Part 2 (1/2)

It would seem, therefore, that practically Congress, or at any rate the House of Representatives, delegates not only its legislative but also its deliberative functions to its Standing Committees. The little public debate that arises under the stringent and urgent rules of the House is formal rather than effective, and it is the discussions which take place in the Committees that give form to legislation. Undoubtedly these siftings of legislative questions by the Committees are of great value in enabling the House to obtain ”undarkened counsel” and intelligent suggestions from authoritative sources. All sober, purposeful, business-like talk upon questions of public policy, whether it take place in Congress or only before the Committees of Congress, is of great value; and the controversies which spring up in the committee-rooms, both amongst the committee-men themselves and between those who appear before the Committees as advocates of special measures, cannot but contribute to add clearness and definite consistency to the reports submitted to the House.

There are, however, several very obvious reasons why the most thorough canva.s.s of business by the Committees, and the most exhaustive and discriminating discussion of all its details in their rooms, cannot take the place or fulfill the uses of amendment and debate by Congress in open session. In the first place, the proceedings of the Committees are private and their discussions unpublished. The chief, and unquestionably the most essential, object of all discussion of public business is the enlightenment of public opinion; and of course, since it cannot hear the debates of the Committees, the nation is not apt to be much instructed by them. Only the Committees are enlightened. There is a conclusive objection to the publication of the proceedings of the Committees, which is recognized as of course by all parliamentary lawyers, namely, that those proceedings are of no force till confirmed by the House. A Committee is commissioned, not to instruct the public, but to instruct and guide the House.

Indeed it is not usual for the Committees to open their sittings often to those who desire to be heard with regard to pending questions; and no one can demand a hearing as of right. On the contrary, they are privileged and accustomed to hold their sessions in absolute secrecy. It is made a breach of order for any member to allude on the floor of the House to anything that has taken place in committee, ”unless by a written report sanctioned by a majority of the Committee;” and there is no place in the regular order of business for a motion instructing a Committee to conduct its investigations with open doors. Accordingly, it is only by the concession of the Committees that arguments are made before them.

When they do suffer themselves to be approached, moreover, they generally extend the leave to others besides their fellow-congressmen.

The Committee on Commerce consents to listen to prominent railroad officials upon the subject of the regulation of freight charges and fares; and scores of interested persons telegraph inquiries to the chairman of the Committee of Ways and Means as to the time at which they are to be permitted to present to the Committee their views upon the revision of the tariff. The speeches made before the Committees at their open sessions are, therefore, scarcely of such a kind as would be instructive to the public, and on that account worth publis.h.i.+ng. They are as a rule the pleas of special pleaders, the arguments of advocates.

They have about them none of the searching, critical, illuminating character of the higher order of parliamentary debate, in which men are pitted against each other as equals, and urged to sharp contest and masterful strife by the inspiration of political principle and personal ambition, through the rivalry of parties and the compet.i.tion of policies. They represent a joust between antagonistic interests, not a contest of principles. They could scarcely either inform or elevate public opinion, even if they were to obtain its heed.

For the instruction and elevation of public opinion, in regard to national affairs, there is needed something more than special pleas for special privileges. There is needed public discussion of a peculiar sort: a discussion by the sovereign legislative body itself, a discussion in which every feature of each mooted point of policy shall be distinctly brought out, and every argument of significance pushed to the farthest point of insistence, by recognized leaders in that body; and, above all, a discussion upon which something--something of interest or importance, some pressing question of administration or of law, the fate of a party or the success of a conspicuous politician--evidently depends. It is only a discussion of this sort that the public will heed; no other sort will impress it.

There could, therefore, be no more unwelcome revelation to one who has anything approaching a statesman-like appreciation of the essential conditions of intelligent self-government than just that which must inevitably be made to every one who candidly examines our congressional system; namely, that, under that system, such discussion is impossible.

There are, to begin with, physical and _architectural_ reasons why business-like debate of public affairs by the House of Representatives is out of the question. To those who visit the galleries of the representative chamber during a session of the House these reasons are as obvious as they are astonis.h.i.+ng. It would be natural to expect that a body which meets ostensibly for consultation and deliberation should hold its sittings in a room small enough to admit of an easy interchange of views and a ready concert of action, where its members would be brought into close, sympathetic contact; and it is nothing less than astonis.h.i.+ng to find it spread at large through the vast s.p.a.ces of such a chamber as the hall of the House of Representatives, where there are no close ranks of cooperating parties, but each member has a roomy desk and an easy revolving chair; where broad aisles spread and stretch themselves; where ample, soft-carpeted areas lie about the s.p.a.cious desks of the Speaker and clerks; where deep galleries reach back from the outer limits of the wide pa.s.sages which lie beyond ”the bar”: an immense, capacious chamber, disposing its giant dimensions freely beneath the great level lacunar ceiling through whose gla.s.s panels the full light of day pours in. The most vivid impression the visitor gets in looking over that vast hall is the impression of s.p.a.ce. A speaker must needs have a voice like O'Connell's, the practical visitor is apt to think, as he sits in the gallery, to fill even the silent s.p.a.ces of that room; how much more to overcome the disorderly noises that buzz and rattle through it when the representatives are a.s.sembled,--a voice clear, sonorous, dominant, like the voice of a clarion. One who speaks there with the voice and lungs of the ordinary mortal must content himself with the audience of those members in his own immediate neighborhood, whose ears he rudely a.s.sails in vehement efforts to command the attention of those beyond them, and who, therefore, cannot choose but hear him.

It is of this magnitude of the hall of the representatives that those news telegrams are significant which speak of an interesting or witty speech in Congress as having drawn about the speaker listeners from all parts of the House. As one of our most noted wits would say, a member must needs take a Sabbath day's journey to get within easy hearing distance of a speaker who is addressing the House from the opposite side of the hall; for besides the s.p.a.ce there are the noises intervening, the noises of loud talking and of the clapping of hands for the pages, making the task of the member who is speaking ”very like trying to address the people in the omnibuses from the curbstone in front of the Astor House.”[21]

But these physical limitations to debate, though serious and real, are amongst the least important, because they are amongst the least insuperable. If effective and business-like public discussions were considered indispensable by Congress, or even desirable, the present chamber could readily be divided into two halls: the one a commodious reading-room where the members might chat and write at ease as they now do in the House itself; and the other a smaller room suitable for debate and earnest business. This, in fact, has been several times proposed, but the House does not feel that there is any urgency about providing facilities for debate, because it sees no reason to desire an increase of speech-making, in view of the fact that, notwithstanding all the limitations now put upon discussion, its business moves much too slowly.

The early Congresses had time to talk; Congresses of to-day have not.

Before that wing of the Capitol was built in which the representative chamber now is, the House used to sit in the much smaller room, now empty save for the statuary to whose exhibition it is devoted; and there much speech-making went on from day to day; there Calhoun and Randolph and Webster and Clay won their reputations as statesmen and orators. So earnest and interesting were the debates of those days, indeed, that the princ.i.p.al speeches delivered in Congress seem to have been usually printed at length in the metropolitan journals.[22] But the number and length of the speeches was even then very much deplored; and so early as 1828 a writer in the ”North American Review” condemns what he calls ”the habit of congressional debating,” with the air of one who speaks against some abuse which every one acknowledges to be a nuisance.[23] Eleven years later a contributor to the ”Democratic Review”[24] declared that it had ”been gravely charged upon” Mr. Samuel Cushman, then a member of the Twenty-fifth Congress from New Hamps.h.i.+re, ”that he moves the previous question. Truly,” continues the essayist, ”he does, and for that very service, if he had never done anything else, he deserves a monument as a public benefactor. One man who can arrest a tedious, long-winded, factious, time-killing debate, is worth forty who can provoke or keep one up. It requires some moral courage, some spirit, and some tact also, to move the previous question, and to move it, too, at precisely the right point of time.”

This ardent and generous defense of Mr. Cushman against the odious accusation of moving the previous question would doubtless be exquisitely amusing to the chairman of one of the Standing Committees of the Forty-eighth Congress, to whom the previous question seems one of the commonest necessities of life. But, after all, he ought not to laugh at the ingenuous essayist, for that was not the heyday of the rules; they then simply served and did not tyrannize over the House. They did not then have the opportunity of empire afforded them by the scantiness of time which hurries the House, and the weight of business which oppresses it; and they were at a greater disadvantage in a room where oratory was possible than they are in a vast chamber where the orator's voice is drowned amidst the noises of disorderly inattention. Nowadays would-be debaters are easily thrust out of Congress and forced to resort to the printing-office; are compelled to content themselves with speaking from the pages of the ”Record” instead of from their places in the House. Some people who live very far from Was.h.i.+ngton may imagine that the speeches which are spread at large in the columns of the ”Congressional Record,” or which their representative sends them in pamphlet form, were actually delivered in Congress; but every one else knows that they were not; that Congress is constantly granting leave to its members to insert in the official reports of the proceedings speeches which it never heard and does not care to hear, but which it is not averse from printing at the public expense, if it is desirable that const.i.tuents and the country at large should read them. It will not stand between a member and his const.i.tuents so long as it can indulge the one and satisfy the others without any inconvenience to itself or any serious drain upon the resources of the Treasury. The public printer does not object.

But there are other reasons still more organic than these why the debates of Congress cannot, under our present system, have that serious purpose of search into the merits of policies and that definite and determinate party--or, if you will, partisan--aim without which they can never be effective for the instruction of public opinion, or the cleansing of political action. The chief of these reasons, because the parent of all the rest, is that there are in Congress no authoritative leaders who are the recognized spokesmen of their parties. Power is nowhere concentrated; it is rather deliberately and of set policy scattered amongst many small chiefs. It is divided up, as it were, into forty-seven seigniories, in each of which a Standing Committee is the court-baron and its chairman lord-proprietor. These petty barons, some of them not a little powerful, but none of them within reach of the full powers of rule, may at will exercise an almost despotic sway within their own s.h.i.+res, and may sometimes threaten to convulse even the realm itself; but both their mutual jealousies and their brief and restricted opportunities forbid their combining, and each is very far from the office of common leader.

I know that to some this scheme of distributed power and disintegrated rule seems a very excellent device whereby we are enabled to escape a dangerous ”one-man power” and an untoward concentration of functions; and it is very easy to see and appreciate the considerations which make this view of committee government so popular. It is based upon a very proper and salutary fear of _irresponsible_ power; and those who most resolutely maintain it always fight from the position that all leaders.h.i.+p in legislation is hard to restrain in proportion to its size and to the strength of its prerogatives, and that to divide it is to make it manageable. They aver, besides, that the less a man has to do--that is to say, the more he is confined to single departments and to definite details--the more intelligent and thorough will his work be.

They like the Committees, therefore, just because they are many and weak, being quite willing to abide their being despotic within their narrow spheres.

It seems evident, however, when the question is looked at from another stand-point, that, as a matter of fact and experience, the more power is divided the more irresponsible it becomes. A mighty baron who can call half the country to arms is watched with greater jealousy, and, therefore, restrained with more vigilant care than is ever vouchsafed the feeble master of a single and solitary castle. The one cannot stir abroad upon an innocent pleasure jaunt without attracting the suspicious attention of the whole country-side; the other may vex and harry his entire neighborhood without fear of let or hindrance. It is ever the little foxes that spoil the grapes. At any rate, to turn back from ill.u.s.tration to the facts of the argument, it is plain enough that the petty character of the leaders.h.i.+p of each Committee contributes towards making its despotism sure by making its duties uninteresting. The Senate almost always discusses its business with considerable thoroughness; and even the House, whether by common consent or by reason of such persistent ”filibustering” on the part of the minority as compels the reporting Committee and the majority to grant time for talk, sometimes stops to debate committee reports at length; but n.o.body, except, perhaps, newspaper editors, finds these debates interesting reading.

Why is it that many intelligent and patriotic people throughout this country, from Virginia to California,--people who, beyond all question, love their State and the Union more than they love our cousin state over sea,--subscribe for the London papers in order to devour the parliamentary debates, and yet would never think of troubling themselves to make tedious progress through a single copy of the ”Congressional Record”? Is it because they are captivated by the old-world dignity of royal England with its n.o.bility and its court pageantry, or because of a vulgar desire to appear better versed than their neighbors in foreign affairs, and to affect familiarity with British statesmen? No; of course not. It is because the parliamentary debates are interesting and ours are not. In the British House of Commons the functions and privileges of our Standing Committees are all concentrated in the hands of the Ministry, who have, besides, some prerogatives of leaders.h.i.+p which even our Committees do not possess, so that they carry all responsibility as well as great power, and all debate wears an intense personal and party interest. Every important discussion is an arraignment of the Ministry by the Opposition,--an arraignment of the majority by the minority; and every important vote is a party defeat and a party triumph. The whole conduct of the government turns upon what is said in the Commons, because the revelations of debate often change votes, and a Ministry loses hold upon power as it loses hold upon the confidence of the Commons. This great Standing Committee goes out whenever it crosses the will of the majority. It is, therefore, for these very simple and obvious reasons that the parliamentary debates are read on this side of the water in preference to the congressional debates. They affect the ministers, who are very conspicuous persons, and in whom, therefore, all the intelligent world is interested; and they determine the course of politics in a great empire. The season of a parliamentary debate is a great field day on which Liberals and Conservatives pit their full forces against each other, and people like to watch the issues of the contest.

Our congressional debates, on the contrary, have no t.i.the of this interest, because they have no t.i.the of such significance and importance. The committee reports, upon which the debates take place, are backed by neither party; they represent merely the recommendations of a small body of members belonging to both parties, and are quite as likely to divide the vote of the party to which the majority of the Committee belong as they are to meet with opposition from the other side of the chamber. If they are carried, it is no party triumph; if they are lost, it is no party discomfiture. They are no more than the proposals of a mixed Committee, and may be rejected without political inconvenience to either party or reproof to the Committee; just as they may be pa.s.sed without compliment to the Committee or political advantage to either side of the House. Neither party has any great stake in the controversy. The only importance that can attach to the vote must hang upon its relation to the next general election. If the report concern a question which is at the time so much in the public eye that all action upon it is likely to be marked and remembered against the day of popular action, parties are careful to vote as solidly as possible on what they conceive to be the safe side; but all other reports are disposed of without much thought of their influence upon the fortunes of distant elections, because that influence is remote and problematical.

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 punis.h.i.+ng 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 const.i.tuted 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 const.i.tuting 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 pa.s.sage 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 circ.u.mstances, 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 a.s.surance 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 princ.i.p.ally 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 princ.i.p.al 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 a.s.sembly; for, by custom, seniority in congressional service determines the bestowal of the princ.i.p.al chairmans.h.i.+ps; in the second place, it is const.i.tuted of selfish and warring elements; for chairman fights against chairman for use of the time of the a.s.sembly, 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 a.s.sociated leaders of Congress, it consists of the dissociated heads of forty-eight ”little legislatures”

(to borrow Senator h.o.a.r's apt name for the Committees); and, in the fourth place, it is inst.i.tuted 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.