Part 7

In a word, the national parties do not act in Congress under the restraint of a sense of immediate responsibility. Responsibility is spread thin; and no vote or debate can gather it. It rests not so much upon parties as upon individuals; and it rests upon individuals in no such way as would make it either just or efficacious to visit upon them the iniquity of any legislative act. Looking at government from a practical and business-like, rather than from a theoretical and abstractly-ethical point of view,--treating the business of government as a business,--it seems to be unquestionably and in a high degree desirable that all legislation should distinctly represent the action of parties as parties. I know that it has been proposed by enthusiastic, but not too practical, reformers to do away with parties by some legerdemain of governmental reconstruction, accompanied and supplemented by some rehabilitation, devoutly to be wished, of the virtues least commonly controlling in fallen human nature; but it seems to me that it would be more difficult and less desirable than these amiable persons suppose to conduct a government of the many by means of any other device than party organization, and that the great need is, not to get rid of parties, but to find and use some expedient by which they can be managed and made amenable from day to day to public opinion. Plainly this cannot be effected by punishing here and there a member of Congress who has voted for a flagrantly dishonest appropriation bill, or an obnoxious measure relating to the tariff. Unless the punishment can be extended to the party--if any such be recognizable--with which these members have voted, no advantage has been won for self-government, and no triumph has been gained by public opinion. It should be desired that parties should act in distinct organizations, in accordance with avowed principles, under easily recognized leaders, in order that the voters might be able to declare by their ballots, not only their condemnation of any past policy, by withdrawing all support from the party responsible for it; but also and particularly their will as to the future administration of the government, by bringing into power a party pledged to the adoption of an acceptable policy.

It is, therefore, a fact of the most serious consequence that by our system of congressional rule no such means of controlling legislation is afforded. Outside of Congress the organization of the national parties is exceedingly well-defined and tangible; no one could wish it, and few could imagine it, more so; but within Congress it is obscure and intangible. Our parties marshal their adherents with the strictest possible discipline for the purpose of carrying elections, but their discipline is very slack and indefinite in dealing with legislation. At least there is within Congress no _visible_, and therefore no _controllable_ party organization. The only bond of cohesion is the caucus, which occasionally whips a party together for cooperative action against the time for casting its vote upon some critical question. There is always a majority and a minority, indeed, but the legislation of a session does not represent the policy of either; it is simply an aggregate of the bills recommended by Committees composed of members from both sides of the House, and it is known to be usually, not the work of the majority men upon the Committees, but compromise conclusions bearing some shade or tinge of each of the variously-colored opinions and wishes of the committee-men of both parties.

It is plainly the representation of both parties on the Committees that makes party responsibility indistinct and organized party action almost impossible. If the Committees were composed entirely of members of the majority, and were thus constituted representatives of the party in power, the whole course of congressional proceedings would unquestionably take on a very different aspect. There would then certainly be a compact opposition to face the organized majority. Committee reports would be taken to represent the views of the party in power, and, instead of the scattered, unconcerted opposition, without plan or leaders, which now sometimes subjects the propositions of the Committees to vexatious hindrances and delays, there would spring up debate under skillful masters of opposition, who could drill their partisans for effective warfare and give shape and meaning to the purposes of the minority. But of course there can be no such definite division of forces so long as the efficient machinery of legislation is in the hands of both parties at once; so long as the parties are mingled and harnessed together in a common organization.

It may be said, therefore, that very few of the measures which come before Congress are party measures. They are, at any rate, not brought in as party measures. They are indorsed by select bodies of members chosen with a view to constituting an impartial board of examination for the judicial and thorough consideration of each subject of legislation; no member of one of these Committees is warranted in revealing any of the disagreements of the committee-room or the proportions of the votes there taken; and no color is meant to be given to the supposition that the reports made are intended to advance any party interest. Indeed, only a very slight examination of the measures which originate with the Committees is necessary to show that most of them are framed with a view to securing their easy passage by giving them as neutral and inoffensive a character as possible. The manifest object is to dress them to the liking of all factions.

Under such circumstances, neither the failure nor the success of any policy inaugurated by one of the Committees can fairly be charged to the account of either party. The Committee acted honestly, no doubt, and as they thought best; and there can, of course, be no assurance that, by taking away its congressional majority from the party to which the greater number of the committee-men belong, a Committee could be secured which would act better or differently.

The conclusion of the whole matter is, then, that public opinion cannot be instructed or elevated by the debates of Congress, not only because there are few debates seriously undertaken by Congress, but principally because no one not professionally interested in the daily course of legislation cares to read what is said by the debaters when Congress does stop to talk, inasmuch as nothing depends upon the issue of the discussion. The ordinary citizen cannot be induced to pay much heed to the details, or even to the main principles, of law-making, unless something else more interesting than the law itself be involved in the pending decision of the law-makers. If the fortunes of a party or the power of a great political leader are staked upon the final vote, he will listen with the keenest interest to all that the principal actors may have to say, and absorb much instruction in so doing; but if no such things hang in the balance, he will not turn from his business to listen; and if the true issues are not brought out in eager public contests which catch his ear because of their immediate personal interest, but must be sought amidst the information which can be made complete only by reading scores of newspapers, he will certainly never find them or care for them, and there is small use in printing a "Record" which he will not read.

I know not how better to describe our form of government in a single phrase than by calling it a government by the chairmen of the Standing Committees of Congress. This disintegrate ministry, as it figures on the floor of the House of Representatives, has many peculiarities. In the first place, it is made up of the elders of the assembly; for, by custom, seniority in congressional service determines the bestowal of the principal chairmanships; in the second place, it is constituted of selfish and warring elements; for chairman fights against chairman for use of the time of the assembly, though the most part of them are inferior to the chairman of Ways and Means, and all are subordinate to the chairman of the Committee on Appropriations; in the third place, instead of being composed of the associated leaders of Congress, it consists of the dissociated heads of forty-eight "little legislatures" (to borrow Senator Hoar's apt name for the Committees); and, in the fourth place, it is instituted by appointment from Mr. Speaker, who is, by intention, the chief judicial, rather than the chief political, officer of the House.

It is highly interesting to note the extraordinary power accruing to Mr. Speaker through this pregnant prerogative of appointing the Standing Committees of the House. That power is, as it were, the central and characteristic inconvenience and anomaly of our constitutional system, and on that account excites both the curiosity and the wonder of the student of institutions. The most esteemed writers upon our Constitution have failed to observe, not only that the Standing Committees are the most essential machinery of our governmental system, but also that the Speaker of the House of Representatives is the most powerful functionary of that system. So sovereign is he within the wide sphere of his influence that one could wish for accurate knowledge as to the actual extent of his power. But Mr. Speaker's powers cannot be known accurately, because they vary with the character of Mr. Speaker. All Speakers have, of late years especially, been potent factors in legislation, but some have, by reason of greater energy or less conscience, made more use of their opportunities than have others.

The Speaker's privilege of appointing the Standing Committees is nearly as old as Congress itself. At first the House tried the plan of balloting for its more important Committees, ordering, in April, 1789, that the Speaker should appoint only those Committees which should consist of not more than three members; but less than a year's experience of this method of organizing seems to have furnished satisfactory proof of its impracticability, and in January, 1790, the present rule was adopted: that "All committees shall be appointed by the Speaker, unless otherwise specially directed by the House." The rules of one House of Representatives are not, however, necessarily the rules of the next. No rule lives save by biennial readoption. Each newly-elected House meets without rules for its governance, and amongst the first acts of its first session is usually the adoption of the resolution that the rules of its predecessor shall be its own rules, subject, of course, to such revisions as it may, from time to time, see fit to make. Mr. Speaker's power of appointment, accordingly, always awaits the passage of this resolution; but it never waits in vain, for no House, however foolish in other respects, has yet been foolish enough to make fresh trial of electing its Committees. That mode may do well enough for the cool and leisurely Senate, but it is not for the hasty and turbulent House.

It must always, of course, have seemed eminently desirable to all thoughtful and experienced men that Mr. Speaker should be no more than the judicial guide and moderator of the proceedings of the House, keeping apart from the heated controversies of party warfare, and exercising none but an impartial influence upon the course of legislation; and probably when he was first invested with the power of appointment it was thought possible that he could exercise that great prerogative without allowing his personal views upon questions of public policy to control or even affect his choice. But it must very soon have appeared that it was too much to expect of a man who had it within his power to direct affairs that he should subdue all purpose to do so, and should make all appointments with an eye to regarding every preference but his own; and when that did become evident, the rule was undoubtedly retained only because none better could be devised. Besides, in the early years of the Constitution the Committees were very far from having the power they now possess. Business did not then hurry too fast for discussion, and the House was in the habit of scrutinizing the reports of the Committees much more critically than it now pretends to do. It deliberated in its open sessions as well as in its private committee-rooms, and the functionary who appointed its committees was simply the nominator of its advisers, not, as is the Speaker of to-day, the nominor of its rulers.

It is plain, therefore, that the office of Speaker of the House of Representatives is in its present estate a constitutional phenomenon of the first importance, deserving a very thorough and critical examination. If I have succeeded, in what I have already said, in making clear the extraordinary power of the Committees in directing legislation, it may now go without the saying that he who appoints those Committees is an autocrat of the first magnitude. There could be no clearer proof of the great political weight of the Speaker's high commission in this regard than the keen strife which every two years takes place over the election to the speakership, and the intense interest excited throughout the country as to the choice to be made. Of late years, the newspapers have had almost as much to say about the rival candidates for that office as about the candidates for the presidency itself, having come to look upon the selection made as a sure index of the policy to be expected in legislation.

The Speaker is of course chosen by the party which commands the majority in the House, and it has sometimes been the effort of scheming, self-seeking men of that majority to secure the elevation of some friend or tool of their own to that office, from which he can render them service of the most substantial and acceptable sort. But, although these intrigues have occasionally resulted in the election of a man of insignificant parts and doubtful character, the choice has usually fallen upon some representative party man of well-known antecedents and clearly-avowed opinions; for the House cannot, and will not willingly, put up with the intolerable inconvenience of a weak Speaker, and the majority are urged by self-respect and by all the weightiest considerations of expediency, as well as by a regard for the interests of the public business, to place one of their accredited leaders in the chair. If there be differences of opinion within the party, a choice between leaders becomes a choice between policies and assumes the greatest significance. The Speaker is expected to constitute the Committees in accordance with his own political views, and this or that candidate is preferred by his party, not at all because of any supposed superiority of knowledge of the precedents and laws of parliamentary usage, but because of his more popular opinions concerning the leading questions of the day.

Mr. Speaker, too, generally uses his powers as freely and imperatively as he is expected to use them. He unhesitatingly acts as the legislative chief of his party, organizing the Committees in the interest of this or that policy, not covertly and on the sly, as one who does something of which he is ashamed, but openly and confidently, as one who does his duty. Nor does his official connection with the Committees cease upon their appointment. It is his care to facilitate their control of the business of the House, by recognizing during the consideration of a report only those members with whom the reporting committee-man has agreed to share his time, and by keeping all who address the House within the strictest letter of the rules as to the length of their speeches, as well as by enforcing all those other restrictions which forbid independent action on the part of individual members. He must see to it that the Committees have their own way. In so doing he is not exercising arbitrary powers which circumstances and the habits of the assembly enable him safely to arrogate; he is simply enforcing the plain letter and satisfying the evident spirit of the rules.

A student of Roman law and institutions, looking at the Rules of the House of Representatives through glasses unaccustomed to search out aught but antiquities, might be excused for claiming that he found in the customs of the House a striking reproduction of Roman legislative methods. The Roman assembly, he would remind us, could not vote and debate at the same time; it had no privileges of amendment, but had to adopt every law as a whole or reject it as a whole; and no private member had a right to introduce a bill, that being the exclusive prerogative of the magistrates. But though he might establish a parallel satisfactory to himself between the magistrates of Rome and the Committees at Washington, and between the undebatable, unamendable laws of the ancient, and the undebated, unamended laws of the modern, republic, he could hardly find in the later system that compensating advantage which scholars have noted as giving to Roman legislation a clearness and technical perfection such as is to be found in none of the modern codes. Since Roman laws could not be amended in their passage, and must carry their meaning plainly to the comprehension of the commons, clear and brief drafting was cultivated as of the first necessity in drawing up measures which were first to gain popular approval and then to succeed or fail in accomplishing their ends according as they proved workable or impracticable.

No such comparison of our own with other systems can, however, find any favor in the eyes of a certain class of Americans who pride themselves upon being nothing if not patriotic, and who can consequently find no higher praise for the peculiar devices of committee government than that they are our own invention. "An ill-favored thing, sir, but mine own." No one will readily believe, however, that congressmen--even those of them who belong to this dutiful class--cherish a very loving admiration for the discipline to which they are nowadays subjected. As the accomplished librarian of Congress has declared, "the general conviction may be said to exist, that, under the great control over legislation and current business by the Speaker, and by the powerful Committee on Appropriations, combined with the rigor of the Rules of the House, there is less and less opportunity for individual members to make any influential mark in legislation. Independence and ability are repressed under the tyranny of the rules, and practically the power of the popular branch of Congress is concentrated in the Speaker and a few--very few--expert parliamentarians." And of course members of Congress see this. "We have but three forces in this House," exclaimed a jocose member from the Pacific coast, "the Brahmins of the Committee of Ways and Means--not the brains but the Brahmins of the House; the white-button mandarins of the Appropriations Committee; the dignified oligarchy called the Committee on Rules; the Speaker of the House; and the illustrious gentleman from Indiana." Naturally all men of independent spirit chafe under the arbitrary restraints of such a system, and it would be much more philosophical to conclude that they let it stand because they can devise nothing better, than that they adhere to its inconvenient practices because of their admiration for it as an American invention.

However that may be, the number of those who misuse the rules is greater than the number of those who strive to reform them. One of the most startling of the prevalent abuses is the hasty passage of bills under a suspension of the rules, a device "by means of which," says Senator Hoar, "a large proportion, perhaps the majority, of the bills which pass the House are carried through." This practice may be very clearly understood by following further Mr. Hoar's own words: "Every Monday after the morning hour, and at any time during the last ten days of a session, motions to suspend the rules are in order. At these times any member may move to suspend the rules and pass any proposed bill. It requires two thirds of the members voting to adopt such a motion. Upon it no debate or amendment is in order. In this way, if two thirds of the body agree, a bill is by a single vote, without discussion and without change, passed through all the necessary stages, and made a law, so far as the House of Representatives can accomplish it; and in this mode hundreds of measures of vital importance receive, near the close of an exhausting session, without being debated, amended, printed, or understood, the constitutional assent of the representatives of the American people."

One very obvious comment to be made upon habits of procedure so palpably pernicious is, that nothing could be more natural under rules which repress individual action with so much stringency. Then, too, the mills of the Committees are known to grind slowly, and a very quick and easy way of getting rid of minor items of business is to let particular bills, of apparently innocent meaning or laudable intent, run through without commitment. There must be some outlet, too, through which the waters of delayed and accumulated business may be drained off as the end of a session draws near. Members who know how to take the House at an indulgent moment, and can in a few words make out a _prima facie_ case for the action they urge, can almost always secure a suspension of the rules.

To speak very plainly, it is wonderful that under such a system of government legislation is not oftener at sixes and sevens than it actually is. The infinitely varied and various interests of fifty millions of active people would be hard enough to harmonize and serve, one would think, were parties efficiently organized in the pursuit of definite, steady, consistent policies; and it is therefore simply amazing to find how few outrageously and fatally foolish, how few bad or disastrous, things have been done by means of our disintegrate methods of legislation. The Committees of the House to whom the principal topics of legislation are allotted number more than thirty. We are ruled by a score and a half of "little legislatures." Our legislation is conglomerate, not homogeneous. The doings of one and the same Congress are foolish in pieces and wise in spots. They can never, except by accident, have any common features. Some of the Committees are made up of strong men, the majority of them of weak men; and the weak are as influential as the strong. The country can get the counsel and guidance of its ablest representatives only upon one or two subjects; upon the rest it must be content with the impotent service of the feeble. Only a very small part of its most important business can be done well; the system provides for having the rest of it done miserably, and the whole of it taken together done at haphazard. There could be no more interesting problem in the doctrine of chances than that of reckoning the probabilities of there being any common features of principle in the legislation of an opening session. It might lighten and divert the leisure of some ingenious mathematician to attempt the calculation.