Constituencies, difficulties of, in controlling Congress, 186-189.
Constitution, The, its wayward fortunes, 1; difficulties attending
adoption of, 2; outward conformity to principles of, in former times, 3;
present attitude of criticism toward, 5; its change of substance and
persistency of form, 7; growth of, 7; elementary structure of, 8; in
operation and in the books, 9, 10; "literary theory" of, 12; "implied
powers" of, 22 _et seq_.; centre of all early political contests, 196
_et seq_.; questions of interpretation of, not now urgent, 202;
practically amended without being constitutionally amended, 242; modeled
after the English Constitution, 307 _et seq_.; Bagehot on multiplicity
of authorities in, 309, 310; forms of, hold Congress back from making
its power convenient and honest, 312.
Consultation between President and Senate, not real, 232 _et seq_.;
means of, between President and Senate, 234.
Contingent Fund of Treasury Dept., fraudulent use of, 178.
Convention, Constitutional, of 1787, 268, 284, 307, 309.
Convention, national nominating, real functions of a, 245 _et seq_.;
minority representation in composition of a, 246; conditions surrounding
choice of a candidate by a, 250, 251; does not pick from Congress, 251,
252.
Cooley, Judge, on balance between state and federal govts., 17, 18; on
checks upon federal encroachment, 33, 34; on judicial control of the
Executive, 35; on the originality of the Constitution, 55, 56;
incompleteness of constitutional view of, 56, 57.
"Courtesy" of the Senate, 238.
Criticism, necessity for a new, of constitutional methods, 53 _et seq_.;
former methods of constitutional, 57; Congress central object of
constitutional, 57; of legislation by Senate, 219.
Cromwell, Oliver, 207, 208.
Cushman, Samuel, 89.
Dale, Mr., on indifference of public opinion in U. S., 331.
Debate, time for, and conditions of, in House, 75 _et seq_.; importance
of, 78; on Ways and Means and Appropriations, 78; absence of instinct
of, in House, 79; relegated to Standing Committees, 81, 82; in Standing
Committees, 81; value of, in Committees, 82; kind of, necessary, 85;
physical limitations of, in House, 86 _et seq_.; in early Houses, 89,
90; uninteresting and uninstructive character of, in Congress, 95, 96,
101, 184, 185, 298; parliamentary, centres about Ministry, 95; necessity
for, under responsible Cabinet govt., 119; in French Assembly, 125 _et
seq_.; of appropriation bills, 154, 155, 183, 184; of all financial
questions by Congress, 183; in Senate, 211, 216 _et seq_.; in Congress,
directed at random, 298; chief use of public, in representative bodies,
299 _et seq_.; of administration, cannot be too much of, in Congress,
304.
Deficiency Bills, 159.
Democracy, limited in U. S. by Senate, 226.
Denmark, treaty with, in regard to St. Thomas, in Senate, 50, 51.
Departments, communications of, with Appropriation Committees concerning
estimates, 160-164; present methods of book-keeping in the, 163; heads
of, make interest with Appropriation Committees, 163; Senate's share in
control of the, 231; and Congress, defective means of cooperation
between, 270, 271; demoralizing relations of, with Congress, 277, 278;
exactions of Congress upon, 278, 279; objects of suspicion because of
their privacy, 299, 300.
Eaton, D. B., on civil service reform in Great Britain, 285.
Education, federal aid to, 29.
Election, Senate shielded by the method of its, 224; of President, real
method of, 243 _et seq_.; virtual, by nominating conventions, 245.
Electors, presidential, balanced against people, 40; agents of
nominating conventions, 245, 250; history of action of, 246, 247, 250.
Ellsworth, Oliver, on veto power, 52.
Embargo, the, 21.
English Constitution, likeness between the, and that of U. S., 7, 307
_et seq_.; character of, when Constitution of U. S. was formed, 307,
308, 310, 311.
Estimates, in House of Commons, 137; preparation of the federal, 148,
149; federal, go to Committee on Appropriations, 149; communications and
conferences between Appropriation Committees and the departments
concerning, 160-164; thoroughness of later, 163.
Exchequer, Chancellor of, preparation and submission to Commons of
budget by, 140-142; represented by House Committee of Ways and Means,
170; financial policy of, compared with policy of House Committee of
Ways and Means, 171-175.
Executive, 242-293; relations of, with Senate, 230 _et seq_.; really
chosen by representative, deliberative body, 244; and legislative
service divorced in U. S., 251-253; the President not all of the, 257;
elements constituting the, in U. S., 259; functions bestowed upon the
Secretaries, 260; and Congress, party diversity between, 267; Roger
Sherman upon real character of, 268; and Congress, defective means of
cooperation between, 270 _et seq_.; responsibility of, and civil service
reform, 285 _et seq_.; suspected because not clearly visible through
Congress, 299, 300; embarrassed by half-informed criticism, 305.
Expenditure, questions of, disconnected from questions of supply, 174,
175; supervision of, by Congress, 175-179.
Federal govt., the, early weakness and timidity of, 18, 19; growth in
self-confidence and power of, 19, 20; first questions that engaged the
attention of, 20; brought to every man's door, 25; supervision of
elections by, 27; highest point of aggression of, 33; advantage of
indirect taxation to, 133; necessity for two chambers in, 221, 222;
possible paralysis of, in emergencies, 282; rapidly widening sphere of,
316, 317; weakness of our present, 318.
Federal and state govts., balance between, 13; object of balance
between, 14; early conditions of balance between, 15; Hamilton on
balance between, 16, 17; present inefficacy of balance between, 17;
balance between, destroyed by doctrine of "implied powers," 23; balance
between, dependent on federal judiciary, 24; balance between, prejudiced
by internal improvements, 28, and by federal power over commerce, 30,
31; balance between, last pictured in "reconstruction," 32, 33.
_Federalist_, the, quoted, 16, 17.
Ferry, M. Jules, 248.
Fillmore, President, 259.
Finance, loose govt. practices concerning, 130, 131; comparatively
unembarrassed character of American, 135; necessity for responsibility
in direction of, 135; shifting character of federal, 135, 136; number of
Committees controlling, in Congress, 136; administration of, in England,
137-146; administration of, in U. S., 146 _et seq_., 280; Senate
Committee on, 169; confusion of public opinion in regard to action of
Congress upon, 280.
Financial, officials, accessibility of English, in the Commons, 146,
147; officials, separation of, from Congress in the U. S., 147;
officials, mere witnesses in U. S., 164; officials, irresponsibility of,
for estimates in U. S., 164; system of U. S., contrasted with that of
Eng., 180; system of U. S., incoherency of, 180, 181; policy of
Congress, shifting character of, 181, 182; legislation, prominent place
of, in congressional business, 183; questions, control of, by Committees
in Senate, 212, n.; questions, confusion of public opinion regarding
action of Congress upon, 280.
Fish, Secretary, and treaty with Denmark, 51.
Foreign relations, principal concern of federal govt. during first
quarter century, 43; hand of Senate in, 49 _et seq_., 232 _et seq_.; no
real consultation between President and Senate concerning, 232; Senate
Committee on, 234.
France, public accounts, how kept in, 145; Ministry, how chosen in, 244.
French Assembly, organization of, 123; parties in, 124; proceedings of,
125 _et seq_.; compared with House of Representatives and House of
Commons, 127-129.
French Revolution, 20, 43.
Froude, J. A., on political orators, 215.
Gallatin, Albert, 181.
George III., 187, 308, 309.
Gladstone, Wm. E., 59; on direct and indirect taxes, 134; 209, 322.
Government, by chairmen of Standing Committees, 102; by Standing
Committees, contrasted with govt. by responsible Ministry, 116 _et
seq_.; conditions of perfect party, 267, 268; "by declamation," 318.
Grant, President, and treaty with Denmark, 51; nominates Smythe, 235.
Green, J. R., on Parliament and public opinion under Geo. III., 187,
188; on temper and embarrassments of the Parliament succeeding the
Revolution Settlement in England, 313, 314.
Grevy, President, 248.
Hall of House of Representatives, size of, 86 _et seq_.
Hamilton, Alex., on balance between state and national govts., 16, 17;
influence of, upon early policy of govt., 21; advocacy of protective
duties, 22; announces doctrine of "implied powers," 22; 181, 259, 306,
307.
Hampden, John, 208.
Henry, Patrick, 209.
Hoar, G. F., Senator, on time for reporting given to Committees, 72; on
suspension of the Rules in House, 111, 112.
House of Commons, _See_ 'Commons, House of.'
House of Lords, Bagehot on the, 220.
House of Representatives, _See_ 'Representatives, House of.'
Impeachment, 275, 276.
"Implied powers," enunciated by Hamilton, 22; sustained national bank,
22; McCulloch v. Maryland, 23; a vigorous principle of constitutional
growth, 23; effect of, upon status of States, 23, 24; practical issue of
doctrine of, 25 _et seq_.
Internal Improvements, 28; moral effect of, upon state policy, 29;
history of policy of, 165-167; sums appropriated for, 167; character of
opposition to, 197.
Jackson, President, 166, 204; why chosen President, 252; 259, 266.
James II., 213.
Jefferson, Thos., leads his party as President, 41, 204, 252.
Johnson, President, contest of, with Senate, 49.
Judiciary, power of, to control Executive, 34, 35; power of, to control
Congress, 35, 36; change of party color in, 37; power of Congress over,
38, 39.
Judiciary Act of 1789, 39.
Kentucky, protest of, against Alien and Sedition Laws, 21.
Leaders, absence of authoritative, in Congress, 58, 92, 205, 212, 315;
lacking in parties of U. S., 187; raised up by the constitutional
struggles before the war, 199 _et seq_.; slavery and anti-slavery, 201,
202; no offices for political, in U. S., 203; training necessary for,
255, 256; political, authority of, in England, 323.
Leadership, conditions of political, in U. S., 204 _et seq_., 323;
character of legislative, 206 _et seq_.; lack of, in Senate, 212, 213;
the prize of, 214; lack of, in U. S. makes parties conglomerate, 324.
"Legal tender" decision, 33, n., 38.
Legislation, character of, determined by privileges of Committees and
necessity for haste, 74; compromise character of, in Congress, 101;
conglomerate and heterogeneous, 113, 325; part of President in, by
virtue of veto power, 260, 266; and administration contrasted, 273, 274;
Buckle on present value of, 295; nature of present task of, 295, 296;
generates legislation, 297; not more important than administration, 297;
general function of, 301, 302; tendency toward widening sphere of, 316,
317.
Legislative service divorced from Executive, in U. S., 251-253.
"Letter" of Secretary of Treasury to Congress, 149, 153.
Lincoln, President, 259, 283, n.
"Literary theory" of the Constitution, 12, 268, 284; marred by growth of
federal powers, 30.
Lobbying in Congress, 189, 190.
Lodge, H. C., quoted with regard to Hamilton, 21, 22.
"Log-rolling," 169.
Lords, House of, Bagehot on, 220.
Louisiana, purchase of, 20, 43.
Lowell, J. R., on "government by declamation," 318.
Macaulay, criticism of legislative leadership by, 207.
Machiavelli, on responsibility of ministers, 275.
Maclay, Wm., Sketches of First Senate by, quoted, 24, n.
McMaster, J. B., quoted, 19.
Madison, President, 165, refuses to meet Senate, 234, n.
_Magna Carta_, and the Constitution of U. S., 7.
Member, the new, embarrassments of, in the House, 61 _et seq_.
Members, suppression of independence and ability amongst, in the House,
by the Rules, 110.
Membership, of Senate, made up by promotions from House, 210; of Senate,
biennially renewed in part, 228, 229.
Mill, J. S., "legislative commission" proposed by, 115, 129, 192.
Ministry, parliamentary debate centres around British, 95; disintegrate,
in Congress, 102; parliamentary position of British, 95, 244; British, a
single Standing Committee of Parliament, 117; necessity of public debate
to British, 119; British, compared with French, 123, 124, 129; history
of parliamentary responsibility of British, 286-288.
Monroe, President, 165, 252.
"Morning hours," 73.
_Nation_, the, letter to, on federal financial system, quoted, 191; on
status of Cabinet, quoted, 269.
National sovereignty, growth of sentiment of, 31, 32; sentiment of,
makes advent and issue of the war inevitable, 32.
Newcastle, Duke of, 286.
Nominations, the Senate and, 235; popular interest attaching to action
of Senate on, 236, 237; of Presidents by conventions, virtual character
of, 245.
North, Lord, 287, 308.
Northcote, Sir Stafford, 322.
Offices, political and non-political, 290, 291.
Orators, character of the ruling, of our race, 208 _et seq_.; natural
leaders of a self-governing people, 209; Froude on political, 215;
political, without authority or responsibility in U. S., 319 _et seq_.;
political weight of, in England, 321-324.
Otis, James, 209.
Parties, vagueness of responsibility of, for legislation in U. S.,
96-101; both, represented on Standing Committees, 99; in U. S., absence
of responsible organization in, 187; in U. S., headless, conglomerate
character of, 324; in Congress, discipline of, 326, 327; in Congress,
kept together by caucus, 330.
Parton, on purposes of a national parliament, 250, 251.
Party, govt. by, practical necessity for, 97 _et seq_.; organization,
outside Congress, 98; inside Congress, 99; choice of Speaker by, 107;
govt. by, perfected in British system, 117 _et seq_.; diversity between
Executive and Congress, 267; conditions of govt. by, 267, 268; relations
of President and Cabinet, 269; insignificance of Cabinet, 270; leaders
in England, weight and position of, 322.
Peel, Sir Robt., 209; on questions asked Prime Minister in the Commons,
300.
Pension Act, in 48th Congress, 79-81.
"Permanent appropriations," 152, 153.
Pitt, Wm., 209; elected to rule Commons, 249.
Political discretion of President and Congress, 34, 35.
Power, diffusion of, in Congress, 92, 206; irresponsible, 92, 93, 314;
_and accountability_, 283, 284.
Presidency, tendency to raise governors of States to the, 253.
President, the, and Supreme Court, relations between, 35; independence
and influence of, 41; declining prestige of office of, 43; belittled by
growth of congressional power, 43; and Cabinet, division of labor
between, 45, 46; veto power of, 52, 260; and Senate, no real
consultation between, 232 _et seq_.; irresponsible dictation of Senate
to, 238, 239; functional contrast of, with English Prime Minister, 249;
conditions surrounding choice of a, by convention, 250, 251; character
of usual functions of, 254; not all of the Executive, 257; relations of,
to Cabinet, 258, 259; De Tocqueville on position of, 266, n.; party
relations of, 269; party insignificance of, 270; and Congress, defective
means of cooperation between, 270, 271.
President of French Assembly, functions and powers of, 125, 126.
Presidents, character and influence of the early, 41; decline of
character of, along with crystallization of electoral system, 42; real
method of electing, 243 _et seq_.
Press, the, political influence of, in U. S., 305, 306, 319-321; in
England, subordinate to political leaders, 321.
Previous Question, 75, 90; in the Senate, 211, n., 218.
Prime Minister, method of selecting a, in England and France, 248; and
President, contrast between, 249; questions asked the, in House of
Commons, 300.
Printing, prerogatives of Committee on, 71, 72; of unspoken speeches,
91.
"Private bill day," 73.
Protective policy of Committee of Ways and Means, 172-174.
Public life, conditions of, in U. S., 195 _et seq_.; in England, 214;
attractiveness of leadership in, 214.
Public opinion, not instructed by congressional debate, 101;
difficulties of, in understanding and controlling Congress, 186-189; not
led in U. S., 187; distrust of Congress by, 188; confusion of, with
regard to congressional policy, 280; instruction of, important duty of
representative assembly, 297 _et seq_.; information of, by inquisitive
public body, 300, 301; leaders of English, 322; paralysis of, in U. S.,
331.
Pulteney, 286, 287.
Randolph, John, 89; interview of, with Treasury officials, 162, 163.
"Reconstruction," reflected altered condition of balance between state
and federal govts., 32, 33.
"Record," Congressional, unspoken speeches in, 91; little read, 94.
Reform Bill of 1832 in England, 220.
Reichstag, consent of, necessary to policy in Germany, 59.
Reports, of Standing Committees, time given to, 72; backed by neither
party, 96; thoroughly considered in early Congresses, 106; of Committee
on Appropriations, privileges of, 153, 154; of Conference Committees,
extraordinary privilege of, 158; annual, of Treasury, referred to
Committee of Ways and Means, 170, 171; of Committee on Appropriations
preferred to reports of Committee of Ways and Means, 174.
Representative assemblies, duties and means of, in instructing public
opinion, 298 _et seq_.; supremacy of, in every system of
self-government, 311.
Representative government, government by advocacy, 208.
Representatives, House of, 58-192; position of Speaker in, 59, 103-108;
led by chairmen of Standing Committees, 60; multiplicity of leaders in,
61; rules of, restrain individual activity, 63; introduction of bills
in, 64; bills in, introduced on Mondays, 66; early course of bills in,
67, 68; daily course of business in, 73; press of time in business of,
74, 90; conditions of debate in, 75 _et seq_.; absence of instinct of
debate in, 79; best discussion impossible in, 86; hall of, 86, 87;
debate in, in former times, 89; compared with Roman assembly, 109;
concentration of federal power in, 110; suspension of rules of, to pass
bills, 111, 112; compared with British Commons, 116 _et seq_.; with
English and French chambers, 129; disintegrate character of, 210;
"latent unity" of, with Senate, 224.
Responsibility, of administrators, to representative chamber for
inefficiency, 274, 276, 277; of ministers Machiavelli on, 275;
scattering of, by federal constitutional system, 281; _with power_, 283,
284; of Executive, and civil service reform, 285 _et seq_.; history of
ministerial, in England, 286 _et seq_.
Resumption Act of 1875, 185.
Revenue, controlled by House Committee of Ways and Means and Senate
Committee on Finance, 169; policy of Committee of Ways and Means and of
English Chancellor of Exchequer, 171-175; subordinate to Supply in
Congress, 174, 175.
Revolution, English, of 1688, character of Parliament succeeding the,
313.
Revolution, French, 20, 43.
Rivers and Harbors, Committee on, 165; prerogatives of Committee on,
167; Committee on, and "log-rolling," 168.
Rockingham, Lord, 287.
Roman assembly and House of Representatives, 109.
Rosebery, Lord, on the Senate, 228.
Rules of House, restrict individual activity of members of House, 63;
support privileges of Standing Committees, 66, 71, 74; complexity of,
73, 74; principle of, 74; readopted biennially, 104; repress
independence and ability, 110; oligarchy of Committee on, 111;
suspension of, to pass bills, 111, 112.
St. Thomas, treaty with Denmark regarding island of, 50, 51.
Secession, character of contest over, 198, 199.
Senate, the, 193-241; overt character of contests of, with President,
48; efforts of, to control nominations, 49; usurpations of, and civil
service reform, 49; semi-executive powers of, in regard to foreign
policy, 49 _et seq_.; and treaty with Denmark, 50; and Alabama claims,
51; thoroughness of discussion in, 94; amendment of appropriation bills
by, 155, 156; usual estimates of, 193, 194; character and composition
of, 194, 195; conditions of public life, shaping character of, 195 _et
seq_.; a select House of Representatives, 210; contrasts of, with the
House, 211; organized like the House, 212; choice of Committees in, 212;
absence of leadership in, 213 _et seq_.; character of debate in, 216 _et
seq_.; equality of, with House of Representatives, 223; and House of
Representatives, "latent unity" between, 224; not a class chamber, 225;
limits democracy in Constitution, 226; dignity and remove from popular
heat of, 227; a real check upon the House, 228; liability of, to
biennial change in membership, 228, 229; "slow and steady" forms of,
230; share of, in control of executive departments, 231; and President,
no real consultation between, 232 _et seq_.; and President, means of
consultation between, 234; and nominations, 235, _et seq_.; "courtesy"
of, 238; irresponsible dictation of, to President, 238.
Sherman, Roger, 268.
Silver Bill, the Bland, 185.
Slavery, character of contest over, 198-202, _passim_.
Smith, Robt., Secretary of Treasury, 162.
Smythe, nominated Minister to St. Petersburg by Pres. Grant, 235.
Speaker, of House of Representatives, appoints leaders of House, 60;
prerogatives of, 103-108; appoints Standing Committees, 103; history of
appointing power of, 104; power of appointing of, renewed with Rules,
105; chosen by party vote, 107; personal character of, 107; use of power
by, in constituting and aiding Committees, 108; concentration of power
in hands of, 110, 111; of House of Commons, functions and character of,
122.
Stages of national political growth, before civil war, 200; since, 202.
"Star Route" trials, 178, n.
State and federal governments, balance between, _See_ 'Federal and state
governments.'
States, the, disadvantages of direct taxation to, 133.
Sumner, Chas., Chairman Senate Committee on Foreign Relations, 235.
Sumner, Prof. W. G., on task of legislator, 296.
Sunderland, Earl of, 314.
Supervision of elections by federal govt., 27.
Supply, Committee of, in House of Commons, 137-139; vital character of
votes of, in House of Commons, 139; Committee of, in House of
Representatives, 154; questions of, take precedence of questions of
revenue in Congress, 174.
Surpluses, 173, 174, 179.
Suspension of Rules, bills passed under a, in House, 111, 112.
Swiss Constitution and bicameral system, 221.
Tariff of 1833, character of contest over, 198.
Taxation, sensitiveness of people concerning, 131; direct and indirect,
132, 133; Mr. Gladstone on direct and indirect, 134; direct, by States,
indirect, by federal govt., 133.
Telegraph lines, constitutional interpretation in connection with, 30,
31.
Tenure of Office Act, 49, 277.
Terms of office, short, 255; of the Secretaries, 261, 264 _et seq_.
Tocqueville, De, on position of President, 266, n.
Townshend, Chas., 207, 208.
Treasury, accessibility of heads of British, in the Commons, 146, 147;
"Letter" from Secretary of, 149; annual reports of, referred to
Committee of Ways and Means, 170; character of annual reports of, 170,
171; Secretary of, duties of, 263; non-political character of functions
of Secretary of, 264.
"Tribune" of French Assembly, 127, 128.
Turgot, M., on bicameral system of U. S., 220.
Van Buren, Martin, 259.
Veto, power of, 52, 260.
Vice-President, the, 240, 241.
Victorian Parliament, two chambers of, 223.
Virginia, protest of, against Alien and Sedition Laws, 21.
Walpole, Sir Robt., 208, 286.
War, change wrought by the civil, in constitutional methods and in
constitutional criticism, 5 _et seq_.; the civil, a struggle between
nationality and principles of disintegration, 32; opened a new period of
public life in U. S., 195.
Washington, antagonisms in first Cabinet of, 2; influence of the
Executive under, 41, 246, 252, 259.