Congress could not be too diligent about such talking; whereas it may

easily be too diligent in legislation. It often overdoes that business.

It already sends to its Committees bills too many by the thousand to be

given even a hasty thought; but its immense committee facilities and the

absence of all other duties but that of legislation make it omnivorous

in its appetite for new subjects for consideration. It is greedy to have

a taste of every possible dish that may be put upon its table, as an

"extra" to the constitutional bill of fare. This disposition on its part

is the more notable because there is certainly less need for it to hurry

and overwork itself at law-making than exists in the case of most other

great national legislatures. It is not state and national legislature

combined, as are the Commons of England and the Chambers of France. Like

the Reichstag of our cousin Germans, it is restricted to subjects of

imperial scope. Its thoughts are meant to be kept for national

interests. Its time is spared the waste of attention to local affairs.

It is even forbidden the vast domain of the laws of property, of

commercial dealing, and of ordinary crime. And even in the matter of

caring for national interests the way has from the first been made plain

and easy for it. There are no clogging feudal institutions to embarrass

it. There is no long-continued practice of legal or of royal tyranny for

it to cure,--no clearing away of old debris of any sort to delay it in

its exercise of a common-sense dominion over a thoroughly modern and

progressive nation. It is easy to believe that its legislative purposes

might be most fortunately clarified and simplified, were it to square

them by a conscientious attention to the paramount and controlling duty

of understanding, discussing, and directing administration.

If the people's authorized representatives do not take upon themselves

this duty, and by identifying themselves with the actual work of

government stand between it and irresponsible, half-informed criticism,

to what harassments is the executive not exposed? Led and checked by

Congress, the prurient and fearless, because anonymous, animadversions

of the Press, now so often premature and inconsiderate, might be

disciplined into serviceable capacity to interpret and judge. Its

energy and sagacity might be tempered by discretion, and strengthened by

knowledge. One of our chief constitutional difficulties is that, in

opportunities for informing and guiding public opinion, the freedom of

the Press is greater than the freedom of Congress. It is as if

newspapers, instead of the board of directors, were the sources of

information for the stockholders of a corporation. We look into

correspondents' letters instead of into the Congressional Record to find

out what is a-doing and a-planning in the departments. Congress is

altogether excluded from the arrangement by which the Press declares

what the executive is, and conventions of the national parties decide

what the executive shall be. Editors are self-constituted our guides,

and caucus delegates our government directors.

Since all this curious scattering of functions and contrivance of frail,

extra-constitutional machinery of government is the result of that

entire separation of the legislative and executive branches of the

system which is with us so characteristically and essentially

constitutional, it is exceedingly interesting to inquire and important

to understand how that separation came to be insisted upon in the making

of the Constitution. Alexander Hamilton has in our own times, as well

as before, been "severely reproached with having said that the British

government was the 'best model in existence.' In 1787 this was a mere

truism. However much the men of that day differed they were all agreed

in despising and distrusting _a priori_ constitutions and ideally

perfect governments, fresh from the brains of visionary enthusiasts,

such as sprang up rankly in the soil of the French revolution. The

Convention of 1787 was composed of very able men of the English-speaking

race. They took the system of government with which they had been

familiar, improved it, adapted it to the circumstances with which they

had to deal, and put it into successful operation. Hamilton's plan,

then, like the others, was on the British model, and it did not differ

essentially in details from that finally adopted."[59] It is needful,

however, to remember in this connection what has already been alluded

to, that when that convention was copying the English Constitution, that

Constitution was in a stage of transition, and had by no means fully

developed the features which are now recognized as most characteristic

of it. Mr. Lodge is quite right in saying that the Convention, in

adapting, improved upon the English Constitution with which its members

were familiar,--the Constitution of George III. and Lord North, the

Constitution which had failed to crush Bute. It could hardly be said

with equal confidence, however, that our system as then made was an

improvement upon that scheme of responsible cabinet government which

challenges the admiration of the world to-day, though it was quite

plainly a marked advance upon a parliament of royal nominees and

pensionaries and a secret cabinet of "king's friends." The English

constitution of that day had a great many features which did not invite

republican imitation. It was suspected, if not known, that the ministers

who sat in parliament were little more than the tools of a ministry of

royal favorites who were kept out of sight behind the strictest

confidences of the court. It was notorious that the subservient

parliaments of the day represented the estates and the money of the

peers and the influence of the King rather than the intelligence and

purpose of the nation. The whole "form and pressure" of the time

illustrated only too forcibly Lord Bute's sinister suggestion, that "the

forms of a free and the ends of an arbitrary government are things not

altogether incompatible." It was, therefore, perfectly natural that the

warnings to be so easily drawn from the sight of a despotic monarch

binding the usages and privileges of self-government to the service of

his own intemperate purposes should be given grave heed by Americans,

who were the very persons who had suffered most from the existing

abuses. It was something more than natural that the Convention of 1787

should desire to erect a Congress which would not be subservient and an

executive which could not be despotic. And it was equally to have been

expected that they should regard an absolute separation of these two

great branches of the system as the only effectual means for the

accomplishment of that much desired end. It was impossible that they

could believe that executive and legislature could be brought into close

relations of cooperation and mutual confidence without being tempted,

nay, even bidden, to collude. How could either maintain its independence

of action unless each were to have the guaranty of the Constitution that

its own domain should be absolutely safe from invasion, its own

prerogatives absolutely free from challenge? "They shrank from placing

sovereign power anywhere. They feared that it would generate tyranny;

George III. had been a tyrant to them, and come what might they would

not make a George III."[60] They would conquer, by dividing, the power

they so much feared to see in any single hand.

"The English Constitution, in a word," says our most astute English

critic, "is framed on the principle of choosing a single sovereign

authority, and making it good; the American, upon the principle of

having many sovereign authorities, and hoping that their multitude may

atone for their inferiority. The Americans now extol their institutions,

and so defraud themselves of their due praise. But if they had not a

genius for politics, if they had not a moderation in action singularly

curious where superficial speech is so violent, if they had not a regard

for law, such as no great people have ever evinced, and infinitely

surpassing ours, the multiplicity of authorities in the American

Constitution would long ago have brought it to a bad end. Sensible

shareholders, I have heard a shrewd attorney say, can work _any_ deed of

settlement; and so the men of Massachusetts could, I believe, work _any_

constitution."[61] It is not necessary to assent to Mr. Bagehot's

strictures; but it is not possible to deny the clear-sighted justice of

this criticism. In order to be fair to the memory of our great

constitution-makers, however, it is necessary to remember that when they

sat in convention in Philadelphia the English Constitution, which they

copied, was not the simple system which was before Mr. Bagehot's eyes

when he wrote. Its single sovereign authority was not then a

twice-reformed House of Commons truly representative of the nation and

readily obeyed by a responsible Ministry. The sovereignty was at see-saw

between the throne and the parliament,--and the throne-end of the beam

was generally uppermost. Our device of separated, individualized powers

was very much better than a nominal sovereignty of the Commons which was

suffered to be overridden by force, fraud, or craft, by the real

sovereignty of the King. The English Constitution was at that time in

reality much worse than our own; and, if it is now superior, it is so

because its growth has not been hindered or destroyed by the too tight

ligaments of a written fundamental law.

The natural, the inevitable tendency of every system of self-government

like our own and the British is to exalt the representative body, the

people's parliament, to a position of absolute supremacy. That tendency

has, I think, been quite as marked in our own constitutional history as

in that of any other country, though its power has been to some extent

neutralized, and its progress in great part stayed, by those denials of

that supremacy which we respect because they are written in our law. The

political law written in our hearts is here at variance with that which

the Constitution sought to establish. A written constitution may and

often will be violated in both letter and spirit by a people of

energetic political talents and a keen instinct for progressive

practical development; but so long as they adhere to the forms of such a

constitution, so long as the machinery of government supplied by it is

the only machinery which the legal and moral sense of such a people

permits it to use, its political development must be in many directions

narrowly restricted because of an insuperable lack of open or adequate

channels. Our Constitution, like every other constitution which puts the

authority to make laws and the duty of controlling the public

expenditure into the hands of a popular assembly, practically sets that

assembly to rule the affairs of the nation as supreme overlord. But, by

separating it entirely from its executive agencies, it deprives it of

the opportunity and means for making its authority complete and

convenient. The constitutional machinery is left of such a pattern that

other forces less than that of Congress may cross and compete with

Congress, though they are too small to overcome or long offset it; and

the result is simply an unpleasant, wearing friction which, with other

adjustments, more felicitous and equally safe, might readily be avoided.

Congress, consequently, is still lingering and chafing under just such

embarrassments as made the English Commons a nuisance both to

themselves and to everybody else immediately after the Revolution

Settlement had given them their first sure promise of supremacy. The

parallel is startlingly exact. "In outer seeming the Revolution of 1688

had only transferred the sovereignty over England from James to William

and Mary. In actual fact it had given a powerful and decisive impulse to

the great constitutional progress which was transferring the sovereignty

from the King to the House of Commons. From the moment when its sole

right to tax the nation was established by the Bill of Rights, and when

its own resolve settled the practice of granting none but annual

supplies to the Crown, the House of Commons became the supreme power in

the State.... But though the constitutional change was complete, the

machinery of government was far from having adapted itself to the new

conditions of political life which such a change brought about. However

powerful the will of the Commons might be, it had no means of bringing

its will directly to bear on the control of public affairs. The

ministers who had charge of them were not its servants but the servants

of the Crown; it was from the King that they looked for direction, and

to the King that they held themselves responsible. By impeachment or

more indirect means the Commons could force a king to remove a minister

who contradicted their will; but they had no constitutional power to

replace the fallen statesman by a minister who would carry out their

will.

"The result was the growth of a temper in the Lower House which drove

William and his ministers to despair. It became as corrupt, as jealous

of power, as fickle in its resolves and factious in its spirit as bodies

always become whose consciousness of the possession of power is

untempered by a corresponding consciousness of the practical

difficulties or the moral responsibilities of the power which they

possess. It grumbled ... and it blamed the Crown and its ministers for

all at which it grumbled. But it was hard to find out what policy or

measures it would have preferred. Its mood changed, as William bitterly

complained, with every hour.... The Houses were in fact without the

guidance of recognized leaders, without adequate information, and

destitute of that organization out of which alone a definite policy can

come."[62]

The cure for this state of things which Sunderland had the sagacity to

suggest, and William the wisdom to apply, was the mediation between King

and Commons of a cabinet representative of the majority of the popular

chamber,--a first but long and decisive step towards responsible

cabinet government. Whether a similar remedy would be possible or

desirable in our own case it is altogether aside from my present purpose

to inquire. I am pointing out facts,--diagnosing, not prescribing

remedies. My only point just now is, that no one can help being struck

by the closeness of the likeness between the incipient distempers of the

first parliaments of William and Mary and the developed disorders now so

plainly discernible in the constitution of Congress. Though honest and

diligent, it is meddlesome and inefficient; and it is meddlesome and

inefficient for exactly the same reasons that made it natural that the

post-Revolutionary parliaments should exhibit like clumsiness and like

temper: namely, because it is "without the guidance of recognized

leaders, without adequate information, and destitute of that

organization out of which alone a definite policy can come."

The dangers of this serious imperfection in our governmental machinery

have not been clearly demonstrated in our experience hitherto; but now

their delayed fulfillment seems to be close at hand. The plain tendency

is towards a centralization of all the greater powers of government in

the hands of the federal authorities, and towards the practical

confirmation of those prerogatives of supreme overlordship which

Congress has been gradually arrogating to itself. The central

government is constantly becoming stronger and more active, and Congress

is establishing itself as the one sovereign authority in that

government. In constitutional theory and in the broader features of past

practice, ours has been what Mr. Bagehot has called a "composite"

government. Besides state and federal authorities to dispute as to

sovereignty, there have been within the federal system itself rival and

irreconcilable powers. But gradually the strong are overcoming the weak.

If the signs of the times are to be credited, we are fast approaching an

adjustment of sovereignty quite as "simple" as need be. Congress is not

only to retain the authority it already possesses, but is to be brought

again and again face to face with still greater demands upon its energy,

its wisdom, and its conscience, is to have ever-widening duties and

responsibilities thrust upon it, without being granted a moment's

opportunity to look back from the plough to which it has set its hands.

The sphere and influence of national administration and national

legislation are widening rapidly. Our populations are growing at such a

rate that one's reckoning staggers at counting the possible millions

that may have a home and a work on this continent ere fifty more years

shall have filled their short span. The East will not always be the

centre of national life. The South is fast accumulating wealth, and will

faster recover influence. The West has already achieved a greatness

which no man can gainsay, and has in store a power of future growth

which no man can estimate. Whether these sections are to be harmonious

or dissentient depends almost entirely upon the methods and policy of

the federal government. If that government be not careful to keep within

its own proper sphere and prudent to square its policy by rules of

national welfare, sectional lines must and will be known; citizens of

one part of the country may look with jealousy and even with hatred upon

their fellow-citizens of another part; and faction must tear and

dissension distract a country which Providence would bless, but which

man may curse. The government of a country so vast and various must be

strong, prompt, wieldy, and efficient. Its strength must consist in the

certainty and uniformity of its purposes, in its accord with national

sentiment, in its unhesitating action, and in its honest aims. It must

be steadied and approved by open administration diligently obedient to

the more permanent judgments of public opinion; and its only active

agency, its representative chambers, must be equipped with something

besides abundant powers of legislation.

As at present constituted, the federal government lacks strength because

its powers are divided, lacks promptness because its authorities are

multiplied, lacks wieldiness because its processes are roundabout, lacks

efficiency because its responsibility is indistinct and its action

without competent direction. It is a government in which every officer

may talk about every other officer's duty without having to render

strict account for not doing his own, and in which the masters are held

in check and offered contradiction by the servants. Mr. Lowell has

called it "government by declamation." Talk is not sobered by any

necessity imposed upon those who utter it to suit their actions to their

words. There is no day of reckoning for words spoken. The speakers of a

congressional majority may, without risk of incurring ridicule or

discredit, condemn what their own Committees are doing; and the

spokesmen of a minority may urge what contrary courses they please with

a well-grounded assurance that what they say will be forgotten before

they can be called upon to put it into practice. Nobody stands sponsor

for the policy of the government. A dozen men originate it; a dozen

compromises twist and alter it; a dozen offices whose names are scarcely

known outside of Washington put it into execution.

This is the defect to which, it will be observed, I am constantly

recurring; to which I recur again and again because every examination of

the system, at whatsoever point begun, leads inevitably to it as to a

central secret. It is the defect which interprets all the rest, because

it is their common product. It is exemplified in the extraordinary fact

that the utterances of the Press have greater weight and are accorded

greater credit, though the Press speaks entirely without authority, than

the utterances of Congress, though Congress possesses all authority. The

gossip of the street is listened to rather than the words of the

law-makers. The editor directs public opinion, the congressman obeys it.

When a presidential election is at hand, indeed, the words of the

political orator gain temporary heed. He is recognized as an authority

in the arena, as a professional critic competent to discuss the good and

bad points, and to forecast the fortunes of the contestants. There is

something definite in hand, and he is known to have studied all its

bearings. He is one of the managers, or is thought to be well acquainted

with the management. He speaks "from the card." But let him talk, not

about candidates, but about measures or about the policy of the

government, and his observations sink at once to the level of a mere

individual expression of opinion, to which his political occupations

seem to add very little weight. It is universally recognized that he

speaks without authority, about things which his vote may help to

settle, but about which several hundred other men have votes quite as

influential as his own. Legislation is not a thing to be known

beforehand. It depends upon the conclusions of sundry Standing

Committees. It is an aggregate, not a simple, production. It is

impossible to tell how many persons' opinions and influences have

entered into its composition. It is even impracticable to determine from

this year's law-making what next year's will be like.

Speaking, therefore, without authority, the political orator speaks to

little purpose when he speaks about legislation. The papers do not

report him carefully; and their editorials seldom take any color from

his arguments. The Press, being anonymous and representing a large force

of inquisitive news-hunters, is much more powerful than he chiefly

because it _is_ impersonal and seems to represent a wider and more

thorough range of information. At the worst, it can easily compete with

any ordinary individual. Its individual opinion is quite sure to be

esteemed as worthy of attention as any other individual opinion. And,

besides, it is almost everywhere strong enough to deny currency to the

speeches of individuals whom it does not care to report. It goes to its

audience; the orator must depend upon his audience coming to him. It can

be heard at every fireside; the orator can be heard only on the platform

or the hustings. There is no imperative demand on the part of the

reading public in this country that the newspapers should report

political speeches in full. On the contrary, most readers would be

disgusted at finding their favorite columns so filled up. By giving even

a notice of more than an item's length to such a speech, an editor runs

the risk of being denounced as dull. And I believe that the position of

the American Press is in this regard quite singular. The English

newspapers are so far from being thus independent and self-sufficient

powers,--a law unto themselves,--in the politics of the empire that they

are constrained to do homage to the political orator whether they will

or no. Conservative editors must spread before their readers _verbatim_

reports not only of the speeches of the leaders of their own party, but

also of the principal speeches of the leading Liberal orators; and

Liberal journals have no choice but to print every syllable of the more

important public utterances of the Conservative leaders. The nation

insists upon knowing what its public men have to say, even when it is

not so well said as the newspapers which report them could have said

it.

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