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Elihu Root 1912 (73)
Elihu Root was born on February 15, 1845 in Clinton, New York, the son of a professor of mathematics at Hamilton College where he obtained a BA in 1864, LL B from New York City University in 1867, and was that same year called to the New York bar. He became a lawyer specializing in corporate law. He was appointed district attorney for New York Southern district, 1883 – 5. Thereafter he returned to private practice whilst assuming an active role in the Republican Party of New York City.
One of the most brilliant administrators in American history, Elihu Root was the prototype of the 20th century “wise man”, who shuttled between high-level government positions in Washington, D.C. and private-sector legal practice in New York City. He became a U.S. attorney for the southern district of New York in 1883. He served as secretary of war from 1899 to 1904. After the Spanish-American War, he set up a civil government in Puerto Rico and organized U.S. control of the Philippines. As secretary of state (190509) under Theodore Roosevelt, he concluded treaties with Japan and persuaded Latin American states to participate in the second Hague conference in 1907 ( Hague Conventions). He was awarded the Nobel Prize for Peace in 1912. He served in the U.S. Senate from 1909 to 1915. He became a lawyer specializing in corporate law. He was appointed district attorney for New York Southern district, 1883 – 5. Thereafter he returned to private practice whilst assuming an active role in the Republican Party of New York City.
Root was the paragon of the legalist era in American foreign policy, which saw the strengthening of international law and institutions as the keys to world peace. I and his thinking particularly topical because of his determination to separate morals and politics entirely from law, as it provides a stark contrast with present practices in both the US and the UN. Moreover, many of the issues Root and the international community faced during the drafting of the League are still sources of heated debate to this day. Therefore, to me, the legalism of Root provides an excellent perspective for reflecting upon the current state of affairs. While recognizing the context of Root’s framework, as well as its possible shortfalls to the contemporary reader, legalism provides interesting ideas that still resonate in present-day discussions.
While Root did underline the importance of democratic governments as a foundation of a durable law between nations especially during the War, his conservative ethos led him to focus more on pursuing a system of checks and balances in government and restricting the man in the mass throughout his career. Portraying legalism generally as a cosmopolitan idealism would also be fallacious, since, in spite of its language, it served through various people and forms to promote US national interests as well.
From the point of view of international legal history, Root stands out first and foremost as a keen proponent of strong international courts and international law. Today, Root’s assurance on international law’s capacity to resolve conflicts may seem excessive or even naïve. Such a commitment to legality and stability in foreign affairs was, however, the rule rather than the exception in early 20th century America. The legalistic nature of the era is manifested for instance in the US Department of State, which was headed by a lawyer from 1889 to 1945. It should not come as a surprise, then, that the beliefs and assumptions of lawyers profoundly influenced the nation’s foreign policy. Root was arguably the paragon of these diplomat-lawyers, and one of the most influential American politicians of his time especially in the field of foreign affairs. Among other prestigious positions, he served in the Cabinets of McKinley and Roosevelt, co-founded and chaired the American Society of International Law, and was awarded the Nobel Peace Prize.
In 1905, President Roosevelt named Root to be the Secretary of State after the death of JOHN HAY. On a tour to Latin America in 1906, Root persuaded those governments to participate in the Hague Peace Conference. He worked with Japan to establish the Root-Takahira Agreement, which limited Japanese and American naval fortifications in the Pacific.
The situation changed with the appointment of Elihu Root as Secretary of State in July 1905. From then until 1909 it was Root who formulated and carried out most of the administration’s Latin American policies. Roosevelt, who was not prone to minimize the importance of his own role, was emphatic in giving credit to the Secretary of State for what was accomplished. “During the past three years,” he wrote in February 1909, “. . . the bulk of the most important work we have done has been in connection with the South and Central American States. We have done more as regards these States than ever before in the history of the State Department. This work has been entirely Root’s. My part in it has been little beyond cordially backing him up. It was he who thought of making that extraordinary trip around South America which did more than has ever been done previously to bring the South American States into close touch with us. It was he who made the Pan American Congress a matter of real and great importance for the Commonwealths of the Western Hemisphere. It was he who gave life to the Bureau of American Republics. It was he who brought about the formation of the international court for the Central American States. It was he who finally got the Senate to accept the Santo Domingo treaty.
In June 1916, he was drafted for the Republican presidential nomination but declined, stating that he was too old to bear the burden of the Presidency. The nomination went to CHARLES EVANS HUGHES, who lost the election to Democrat WOODROW WILSON . Root’s initiatives are remarkable. He helped create the Permanent Court of International Justice; he was the founding chairman of the Council on Foreign Relations; he was the first president of the Carnegie Endowment for International Peace; he helped found the American Society of International Law; he was among the founders of the American Law Institute, and he also helped create the Hague Academy of International Law. In 1912, Root received the Nobel Peace Prize.
Root remained an influential voice within the American foreign policy élite and served on numerous national and international bodies. In 1917, as President Wilson’s ambassador extraordinary, he headed a diplomatic mission to Russia, tasked with trying to persuade Russia to stay in the war. As chairman of the Republican Party national convention in Chicago in 1912, it was Root who presided over the historic division of the party that year, which led to the formation of the Progressive Party.
Root was noted for his brilliant analytical mind and a remarkable faculty for solving complicated problems of law, politics, and international affairs. His services in the cause of international peace were recognized in 1912 when he was awarded the Nobel Peace Prize. He is the author of several books including: Experiment in Government and the Essentials of the Constitution (1913); Russia and the United States (1917).
Elihu Root died on February 7, 1937 in New York City with his family by his side.
