The Cleveland Era [8]
In general, President Arthur behaved with a tact and prudence that improved his position in public esteem. It soon became manifest that, although he had been Conkling's adherent, he was not his servitor. He conducted the routine business of the presidential office with dignity, and he displayed independence of character in his relations with Congress. But his powers were so limited by the conditions under which he had to act that to a large extent public interests had to drift along without direction and management. In some degree, the situation resembled that which existed in the Holy Roman Empire when a complicated legalism kept grinding away and pretentious forms of authority were maintained, although, meanwhile, there was actual administrative impotence. Striking evidence of the existence of such a situation is found in President Arthur's messages to Congress.
In his message of December 6, 1881, the President mentioned the fact that in the West "a band of armed desperadoes known as 'Cowboys,' probably numbering fifty to one hundred men, have been engaged for months in committing acts of lawlessness and brutality which the local authorities have been unable to repress." He observed that "with every disposition to meet the exigencies of the case, I am embarrassed by lack of authority to deal with them effectually." The center of disturbance was in Arizona, and the punishment of crime there was ordinarily the business of the local authorities. But even if they called for aid, said the President, "this Government would be powerless to render assistance," for the laws had been altered by Congress so that States but not Territories could demand the protection of the national Government against "domestic violence." He recommended legislation extending to the Territories "the protection which is accorded the States by the Constitution." On April 26, 1882, the President sent a special message to Congress on conditions in Arizona, announcing that "robbery, murder, and resistance to laws have become so common as to cease causing surprise, and that the people are greatly intimidated and losing confidence in the protection of the law." He also advised Congress that the "Cowboys" were making raids into Mexico, and again begged for legal authority to act. On the 3rd of May, he issued a proclamation calling upon the outlaws "to disperse and retire peaceably to their respective abodes." In his regular annual message on December 4, 1882, he again called attention "to the prevalent lawlessness upon the borders, and to the necessity of legislation for its suppression."
Such vast agitation from the operations of a band of ruffians, estimated at from fifty to one hundred in number, and such floundering incapacity for prompt action by public authority seem more like events from a chronicle of the Middle Ages than from the public records of a modern nation. Of like tenor, was a famous career which came to an end in this period. Jesse W. James, the son of a Baptist minister in Clay County, Missouri, for some years carried on a bandit business, specializing in the robbery of banks and railroad trains, with takings computed at $263,778. As his friends and admirers were numerous, the elective sheriffs, prosecuting attorneys, and judges in the area of his activities were unable to stop him by any means within their reach. Meanwhile, the frightened burghers of the small towns in his range of operations were clamoring for deliverance from his raids, and finally Governor Crittenden of Missouri offered a reward of $10,000 for his capture dead or alive. Two members of his own band shot him down in his own house, April 3, 1882. They at once reported the deed and surrendered themselves to the police, were soon put on trial, pleaded guilty of murder, were sentenced to death, and were at once pardoned by the Governor. Meanwhile, the funeral ceremonies over Jesse James's remains drew a great concourse of people, and there were many indications of popular sympathy. Stories of his exploits have had an extensive sale, and his name has become a center