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.

It was probably some such reflections as these which suggested the

proposal, made not long since in the House, that there should be

appointed, along with the usual Standing Committees, a new committee

which should be known as the Executive Committee of the House, and

should be empowered to examine and sort all the bills reported favorably

by the other Standing Committees, and bring them forward in what might

seem to it the order of their importance; a committee which should, in

short, digest pending measures and guide the House in arranging its

order of business. But it is seriously to be doubted whether such an

addition to the present organization would do more than tighten the

tyranny of committee rule and still further restrict freedom of debate

and action. A committee to superintend committees would add very little

to the efficiency of the House, and would certainly contribute nothing

towards unifying legislation, unless the new committee were to be given

the power, not yet thought of, of revising the work of the present

Standing Committees. Such an executive committee is not quite the device

needed.

Apparently committee government is but one of many experiments in the

direction of the realization of an idea best expressed--so far as my

reading shows--by John Stuart Mill; and is too much like other

experiments to be quite as original and unique as some people would like

to believe. There is, said Mr. Mill, a "distinction between the function

of _making_ laws, for which a numerous popular assembly is radically

unfit, and that of _getting good laws made_, which is its proper duty,

and cannot be satisfactorily fulfilled by any other authority;" and

there is, consequently, "need of a legislative commission, as a

permanent part of the constitution of a free country; consisting of a

small number of highly-trained political minds, on whom, when parliament

has determined that a law shall be made, the task of making it should be

devolved; parliament retaining the power of passing or rejecting the

bill when drawn up, but not of altering it otherwise than by sending

proposed amendments to be dealt with by the commission."[25] It would

seem, as I have said, that committee government is one form of the

effort, now making by all self-governing peoples, to set up a

satisfactory legislative commission somewhat after this order; and it

might appear to some as if the proposed executive committee were a

slight approximation to that form of the effort which is typified in the

legislative functions of the British cabinet. It cannot, of course, be

claimed that the forty-eight legislative commissions of the House of

Representatives always answer the purpose when the House wants to get

good laws made, or that each of them consists invariably of "a small

number of highly-trained political minds;" but everybody sees that to

say that they fall short of realizing the ideal would be nothing less

than hypercritical.

In saying that our committee government has, germinally, some of the

features of the British system, in which the ministers of the crown, the

cabinet, are chosen from amongst the leaders of the parliamentary

majority, and act not only as advisers of the sovereign but also as the

great standing committee or "legislative commission" of the House of

Commons, guiding its business and digesting its graver matters of

legislation, I mean, of course, only that both systems represent the

common necessity of setting apart some small body, or bodies, of

legislative guides through whom a "big meeting" may get laws made. The

difference between our device and the British is that we have a

Standing Committee, drawn from both parties, for the consideration of

each topic of legislation, whereas our English cousins have but a single

standing committee that is charged with the origination of

legislation,--a committee composed of the men who are recognized as the

leaders of the party dominant in the state, and who serve at the same

time as the political heads of the executive departments of the

government.

The British system is perfected party government. No effort is made in

the Commons, such as is made in the House of Representatives in the

composition of the Committees, to give the minority a share in

law-making. Our minorities are strongly represented on the Standing

Committees; the minority in the Commons is not represented at all in the

cabinet. It is this feature of closely organized party government,

whereby the responsibility for legislation is saddled upon the majority,

which, as I have already pointed out, gives to the debates and action of

parliament an interest altogether denied to the proceedings of Congress.

All legislation is made a contest for party supremacy, and if

legislation goes wrong, or the majority becomes discontented with the

course of policy, there is nothing for it but that the ministers should

resign and give place to the leaders of the Opposition, unless a new

election should procure for them a recruited following. Under such a

system mere silent voting is out of the question; debate is a primary

necessity. It brings the representatives of the people and the ministers

of the Crown face to face. The principal measures of each session

originate with the ministers, and embody the policy of the

administration. Unlike the reports of our Standing Committees, which are

intended to be simply the digested substance of the more sensible bills

introduced by private members, the bills introduced into the House of

Commons by the cabinet embody the definite schemes of the government;

and the fact that the Ministry is made up of the leaders of the majority

and represents always the principles of its party, makes the minority

only the more anxious to have a chance to criticise its proposals.

Cabinet government is a device for bringing the executive and

legislative branches into harmony and cooperation without uniting or

confusing their functions. It is as if the majority in the Commons

deputized its leaders to act as the advisers of the Crown and the

superintendents of the public business, in order that they might have

the advantage of administrative knowledge and training in advising

legislation and drafting laws to be submitted to parliament. This

arrangement enlists the majority in behalf of successful administration

without giving the ministers any power to coerce or arbitrarily

influence legislative action. Each session of the Lords and Commons

becomes a grand inquest into the affairs of the empire. The two estates

sit as it were in committee on the management of the public

business--sit with open doors, and spare themselves no fatigue in

securing for every interest represented a full, fair, and impartial

hearing.

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