Page:Popular Science Monthly Volume 77.djvu/286

280 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 "porkbarrel" 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 waterway workers have not wrought in vain!

The significant fact lying behind the past and prospective legislation 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 consideration.

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 convention as the powers of the president; and few of the discussions better exemplify the superlative caution which constantly led the delegates 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 commonplace functions of administration are implied rather than explicitly stated in the second article—being most clearly (or most nearly) defined 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 indefiniteness 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