelt pro-

vided "an irrevocable model for dynamic presidential leadership which

would serve as a paradigm for the presidency in the twentieth century."

A new survey of the American past likewise asserted that Roosevelt

"had raised his office to its twentieth-century position of dominance."2

The popular impression is that Roosevelt wrote on a clean slate,

and that the earlier Republican administration had left only a slim

 

Lewis L. Gould is Professor of History at the University of Texas at Austin. An

earlier draft of this essay was presented at the Organization of American Historians

meeting in St. Louis in April 1976. Professor Gould wishes to acknowledge the assis-

tance of the National Endowment for the Humanities and the University Research In-

stitute, University of Texas at Austin. He also wishes to thank Joan Hoff Wilson, Paul

Holbo, and R. Hal Williams for their suggestions and criticisms.

 

1. Arthur M. Schlesinger, Jr., The Imperial Presidency (Boston, 1973) is the most

noteworthy example of the growing literature. For others, see Dale Vinyard, The Presi-

dency (New York, 1971); James David Barber, The Presidential Character: Predicting

Presidential Performance in the White House (Englewood Cliffs, 1972); Erwin C. Har-

grove, The Power of the Modern Presidency (Philadelphia, 1974); Rexford G. Tugwell

and Thomas E. Cronin, eds., The Presidency Reappraised (New York, 1974); Philip C.

Dolce and George H. Skau, eds., Power and the Presidency (New York, 1976).

2. Clinton Rossiter, The American Presidency (New York, 1963), 104; Loren P.

Beth, The Development of the American Constitution, 1877-1917 (New York, 1971),

20; William M. Goldsmith, ed., The Growth of Presidential Power: A Documented

History (3 vols., New York, 1974), III, 1281; Bernard Bailyn et al., The Great Republic

(2 vols., Lexington, MA, 1977), 934.



6 OHIO HISTORY

6                                                             OHIO HISTORY

 

legacy of examples and programs on which the new president could

draw. Such judgments are familiar, and could be multiplied, but they

are rarely based on an explicit comparison with what Roosevelt's prede-

cessor, William McKinley, did to strengthen the presidential office in

the four and a half years before the Rough Rider occupied the White

House.3 Over the last decade and a half, a body of McKinley scholar-

ship has been accumulating, the effect of which has been to push the

origins of expanding presidential power back to McKinley's terms of

office. It is apparent now that the institutional roots of enhanced execu-

tive power in the twentieth century lie in the events that transpired

between March 4, 1897, and September 14, 1901. The continuities be-

tween the Roosevelt and McKinley administrations on this subject

are as impressive as Roosevelt's innovation and new departures.

Appraisals of the way Roosevelt buttressed the power of the presi-

dency vary, and there is no single comprehensive treatment of the

question.4 The scholarly consensus, however, identifies three key areas

of increasing presidential strength between 1901 and 1909. Roosevelt,

these students agree, laid down the foundations for the modern struc-

ture of his office in his relations with Congress, mastery of public opin-

ion, and use of experts and academics to shape policy. An examina-

tion of McKinley's performance in these matters, as well as his exer-

cise of the war powers, shows that McKinley's contributions to the

broadening of executive power anticipated the achievements usually

credited to Roosevelt.

Any analysis of McKinley as president must at the outset take a

position on the question of his leadership within his own administra-

 

3. Edwin C. Rozwenc, The Making of American Society (2 vols., Boston, 1973),

II, 67, is an exception among recent textbooks in his judgment that McKinley "began

to tip the balance in favor of presidential leadership and possibly paved the way for

an extraordinary revival of executive power and leadership in the twentieth century."

Richard Harmond, "The Presidency in the Gilded Age: From Rutherford B. Hayes to

William McKinley," Power and the Presidency, ed. Dolce and Skau, 61, says that

McKinley "quite unintentionally" changed the balance between President and Con-

gress as a result of the Spanish-American War. Marcus Cunliffe, American Presidents

and the Presidency (New York, 1976), 248-50, also credits the war more than McKinley

for increased executive power. The conventional opinions appear in Walter LaFeber

and Richard Polenberg, The American Century (New York, 1975), 21-29, 48-49; Robert

Kelley, The Shaping of the American Past (2 vols., Englewood Cliffs, 1975), 552-53;

Henry F. Bedford and Trevor Colburn, The Americans: A Brief History (New York,

1976), 347-50, 371.

4. John M. Blum, The Republican Roosevelt (Cambridge, 1954), and William H.

Harbaugh, Power and Responsibility: The Life and Times of Theodore Roosevelt

(New York, 1961), have been the two most influential studies in shaping the accepted

view of Roosevelt as president. There is, however, still no comprehensive account of

his presidency that uses the available lode of manuscript sources. Professor Harbaugh's

volume in the Kansas series on "The American Presidency" should provide such a

treatment for the Roosevelt Administration.



Expansion of Presidential Power 7

Expansion of Presidential Power                                          7

 

tion. Faced with a paucity of written evidence about the president's

reasoning and intentions, scholars have been forced to assume either

that McKinley was a negligible, passive chief executive who re-

sponded to events, or alternatively, that he was, as Richard H. Miller

wrote in 1970, "an adroit political tactician who, in some respects,

possessed almost Byzantine qualities in the circuitous pursuit of his

policy aims."5 The latter conclusion is the more plausible and con-

vincing, and the growing weight of the record buttresses it each year.

Like most administrations the McKinley presidency had its successes

and failures, but there was throughout a hard-working, shrewd, and

perceptive intelligence at the head of the American government.6

When McKinley took office, the presidency still stood, as it had since

Abraham Lincoln, in the shadow of congressional supremacy. The

political disasters of Grover Cleveland's second term, especially his

debacles on Capitol Hill over silver and the tariff, had not enhanced

the stature of the chief executive relative to Congress, and his aloof-

ness and isolation had further accelerated the decline of White House

influence. Over the next four years McKinley enjoyed unusually warm

and cordial relations with Congress, but some historians have found

this condition unimpressive. The president, says William H. Harbaugh,

yielded "programmatic control" to the G.O.P. legislative leadership,

and Gerald F. Linderman observes that McKinley's presidency "was

not one of vigorous executive action."7

Closer examination of the course of McKinley's handling of Con-

gress supports the opposite conclusion. In their biographies of McKin-

ley more than a decade ago, both Margaret Leech and H. Wayne

Morgan provided evidence that the president led rather than followed

Congress. In several articles on the legislative struggle over the an-

nexation of the Philippines, Paolo Coletta decided that "the stereo-

typed image of McKinley as 'an unsure president of intellectual pov-

 

 

5. Richard H. Miller, ed., American Imperialism in 1898: The Quest for National

Fulfillment (New York, 1970), 10-11.

6. Richard Jensen, The Winning of the Midwest: Social and Political Conflict,

1888-1896 (Chicago, 1971), 286-306, and Paul Kleppner, The Cross of Culture: A So-

cial Analysis of Midwestern Politics, 1850-1900 (New York, 1970), 347-52, have both

suggested that McKinley's political skills and appeals in 1896 were more subtle and

persuasive than had previously been supposed.

7. Williams H. Harbaugh, "The Republican Party, 1893-1932," History of U.S.

Political Parties, ed. Arthur M. Schlesinger, Jr. (4 vols., New York, 1973), III, 2078;

Gerald F. Linderman, The Mirror of War: American Society and the Spanish-Ameri-

can War (Ann Arbor, 1974), 16. Vincent P. De Santis, "Grover Cleveland: Revitaliza-

tion of the Presidency," Six Presidents From the Empire State, ed. Harry J. Sievers

(Tarrytown, 1974), 84-100, makes it clear that Cleveland contributed nothing to strength-

ening the institutional machinery of the office, had abominable relations with Congress,

and was almost entirely a negative force.



8 OHIO HISTORY

8                                                             OHIO HISTORY

 

erty and moral weakness' does not fit his handling of the peace nego-

tiations and the acquisition of the Philippines."8 Paul Holbo faced the

issue of McKinley's presidential leadership directly in 1965. Studying

the battle over the Turpie-Foraker amendment in April 1898 on the

eve of the war with Spain, he wrote that in this episode McKinley's in-

sistence on "the primacy of the President in foreign affairs" made a

substantial contribution "to strengthening the institution of the presi-

dency."9

Since Holbo's essay, two dissertations, an influential study of Amer-

ican foreign policy in this period, and several articles and monographs

have underscored Holbo's point for other aspects of McKinley's presi-

dency. Cornelius Vahle's 1967 doctoral thesis on "Congress, the Presi-

dent, and Overseas Expansion, 1897-1901," looked at how the foreign

policy issues arising out of expansion fared in Congress. Vahle de-

cided that on balance McKinley "was a successful practitioner of the

art of presidential leadership." Similarly, Phil Lyman Snyder's exam-

ination, completed in 1972, of McKinley's decision to annex the Philip-

pines, while critical of the outcome, acknowledged that "the Presi-

dent, not force of circumstances, dominated." The work of J. A. S.

Grenville and George Berkeley Young on the onset of the Spanish-

American War, Edward Ranson's essay on the president's handling of

the Dodge investigation into the conduct of the war, and even Philip

S. Foner's critical view of McKinley, in his study of the Spanish-Cuban-

American War, come to comparable conclusions.10

 

 

8. Margaret Leech, In the Days of McKinley (New York, 1959), 349-60, 568-71; H.

Wayne Morgan, William McKinley and His America (Syracuse, 1963), 437, 448-49,

480-85. See also, Idem., Americas Road to Empire (New York, 1965), 85-115, and

"William McKinley as a Political Leader," Review of Politics, XXVIII (1966), 417-32.

Paolo E. Coletta, "McKinley, the Peace Negotiations, and the Acquisition of the Philip-

pines," Pacific Historical Review, XXX (November 1961), 341; Idem., "Bryan, McKin-

ley and the Treaty of Paris," Pacific Historical Review, XXVI (1957), 131-46; "The

Peace Negotiations and the Treaty of Paris," Threshold to American Internationalism:

Essays on the Foreign Policies of William McKinley, ed. Paolo E. Coletta (New York,

1970), 121-75.

9. Paul S. Holbo, "Presidential Leadership in Foreign Affairs: William McKinley

and the Turpie-Foraker Amendment," American Historical Review, LXXII (July 1967),

1321-35.

10. Cornelius Vahle, "Congress, the President, and Overseas Expansion, 1897-1901"

(Ph.D. dissertation, Georgetown University, 1967), 267; Phil Lyman Snyder, "Mission,

Empire, or Force of Circumstances? A Study of the American Decision to Annex the

Philippine Islands" (Ph.D. dissertation, Stanford University, 1972), 240; Edward Ran-

son, "The Investigation of the War Department, 1898-1899," The Historian, XXXIV

(1971), 78-99; John A. S. Grenville and George Berkeley Young, Politics, Strategy,

and American Diplomacy: Studies in Foreign Policy, 1873-1917 (New Haven, 1966),

239-66; Philip S. Foner, The Spanish-Cuban American War and the Birth of American

Imperialism, 1895-1902 (2 vols., New York, 1972), 1, 307-10. Walter LaFeber, The New

Empire: An Interpretation of American Expansion, 1860-1898 (Ithaca, 1963), 379-406,



Expansion of Presidential Power 9

Expansion of Presidential Power                                          9

 

Several reasons account for the failure to recognize McKinley's

success with Congress. Historians expect relations between the presi-

dent and Capitol Hill to consist of confrontation. When a chief execu-

tive faces and overcomes congressional opposition, or tries but fails

to win his way, that is visible, obvious leadership. McKinley's tactics

of conciliation, harmony, and subtle guidance were less glamorous

but equally effective. Moreover, scholars have played down the legis-

lative victories that he did achieve, since they generally do not share

McKinley's priorities, or understand his milieu. The Dingley Tariff

provides an illustration. A protectionist bill to be sure, it was passed

without a secure Republican majority in the Senate more quickly

than comparable major tariff bills in the administrations of Benjamin

Harrison, Grover Cleveland, William Howard Taft, and Woodrow

Wilson. When the president pushed through legislation on the Philip-

pines and the Platt Amendment on Cuba during the short session of

1900-1901, using the difficult technique of amendments to appropriation

bills, a Republican newspaper announced: "No executive in the his-

tory of the country has given a greater exhibition of his influence

over Congress than President McKinley."11

McKinley's dealings with Congress disclosed frequent presidential

use of a variety of devices commonly associated with vigorous execu-

tive leadership. His annual messages contained suggestions about the

legislative agenda and prodded Congress for action on a number of

subjects. In the Turpie-Foraker fight a veto threat helped defeat a

resolution the president found to be a challenge to his supremacy in

foreign affairs. To achieve Hawaiian annexation the White House em-

ployed direct persuasion with lawmakers and pressure in the press to

overcome the opposition of Speaker of the House Thomas B. Reed.

The executive branch drafted the Platt Amendment and other colonial

legislation, and McKinley invoked the threat of a special session to

 

 

 

depicts McKinley in greater control of events in the spring of 1898, and even Ernest

May, Imperial Democracy: The Emergence of America as a Great Power (New York,

1961), 148-59, if read carefully, suggests a more purposeful president than May real-

izes. Charles S. Campbell, The Transformation of American Foreign Relations, 1865-

1900 (New York, 1976), 258-78, grasps some of the complexities of McKinley's posi-

tion on the eve of the Spanish-American War.

11. "Reflections on the Fifty-Sixth Congress," Literary Digest, XXII (March 9,

1901), 278. For the Dingley Tariff, see Lewis L. Gould, "Diplomats in the Lobby: Franco-

American Relations and the Dingley Tariff of 1897," The Historian, XXXIX (August

1977), 659-80. On the general subject of the McKinley Administration's relations

with Congress, David W. Brady, Congressional Voting in a Partisan Era: A Study of

the McKinley Houses and a Comparison to the Modem House of Representatives

(Lawrence, 1973), provides a good deal of information on voting, but is weak on the

history of the period and uses no manuscript sources of any kind.



10 OHIO HISTORY

10                                                           OHIO HISTORY

 

hurry action on army legislation in 1899 and the Platt Amendment in

1901.12

The campaign to secure ratification of the Peace of Paris in 1898-

1899 offers the most comprehensive example of McKinley's willingness

to use the full arsenal of weapons open to an active chief executive.

He wielded his power as commander-in-chief to confront Capitol Hill

with a series of accomplished facts regarding the Philippines between

May and December 1898. Unlike Woodrow Wilson, he appointed sen-

ators to the peace commission in an effort to involve the Senate in

the treaty-making process and to build a core of support in the up-

per house. In two presidential tours in the autumn and winter of 1898

McKinley guided public opinion toward expansion. The second of these

junkets was through the South, just before the Senate debate began in

which Southern Democrats were a key voting bloc. McKinley struck

just the right note for his audiences: "Who will haul the flag down?"13

Finally, the administration dispensed and withheld patronage to sway

votes and used informal lobbyists and other inducements to bring

wavering senators over to the White House side. McKinley understood

well the president's role as chief legislator and, as the contemporary

judgment held, "had more power of getting measures through Con-

gress than any president since Lincoln."14

A second area in which McKinley, like Roosevelt, functioned as a

strong president was in his relations with the press and public opin-

ion. Roosevelt succeeded, says Rossiter, in putting "the Presidency on

the front page of every newspaper in America." As a personality and

celebrity, Roosevelt surely made for better copy than McKinley, but it

is less clear that Roosevelt's relations with the press or his handling of

 

 

12. For example, McKinley raised the trust issue with Congress in 1899 in his an-

nual message; a year later he prodded the Senate to act on his reciprocity treaties.

George R. Devitt, A Supplement to a Compilation of the Messages and Papers of the

Presidents, 1789-1902 (Washington, 1903), 57-60, 132-33; Holbo, "Presidential Leader-

ship in Foreign Affairs," 1331-32; Vahle, "Congress, the President, and Overseas Ex-

pansion," 20-23; Graham A. Cosmas, "Military Reform after the Spanish-American

War: The Army Reorganization Fight of 1898-1899," Military Affairs, XXXV (1971),

12-18; James H. Hitchman, Leonard Wood and Cuban Independence, 1898-1902 (The

Hague, 1971), 115-34.

13. Washington Post, December 16, 1898. In addition to the material already cited

for this episode, see Richard E. Welch, Jr., George Frisbie Hoar and the Half-Breed

Republicans (Cambridge, 1971), 242-46, and Robert L. Beisner, From the Old Diplo-

macy to the New, 1865-1900 (New York, 1975), 119-24.

14. For lobbying through journalists, see Memorandum, January 28, 1899, The

Papers of George B. Cortelyou, Library of Congress, and for other traces of the admin-

istration effort, Washington Post, December 6, 9, 10, 20, 1898, January 1, 3, 5, 6, 20, 27,

1899, and Arthur Wallace Dunn, From Harrison to Harding (2 vols., New York, 1922),

I, 282: Rossiter, The American Presidency, 16-19; M. A. DeWolfe Howe, James Ford

Rhodes: American Historian (New York, 1929), 175.



Expansion of Presidential Power 11

Expansion of Presidential Power                                           11

 

public opinion represented a significant departure from what McKin-

ley had done. In evaluating McKinley's dealings with journalists, his-

torians have followed uncritically the conclusion of James E. Pollard

that McKinley "had no special sense of publicity nor did he feel any

need of it." White House relations with the press, Pollard contended,

"were left largely to chance."15

At the outset of McKinley's presidency mutual suspicion character-

ized the atmosphere between reporters and the executive. Gathering

information from Cleveland's administration, recalled one journalist,

was done "much after the fashion in which highwaymen rob a stage

coach."16 Though McKinley gave few formal interviews, his adminis-

tration sought to place the status of the press on an orderly and har-

monious basis. Reporters were given a portion of a reception room in

the White House, soon called "Newspaper Row," to conduct inter-

views and prepare stories. First under John Addison Porter and more

systematically under George B. Cortelyou, the position of correspon-

dents was regularized. They developed a procedure for managing the

release of major presidential speeches and messages and evolved ar-

rangements to have reporters accompany the president on his frequent

tours. Cortelyou supervised the press details of these trips-providing

stenographic reports of speeches, making daily itineraries available,

supplying transmission facilities for filing stories-with an efficiency

that converted a "railroad train into an executive office." Daily consul-

tations with the president's secretary provided the first "germ" of

"the regular White House press conference." In his ability to serve the

needs of the press, and in using them in turn to publicize McKinley,

Cortelyou, an important institutional figure in both the McKinley

and Roosevelt years, became a prototype of the modern press secre-

tary and presidential staffer.17

 

15. Rossiter, The American Presidency, 104; James E. Pollard, The Presidents

and the Press (New York, 1947), 552.

16. David S. Barry, "News-Getting at the Capitol," Chautauquan, XXVI (Decem-

ber 1897), 283.

17. Ida M. Tarbell, "President McKinley in War Times," McClure's Magazine, XI

(July 1898), 209-24; Pollard, Presidents and the Press, 558; David S. Barry, "George

Bruce Cortelyou," World's Work, V (April 1903), 3337-40. For Cortelyou's work with

releasing statements, see Melville E. Stone to William McKinley, December 3, 1899,

signed statement of David S. Barry, December 1, 1900, and for the arrangement of cov-

erage of trips, Cortelyou to C. A. Moore, March 1, 1901, The Papers of William McKin-

ley, Library of Congress (hereafter cited McKinley Papers). Benjamin Temple Ford,

"A Duty to Serve: The Governmental Career of George B. Cortelyou" (Ph.D. disser-

tation, Columbia University, 1963), 47-57, does not explore what Cortelyou did for the

management of the White House administrative routine. On this point, see G. M. J.,

"Handling the White House Mail," Leslie's Weekly, XCIII (August 10, 1901), 118-19,

and Albert Halstead, "The President at Work-A Character Sketch," The Independent,

LIII (September 5, 1901), 2080-86.



12 OHIO HISTORY

12                                                          OHIO HISTORY

 

McKinley was receptive to the changes that were taking place in

news coverage, and by the end of the first term it was customary for

at least one press photographer to be with the presidential party on

speaking trips. The resulting photographs from such photojournalists

as James H. Hare of Collier's were supplied to the White House for

subsequent distribution. If Roosevelt was adept at the timely leak and

trial balloon, McKinley was no less so, and reporters conceded that

the president himself often released stories to consider their effect

upon public opinion. "While apparently not courting publicity," wrote

a newsman about McKinley in 1913, he "contrived to put out, by vari-

ous shrewd processes of indirection, whatever news would best serve

the ends of the administration."18

When Roosevelt came to the presidency, the coverage of his activ-

ities grew in response to his personality and color. Journalists received

a separate room when the executive mansion was refurbished in 1902,

a logical extension of the invitation that had occurred five years earlier.

Roosevelt's relationship with the press possessed an excitement, per-

sonalism, and periodically a vindictive quality absent from McKin-

ley's time, but institutionally it built upon the McKinley-Cortelyou

heritage. 19

In dealing with public opinion Roosevelt relied extensively on per-

sonal tours and speeches to explain his policies and make his personal

case to the voters. His bully pulpit was a mobile and busy platform

and, says one student, he employed the "presidential junket as a cal-

culated publicity device." So widespread were Roosevelt's travels that

McKinley's own contributions in this area have been forgotten. A con-

temporary account listed over forty presidential trips outside Washing-

ton and decided in 1903 that "No President, while performing the

duties of Chief Executive, ever did half as much traveling through the

United States as the late President McKinley."20

 

 

18. For the White House interest in photographic coverage, see Cortelyou to

George G. Bain, October 2, 1899, John A. Sleicher to Cortelyou, October 3, 1899,

H. A. Strohmeyer to Cortelyou, October 26, 1899, McKinley Papers. Lewis L. Gould

and Richard Greffe, Photojournalist: The Career of Jimmy Hare (Austin, 1977), 31.

McKinley was the first presidential candidate to be filmed, and the Republicans used

the crude movie as a campaign document in 1896. Gordon Hendricks, Beginnings of the

Biograph: The Story of the Invention of the Mutoscope and the Biograph and Their

Supplying Camera (New York, 1964), 41-43, 48-49, 51. On McKinley and leaks, see

Francis E. Leupp, "The President-And Mr. Wilson," The Independent, LXXVI (No-

vember 27, 1913), 390-95; London Times, October 8, 1901.

19. Pollard, Presidents and the Press, 574; J. Frederick Essary, Covering Washing-

ton: Government Reflected to the Public in the Press, 1822-1926 (Boston, 1927), 87-88;

Harry H. Stein, "Theodore Roosevelt and the Press: Lincoln Steffens," Mid-America,

LIV (April 1972), 94-107.

20. Elmer E. Cornwell, Jr., Presidential Leadership of Public Opinion (Bloomington,



Expansion of Presidential Power 13

Expansion of Presidential Power                                         13

 

With the exception of one or two speeches in the last years of his

second term, Grover Cleveland had always stayed in Washington or

at his vacation retreat. After March 1897 McKinley made thirty-seven

public addresses or short remarks in his first year in office, seventy-

four in 1898, and 108 in 1899. During 1900, an election year when

sitting presidents did not campaign, his speaking activities ebbed, but

in 1901 he made a national tour in the spring and, of course, was assas-

sinated in Buffalo, New York, while fulfilling a speaking commitment.

As McKinley told a British diplomat in 1899, "each trip he made from

Washington enabled him to carry out what he considered an important

function of his office, viz: that the President and the people should be

brought closely together."21

McKinley also realized the partisan and legislative impact of his

travels. His autumn trip in 1898, "discussing current events connected

with the administration," assisted the Republicans through the con-

gressional elections and helped to limit their off-year losses. At the

same time it crystallized Midwestern public opinion behind his evolv-

ing Philippine policy. "He led public sentiment quite as much as

public sentiment led him" recalled a Cabinet officer, "and the popular

manifestations on that journey were in response to the keynotes he

struck." In 1901 his spring tour and Buffalo speech were the opening

shots in a campaign on behalf of his tariff reciprocity treaties then

"hung up" in the Senate.22

After criss-crossing the United States in his first term, McKinley

had more ambitious travel plans for his second. In July 1901 the

French ambassador, Jules Cambon, called on the president before the

two men began their summer vacations. Cambon asked if McKinley

might escape the heat of a Washington summer with an ocean voyage

to Europe. McKinley discussed the tradition that prevented an in-

 

 

1965), 23; W. W. Price, "President McKinley's Tours," The Cosmopolitan, XXXIV (Feb-

ruary 1903), 383. See also, Joe Mitchel Chapple, "Presidential Trips," National Maga-

zine, XXXIV (May 1911), 165-69.

21. Reginald Tower to Lord Salisbury, June 29, 1899, F05/2391, Public Record

Office, London (Quotations of Crown-copyright records in the Public Record Office ap-

pear by permission of the Controller of H. M. Stationery Office); Speeches and Ad-

dresses of William McKinley From March 1, 1897 to May 30, 1900 (New York, 1900),

vii-xv.

22. On the 1898 trip, William P. Hepburn to John F. Lacey, September 12, 1898,

The Papers of John F. Lacey, Iowa State Department of History and Archives, Des

Moines, for the first quotation, and Charles Emory Smith, "McKinley in the Cabinet

Room," The Saturday Evening Post, CLXXV (October 11, 1902), 7, for the second.

The quotation about 1901 is from Gerard Lowther to Lord Lansdowne, August 9, 1901,

F05/2463, Public Record Office, London. See also, Julian Pauncefote to Lord Lans-

downe, May 10, 1901, The Papers of Lord Lansdowne, F0800/144, and Pauncefote to

Lansdowne, May 31, 1901, F05/2457, Public Record Office.



14 OHIO HISTORY

14                                                   OHIO HISTORY

 

cumbent president from leaving the country during his term of office,

but noted that the telegraph and other inventions made travel more

feasible. He told Cambon that he intended to visit Hawaii in the win-

ter of 1902, and had plans for trips to Puerto Rico and to Cuba where

the "slightly mixed character" of the Cuban government "would be a

step made on the path which would allow the President to leave the

soil of the United States." Had he lived McKinley would have made his

travels the occasion, before Roosevelt or Wilson, for breaking the

precedent that confined presidents to the continental United States.

To McKinley, rather than Roosevelt, belongs the responsibility for

developing the modern custom of peripatetic presidents.23

In his autobiography Roosevelt observed that "One of the ways in

which by independent action of the executive we were able to ac-

complish an immense amount of work for the public was through

volunteer unpaid commissions appointed by the President."24 The work

of the Keep Commission on Departmental Methods, the commissions

on Public Lands, Inland Waterways, National Conservation, and

Country Life, served as means by which, as John M. Blum has written,

"Roosevelt sought and heeded the advice of intellectuals, experts on

the various areas of his concern."25 A recent study of modern presi-

dential commissions notes that "the extensive use of commissions

for substantive policy guidance began with Theodore Roosevelt."26

In his employment of unpaid commissions, however, Roosevelt was

merely building on McKinley's eclectic use of formal and informal

commissions in administering the federal government and his involve-

ment of legislators, the professions, and academic experts in shaping

executive policy.

The number and variety of governmental commissions during the

McKinley years was striking. Among the more notable were the

Wolcott Bimetallic Commission (1897), the Reciprocity Commission

(1897-1901), the Nicaraguan Commission and its successor the Isth-

mian Canal Commission (1897-1902), the Industrial Commission (1898-

1902), the Anglo-American Joint High Commission (1898-1899), the

Dodge Commission on the conduct of the Spanish-American War

(1898-1899), the Peace Commission (1898), the Hawaiian Commis-

sion (1898), and the two Philippine commissions (1899-1902). Whether

the subject was reform of the monetary system, the extermination of

 

23. Jules Cambon to Theophile Delcasse, July 13, 1901, Etats-Unis, Volume 8,

Archives du Ministere des Affaires Estrangeres, Paris.

24. The Works of Theodore Roosevelt: An Autobiography (20 vols., New York, 1926),

XX, 356.

25. John M. Blum, The Republican Roosevelt (New York, 1972), ix.

26. Frank Popper, The President's Commissions (New York, 1970), 7-8.



Expansion of Presidential Power 15

Expansion of Presidential Power                                           15

 

yellow fever, or commercial conditions in the Chinese Empire, Mc-

Kinley turned time and again to the commission procedure. In most

cases the president sought congressional authorization and funding

for the commissioners or appointed members in response to legisla-

tive action. For the Dodge Commission and the Philippine commis-

sions he employed the "independent action of the executive" and

paid the Philippine commissions from funds available to the executive

branch. As one critical newspaper remarked: "President McKinley

is much given to administering the government by commission, and

in this way is enabled to escape direct responsibility and reward

friends. Very few of his commissions were created by authority of law,

but were made up under what is claimed to be the war power of the

President."27

With his customary absence of animosity toward the Congress and

his preference for results over credit, McKinley readily named legisla-

tors to serve on these commissions. For the Peace Commission, the

Joint High Commission, and the Hawaiian Commission, the president

selected senators and representatives who could then direct the

resulting legislation on Capitol Hill. McKinley's flexible attitude

toward congressional service on commissions roused some opposi-

tion among the lawmakers, and there was suspicion within Congress

about the impact of the president's use of commissions generally.28

Did these ad hoc bodies serve an educational and policy-making

function? The historian of the Dodge Commission suggests that its

work paved the way for the Army reforms of Elihu Root, and the

results of the Industrial Commission investigations influenced popular

and governmental attitudes toward business consolidation and regula-

 

27. Pittsburgh Post, March 8, 1900 [clipping in The Papers of Bernard Moses, Ban-

croft Library, University of California, Berkeley]. Carl Marcy, Presidential Commis-

sions (New York, 1945), is the standard work, which emphasizes the twentieth century,

but has some discussion of earlier developments. For treatments of some of the McKin-

ley-era commissions, James H. Eckels, "The Wolcott Commission and Its Results,"

The Forum, XXIV (December 1897), 396-401; S. N. D. North, "The Industrial Com-

mission," North American Review, CLXVIII (May 1899), 708-19; Aldace F. Walker,

"The Preliminary Report of the Isthmian Canal Commission," The Forum, XXXI

(April 1901), 131-46; William Z. Ripley, "The Work of Trained Economists in the In-

dustrial Commission," Quarterly Journal of Economics, XVI (November 1901), 121-22;

E. D. Durand, "The United States Industrial Commission: Methods of Government In-

vestigation," Quarterly Journal of Economics, XVI (August 1902), 564-86; Ranson,

"The Investigation of the War Department," 78-99. Devitt, A Supplement to a Compila-

tion of the Messages and Papers of the Presidents, 21-22, 35-36, 64; "Expenses of the

Philippine Commission, Etc.", Senate Document 293, 56th Congress, 1st session, 1900.

28. William E. Chandler to McKinley, August 17, 1898, McKinley Papers, described

the appointment of senators to the peace commission as unconstitutional. For other evi-

dence of Congressional unhappiness, see Congressional Record, 56th Congress, 1st

session (April 21, 1900), 4509; Congressional Record, 57th Congress, 2nd session (Feb-

ruary 26, 1903), 2695-700.



16 OHIO HISTORY

16                                                          OHIO HISTORY

 

tion after 1900. The Industrial Commission also acted as a means of

bringing the talents of members of the academic community into the

service of the government. It employed such experts as Jeremiah W.

Jenks to investigate the trust problem, John R. Commons to explore

"sweat shops and labor questions," and William Z. Ripley to examine

transportation questions.29

Of all the commissions of the McKinley era, the two Philippine

commissions best illustrate the president's use of this device as an

information-seeking and policy-formulating tool. In his study of Jacob

Gould Schurman and the first Philippine Commission, Kenneth E.

Hendrickson observed that Cornell University President Schurman

and his colleagues assembled a good deal of information about the

islands, but also made "a number of highly significant recommenda-

tions" that affected the subsequent action of the administration toward

the Philippines. The second commission, headed by William Howard

Taft, and with two academics among its members, acted as a civil

arm of the president in the Philippines, providing a machinery of

government and promulgating laws under executive authority until

Congress ratified its work.30

The result of this extensive employment of commissions was a

marked increase in presidential authority. The commissions provided

the executive with an independent source of information, helped to

thwart or diffuse political criticism, and shaped or validated adminis-

tration policies. At a time when executive agencies like the State

Department or War Department were understaffed,31 poorly funded,

and inadequate to the purposes of the president, such instrumentalities

as the Philippine Commission preempted congressional action and

served as primitive surrogates for the more elaborate and formal

bureaucracy and White House staff of modern times.

War is the great incubator of strong presidents. Until the Vietnam

 

 

29. "List of Experts of the Industrial Commission Now in the Employ of the Com-

mission," 1901, The Papers of Daniel Augustus Tompkins, University of North Caro-

lina Library; Ranson, "Investigation of the War Department," 99; John Waksmundski,

"McKinley Politics and the Changing Attitudes Toward American Labor, 1870-1900"

(Ph.D. dissertation, Ohio State University, 1972), 160-66, touches on some of the work of

the Industrial Commission.

30. Kenneth E. Hendrickson, Jr., "Reluctant Expansionist-Jacob Gould Schurman

and the Philippine Question," Pacific Historical Review, XXXVI (1967), 405-21, 420

for the quotation. Ralph Eldin Minger, William Howard Taft and United States Foreign

Policy: The Apprenticeship Years, 1900-1908 (Urbana, 1975), 28-54. See also, Usha

Mahajani, Philippine Nationalism: External Challenge and Filipino Response, 1565-

1946 (St. Lucia, Queensland, 1971), 207-38, and Peter W. Stanley, A Nation in the

Making: The Philippines and the United States, 1899-1921 (Cambridge, 1974), 55-80.

31. New York Tribune, October 15, 1897, mentioned the understaffed nature of the

State Department as one reason for the creation of the Reciprocity Commission.



Expansion of Presidential Power 17

Expansion of Presidential Power                                      17

 

conflict renewed interest in the question of presidential war power,

there was little scholarly investigation of the long-range implications

of McKinley's performance as Commander-in-Chief. In the last ten

years, however, students of the growth of the executive's war powers

have realized that McKinley had a very expansive view of what the

president could do in this field. Conducting the Spanish-American War,

McKinley, in the words of a Cabinet member, "assumed a close per-

sonal direction, not only of the organization of the forces but of the

general plan of operations. He was Commander-in-Chief not merely in

name but in fact." To govern Puerto Rico, Cuba, the Philippines and

the Pacific dependencies, and to send troops to China in 1900 to meet

the Boxer Rebellion, the McKinley Administration invoked what

Elihu Root called "a military power derived from his authority under

the Constitution as Commander-in-Chief of the Army and Navy."32

The governments that were created under this power ruled directly,

without explicit congressional action, after hostilities with Spain were

over. They lasted a year and a half in Puerto Rico, more than two years

in the Philippines, and three and a half years in Cuba. The army

officers, such as Leonard Wood, and the civil administrators, such as

William Howard Taft, who acted as agents for the president, possessed

broad and diverse powers over political, economic, and social institu-

tions. Their work of economic rebuilding and political reconstruction

rested on the military authority of the chief executive. In the Philip-

pines more than 400 statutes were promulgated on the basis of presi-

dential instructions to the Commission and "by the authority of the

President of the United States." After surveying the range of what

had been done-laws made, institutions of government established,

taxes collected and revenue disbursed-a scholar of military govern-

ment concluded in 1904: "In America we were supposed to have

started out with an Executive with carefully defined powers, but we

are now developing one with prerogatives which must be the envy of

crowned heads."33

 

32. Charles Emory Smith to Elihu Root, August 12, 1903, The Papers of Henry C.

Corbin, Library of Congress; Robert Bacon and James Brown Scott, eds., The Military

and Colonial Policy of the United States: Addresses and Reports by Elihu Root (Cam-

bridge, 1916), 252. For treatments of McKinley as commander-in-chief, see De B. Ran-

dolph Keim, "The President's War," Frank Leslie's Popular Monthly, L (June 1900),

107-22; David Healy, "McKinley as Commander-in-Chief," Threshold to American In-

ternationalism, ed. Coletta, 77-120; Graham A. Cosmas, An Army for Empire: The

United States Army in the Spanish-American War (Columbia, 1971).

33. David Yancey Thomas, A History of Military Government in Newly Acquired

Territory of the United States (New York, 1904), 320. For additional information on

the military governments of the McKinley Administration, see Charles E. Magoon,

Reports on the Law of Civil Government in Territory Subject to Military Occupation

by the Military Forces of the United States (Washington, D.C., 1902); David Healy,



18 OHIO HISTORY

18                                                          OHIO HISTORY

 

The president's actions in the Philippines provide, once again, the

most striking example of his use of the war power. In December 1898,

when the treaty of peace with Spain was signed but not ratified, he

instructed the army commander that the capture of Manila and the

surrender of the Spanish forces had "practically effected" the con-

quest of all the islands, and ordered the extension of a military gov-

ernment "with all possible dispatch to the whole of the ceded terri-

tory."34 By the time the Senate had ratified the treaty, fighting be-

tween the Americans and Filipinos had erupted. "A domestic war took

the place of a foreign one," and the president continued to exercise

his military power. In December 1899 McKinley informed Congress,

after he had governed the Philippines for ten months, "It does not

seem desirable that I should recommend at this time a specific and

final form of government for these islands." While the Filipinos were

in revolt, the executive, acting through the military, would be supreme.

When the insurrection ended, a condition that the president would

proclaim, Congress could act. Meanwhile, said McKinley, "I shall use

the authority vested in me by the Constitution and the statutes to

uphold the sovereignty of the United States in those distant islands

as in all other places where our flag rightfully floats."35 Another year

went by before Congress, with the blessing of the administration,

passed the Spooner Amendment. It substituted legislative authoriza-

tion for the war power as McKinley's justification for his actions in

the Philippines, but left the president with "all military, civil and

judicial powers necessary to govern the Philippine Islands." As a

scholar of presidential commissions noted thirty years ago, "the first

and second Philippine Commissions show rather well the lengths to

which the President can go under the inherent powers which he de-

rives from the fact that he is Commander in Chief."36

A further example of McKinley's use of such powers occurred in

the summer of 1900 when Boxer rebels and Chinese troops sur-

rounded the foreign legations in Peking. The United States sent 5,000

 

The United States in Cuba: Generals, Politicians, and the Search for Policy (Madison,

1963); Whitney T. Perkins, "The New Dependencies Under McKinley," Threshold to

American Internationalism, ed. Coletta, 258-313; Hitchman, Leonard Wood and Cuban

Independence; John Morgan Gates, School Books and Krags: The United States Army

in the Philippines, 1898-1902 (Westport, 1973).

34. William McKinley to the Secretary of War, December 21, 1898, in James D.

Richardson, comp., A Compilation of the Messages and Papers of the Presidents,

1789-1897 (10 vols., Washington, D.C., 1900), X, 219.

35. Thomas, A History of Military Government, 320; Devitt, A Supplement to a

Compilation, 95.

36. Congressional Record, 56th Congress, 2nd session (March 1, 1901), 3346; Marcy,

Presidential Commissions, 60; Clarence A. Berdahl, War Powers of the Executive in the

United States (Urbana, 1921), 260-61.



Expansion of Presidential Power 19

Expansion of Presidential Power                                     19

 

troops into China as part of the international relief expedition. With

Congress out of Washington and an election campaign imminent,

McKinley "on his own sole authority as Commander-in-Chief" dis-

patched American forces from the Philippines and the United States.

The administration carefully said that the country was not at war with

China. Its aims were to rescue "the imperiled legation," obtain

"redress for wrongs already suffered," and protect "wherever possible

the safety of American life and property in China." Arthur Schle-

singer, Jr., has correctly remarked that this episode was an early

example of the use of force without congressional sanction against a

sovereign state. Accordingly, "the intervention in China marked a

crucial shift in the presidential employment of armed force overseas."

Viewed as a whole, McKinley's reliance on the war power for his

colonial policy and as a rationale for his intervention in China indicate

how large a part his administration played in what Edward S. Corwin

described as a transformation of the war power "from a simple power

of military command to a vast reservoir of indeterminate powers in

time of emergency."37

Writing in January 1899 journalist Henry Loomis Nelson argued

that the presidency needed immediate strengthening to counteract

the legislative supremacy of the last quarter of the nineteenth century.

"In order that our democratic government may efficiently perform the

services and duties promised and commanded by the laws," he wrote,

"it will be necessary to free the executive, and to make the adminis-

trative power more effective."38 A year later Perry Belmont, a Demo-

cratic observer, commented that "Since the inauguration of President

McKinley there has been an enormous extension of Executive power."

Six months before McKinley's death, Henry L. West, who covered

American politics for The Forum, analyzed "The Growing Powers of

the President" and contended that "In the legislative branch of the

government it is the executive which influences, if it does not control,

the action of Congress, while the power originally vested in the execu-

tive alone has increased to an extent of which the framers of the

Constitution had no prophetic vision."39

 

 

37. Schlesinger, The Imperial Presidency, 88-89; Devitt, A Supplement to a Compila-

tion, 120; Edward S. Corwin, The President: Office and Powers, 1787-1957 (New York,

1957), 212-13. Raoul Berger, Executive Privilege: A Constitutional Myth (Cambridge,

1974), 82-83, attaches less significance to McKinley's action than Schlesinger.

38. Henry Loomis Nelson, "The Weakness of the Executive Power in Democracy,"

Harper's Monthly, XCVIII (January 1899), 210-18.

39. Perry Belmont, "The President's War Power and an Imperial Tariff," North

American Review, CLXX (March 1900), 433-45; Henry L. West, "The Growing Powers

of the President," The Forum, XXXI (March 1901), 25.



20 OHIO HISTORY

20                                                       OHIO HISTORY

 

If the power of the presidency did increase under McKinley, the

question remains why this contribution has been submerged and over-

looked. Corwin's suggestion that McKinley "worked for the wrong

people" seems one plausible answer.40 As a Republican and architect

of the Spanish-American War, McKinley appeared an unlikely candi-

date for a strong president. It was far more attractive to see Roose-

velt, with his bully pulpit, the trustbuster and steward of the people,

as the first of the modern presidents. As the example of recent

presidents has shown, however, strength is a morally neutral quality.

The assumption that strong presidents usually exercise authority for

laudable ends is incorrect.41 To say that a president, whether McKinley

or Roosevelt, was strong is not to make an ethical judgment on his

performance but simply to describe his relation to the powers of his

office.

The contention that McKinley made significant contributions to the

expansion of presidential power does not imply any denigration of

what Roosevelt brought to this important change in the balance of

American governmental institutions. A process that embraced at least

three, and probably four, of the presidents between 1897 and 1921

(for Taft strengthened the office too) requires a more sophisticated

analysis than simply saying that Roosevelt "revolutionized" the office

after 1901.42 It is too easy to attribute changes in the presidency to

the accident of an assassin's bullet or to the character of a single

incumbent. When historians examine more closely the institutional,

cultural, and political forces that shifted power toward the White House

in the late nineteenth and early twentieth century, they will probably

conclude that the strength of the presidency grew because it had to

meet the demands that international changes and domestic pressures

were placing on the American government. As the first chief execu-

tive to encounter these forces in something like their modern form,

McKinley was indeed a "transitional" president. The weight of his

example, the methods he employed, and his impact on his office indi-

cate, however, that the transition that took place on September 14,

1901, was not "a dramatic shift" but the continuation of a tradition

of strong executive leadership that spanned both the McKinley and

Roosevelt administrations.43

 

40. Corwin, The President, 466.

41. William H. Harbaugh, "A Biographer Looks Back on Theodore Roosevelt,"

Six Presidents from the Empire State, ed. Sievers, 115, makes this point in a slightly

different context.

42. Goldsmith, ed., The Growth of Presidential Power, II, 1176.

43. Morgan, William McKinley, 527; Robert H. Wiebe, "The Progressive Years, 1900-

1917," The Reinterpretation of American History and Culture, eds. William H. Cart-

wright and Richard L. Watson (Washington, D.C., 1973), 436.