28o THE POPULAR SCIENCE MONTHLY 



sponse to their demands in enlarged provision for river surveys, in 

 provision for a national waterways commission empowered to extend 

 and apply plans framed by the last administration, and in a recent 

 declaration of the administrative and legislative authorities that " pork- 

 barrel " appropriations must cease — indeed, to the longest steps in the 

 right direction since Washington prevised and Gallatin planned and 

 Windom pleaded for rational waterway development. Verily, the water- 

 way workers have not wrought in vain ! 



The significant fact lying behind the past and prospective legisla- 

 tion is the power of the people when once aroused — a power not to be 

 confounded for a moment with that of tumult or mob, but inhering in 

 the very spirit and lodging in the innate structure of democracy. True, 

 this power is too often ignored by those for the moment responsible for 

 the public welfare, too little felt by its own possessors; it is seldom 

 stirred save by war or rumors of war, rarely tempted to exercise save 

 by partisan calls at times of political stress; yet although a virtually 

 neglected factor of our national life, it is worthy of weighty con- 

 sideration. 



Ill 



The first, second and third articles of the constitution, respectively, 

 define the legislative, the executive (including the administrative) and 

 the judicative functions of the government. The specifications of the 

 executive function are general to the point of vagueness — naturally 

 enough, in view of the then current antipathy to concentrated authority. 

 Few matters were so faithfully discussed during the constitutiontl con- 

 vention as the powers of the president; 4 and few of the discussions 

 better exemplify the superlative caution which constantly led the dele- 

 gates away from definite specifications and toward bare generalities in 

 compromising mooted points. So, just as the instrument is silent on 

 the primary governmental function save in the preamble, the common- 

 place functions of administration are implied rather than explicitly 

 stated in the second article — being most clearly (or most nearly) de- 

 fined in the oath or affirmation by the president-apparent that he will 

 " faithfully execute the office of president," which " office " manifestly 

 covers minor governmental affairs not otherwise specified. The indefi- 

 niteness was not due to inattention or indifference concerning the 

 administrative function, as the debates clearly show. Mid-course of the 

 deliberation, " Mr. Gouverneur Morris " thus expressed what seems to 

 have been a prevailing view: 



One great object of the executive is to controul the Legislature. The 

 legislature will continually seek to aggrandize & perpetuate themselves; & 

 will seize those critical moments produced by war, invasion or convulsion for 



4 The index to the discussion occupies a page in the recent edition of 

 "Madison's Journal" (edited by Gaillard Hunt; Putnam's, New York and 

 London, 1908). 



