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 publishing. 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 competition 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 astonishing. 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

astonishing to find it spread at large through the vast spaces 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 spacious

desks of the Speaker and clerks; where deep galleries reach back from

the outer limits of the wide passages which lie beyond "the bar": an

immense, capacious chamber, disposing its giant dimensions freely

beneath the great level lacunar ceiling through whose glass 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 space. 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 spaces of

that room; how much more to overcome the disorderly noises that buzz and

rattle through it when the representatives are assembled,--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 assails 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 space 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

principal 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 Hampshire, "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 Washington 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

constituents and the country at large should read them. It will not

stand between a member and his constituents 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 shires, 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

leadership 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

illustration to the facts of the argument, it is plain enough that the

petty character of the leadership 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 nobody,

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 nobility 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 leadership 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 tithe of this

interest, because they have no tithe 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 passed 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 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.

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