Part 6

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." 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.

It is evident why public debate is the very breath of life to such a system. The Ministry's tenure of office depends upon the success of the legislation they urge. If any of their proposals are negatived by parliament, they are bound to accept their defeat as an intimation that their administration is no longer acceptable to the party they represent, and are expected to resign, or to appeal, if they prefer, to the country for its verdict, by exercising their privilege of advising the sovereign to dissolve parliament and issue writs for a new election. It is, consequently, inevitable that the Ministry should be subjected to the most determined attacks and the keenest criticisms of the Opposition, and should be every day of the session put to the task of vindicating their course and establishing anew their claim to the confidence of their party. To shrink from discussion would be to confess weakness; to suffer themselves to be worsted in discussion would be seriously to imperil their power. They must look to it, therefore, not only that their policy be defensible, but that it be valiantly defended also.

As might be expected, then, the Ministry seldom find the task of leading the House an easy one. Their plans are kept under an unceasing fire of criticism from both sides of the House; for there are independent sharp-shooters behind the ministers as well as heavy batteries in front of them; and there are many amongst their professed followers who give aid and comfort to the enemy. There come ever and again showers of stinging questions, too, from friends and foes alike,--questions great and small, direct and indirect, pertinent and impertinent, concerning every detail of administration and every tendency of policy.

But, although the initiative in legislation and the general direction of the business of parliament are the undisputed prerogatives of "the government," as the Ministry is called, they have not, of course, all the time of the House at their disposal. During the session, certain days of each week are set apart for the introduction and debate of bills brought in by private members, who, at the opening of the session, draw lots to decide the precedence of their bills or motions on the orders of the day. If many draw, those who get last choice of time find the session near its end, and private members' days being absorbed by belated government measures, before their opportunity has come, and must content themselves with hoping for better fortune next year; but time is generally found for a very fair and full consideration of a large number of private members' bills, and no member is denied a chance to air his favorite opinions in the House or to try the patience of his fellow-members by annual repetitions of the same proposition. Private members generally find out by long experience, however, that they can exert a more telling influence upon legislation by pressing amendments to government schemes, and can effect more immediate and satisfactory results by keeping the Ministry constantly in mind of certain phases of public opinion, than they could hope to exert or effect by themselves introducing measures upon which their party might hesitate to unite. Living as he does under a system which makes it the minister's wisest policy to allow the utmost freedom of debate, each member can take as prominent a part in the proceedings of the House as his abilities give him title to take. If he have anything which is not merely frivolous to say, he will have repeated opportunities to say it; for the Commons cough down only the bores and the talkers for the sake of talk.

The House of Commons, as well as our House of Representatives, has its committees, even its standing committees, but they are of the old-fashioned sort which merely investigate and report, not of the new American type which originate and conduct legislation. Nor are they appointed by the Speaker. They are chosen with care by a "Committee of Selection" composed of members of both parties. The Speaker is kept carefully apart from politics in all his functions, acting as the impartial, judicial president of the body. "Dignity of presence, courtliness of manner, great physical endurance, courage and impartiality of judgment, a consummate tact, and familiarity, 'born of life-long experience,' with the written and unwritten laws of the House,"--such are the qualities of the ideal Speaker. When he takes the chair he turns his back on partisan alliances and serves both parties alike with even hand. Such are the traditions of the office that its occupant feels himself as strictly bound to unbiased judgment as is the chiefest judge of the realm; and it has become no uncommon thing for a Speaker of tried ability to preside during several successive Parliaments, whether the party to whose suffrages he originally owed his elevation remains in power or no. His political principles do not affect his fitness for judicial functions.

The Commons in session present an interesting picture. Constrained by their habits of debate to sit in quarters suitable for the purpose, they crowd together in a hall of somewhat cramped proportions. It seems a place fit for hand to hand combats. The cushioned benches on which the members sit rise in close series on either side of a wide central aisle which they face. At one end of this aisle is raised the Speaker's chair, below and in front of which, invading the spaces of the aisle, are the desks of the wigged and gowned clerks. On the front benches nearest the Speaker and to his right sit the cabinet ministers, the leaders of the Government; opposite, on the front benches to the Speaker's left, sit the leaders of the Opposition. Behind and to the right of the ministers gather the majority; behind and to the left of their leaders, the minority. Above the rear benches and over the outer aisles of the House, beyond "the bar," hang deep galleries from which the outside world may look down upon the eager contests of the two parties which thus sit face to face with only the aisle between them. From these galleries the fortunate listen to the words of leaders whose names fill the ear of the world.

The organization of the French Assembly is in the main similar to that of the British Commons. Its leaders are the executive officers of the government, and are chosen from the ranks of the legislative majority by the President of the Republic, much as English cabinets are chosen by English sovereigns. They too are responsible for their policy and the acts of their administration to the Chamber which they lead. They, like their British prototypes, are the executive committee of the legislative body, and upon its will their tenure of office depends.

It cannot be said, however, that the proceedings of the French Assembly very closely resemble those of the British Commons. In the hall of the Deputies there are no close benches which face each other, and no two homogeneous parties to strive for the mastery. There are parties and parties, factions and factions, coteries and coteries. There are Bonapartists and Legitimatists, Republicans and Clericals, stubborn reactionists and headlong radicals, stolid conservatives and vindictive destructionists. One hears of the Centre, the Right Centre and the Left Centre, the Right, the Left, the Extreme Right and the Extreme Left. Some of these are, of course, mere factions, mere groups of irreconcilables; but several of them are, on the other hand, numerous and powerful parties upon whose mutual attractions and repulsions depend the formation, the authority, and the duration of cabinets.

Of course, too, there is in a body so made up a great deal of combustible material which the slightest circumstance suffices to kindle into a sudden blaze. The Assembly would not be French if it were not always excitable and sometimes uproarious. Absolute turbulence is so probable a contingency in its economy that a very simple and quickly applicable device is provided for its remedy. Should the deputies lose their heads altogether and become unmanageable, the President may put on his hat, and by that sign, unless calm be immediately restored, the sitting is adjourned for one hour, at the expiration of which time it is to be expected that the members may resume the business of the day in a cooler frame of mind. There are other rules of procedure observed in the Chamber which seem to foreign eyes at first sight very novel; but which upon closer examination may be seen to differ from some of the practices of our own House of Representatives in form rather than in essence. In France greater freedom of speech is allowed individual members than is possible under committee government, but recognition is not given to just any one who first gets the floor and catches the presiding officer's eye, as it is in the House of Commons, where none but the ministers are accorded any right of precedence in gaining a hearing. Those who wish to speak upon any pending question "inscribe" their names beforehand on a list in the keeping of the President, and the discussion is usually confined to those members who have "inscribed." When this list has been exhausted, the President takes the sense of the Chamber as to whether the debate shall be closed. The Chamber need not wait, however, to hear all the gentlemen who have put their names upon the list. If une portion notable of it tires sooner of the discussion or thinks itself sufficiently informed before all who wish to inform it have spoken, it may demand that the debate be brought to an end. Of course such a demand will not be heeded if it come from only a few isolated members, and even une portion notable may not interrupt a speaker with this peremptory call for what we should denominate the previous question, but which the French parliamentarian knows as the cloture. A demand for the cloture is not debatable. One speech may be made against it, but none in its favor. Unless it meet with very powerful resistance, it is expected to go through of its own weight. Even the cloture, however, must give way if a member of the Ministry claims the right to speak; for a minister must always be heard, and after he has spoken, moreover, there must always be allowed one speech in reply. Neither can the cloture be pronounced unless a majority of the deputies are present; and in case of doubt as to the will of the Chamber in the matter, after two votes have been taken without eliciting a full-voiced and indubitable assent, the discussion is tacitly suffered to proceed.

These rules are not quite so compulsive and inexorable as are those which sustain the government of our Standing Committees, nor do they seem quite imperative enough for the effectual governance of rampant deputies in their moments of wildest excitement; but they are somewhat more rigid than one would expect to find under a system of ministerial responsibility, the purity of whose atmosphere depends so directly upon a free circulation of debate. They are meant for a body of peculiar habits and a fiery temperament,--a body which is often brought screaming to its feet by the words of a passionate speaker, which is time and again betrayed into stormy disquiet, and which is ever being blown about by every passing wind of excitement. Even in its minor points of observance, the Chamber is essentially un-English. Members do not speak from their seats, as we are accustomed to see members of our public assemblies do, but from the "tribune," which is a conspicuous structure erected near the desks of the President and secretaries,--a box-like stand, closely resembling those narrow, quaintly-fashioned pulpits which are still to be seen in some of the oldest of our American churches. And since deputies must gain its commanding top before they may speak, there are said to be many exciting races for this place of vantage. Sometimes, indeed, very unseemly scenes take place, when several deputies, all equally eager to mount the coveted stand, reach its narrow steps at the same moment and contest the privilege of precedence,--especially if their friends rally in numbers to their assistance.

The British House of Commons and the French Chamber, though so unlike in the elements which compose them, and so dissimilar in their modes of procedure, are easily seen to be alike in constitutional significance, being made close kin by the principle of cabinet government, which they both recognize and both apply in its fullest efficacy. In both England and France a ministry composed of the chief officers of the executive departments are constituted at once the leaders of legislation and the responsible heads of administration,--a binding link between the legislative and executive branches of the government. In this regard these two systems present a strong contrast to our own. They recognize and support simple, straightforward, inartificial party government, under a standing committee of responsible party leaders, bringing legislature and executive side by side in intimate but open cooperation; whilst we, preferring to keep Congress and the departments at arm's length, permit only a less direct government by party majorities, checking party action by a complex legislative machinery of two score and eight composite, semi-ministerial Committees. The English take their parties straight,--we take ours mixed.

There is another aspect, however, in which all three of these systems are alike. They are alike in their essential purpose, which is to enable a mass meeting of representatives to superintend administration and get good laws made. Congress does not deal so directly with our executive as do the French and English parliaments with theirs, and cannot, therefore, control it quite so effectually; there is a great deal of friction amongst the many wheels of committee government; but, in the long run, Congress is quite as omnipotent as either the Chamber of Deputies or the House of Commons; and, whether there be two score committees with functions mainly legislative, or only one with functions half legislative, half executive, we have one form or another of something like Mr. Mill's "legislative commission."

III.

THE HOUSE OF REPRESENTATIVES.

REVENUE AND SUPPLY.

The highest works of statesmanship require these three things: Great power in the minister, genius to counsel and support him, enlightenment in parliament to weigh and decide upon his plans.--PROFESSOR SEELEY.

When men are not acquainted with each other's principles, nor experienced in each other's talents, nor at all practiced in their mutual habitudes and dispositions by joint efforts of business; no personal confidence, no friendship, no common interest subsisting among them; it is evidently impossible that they can act a public part with uniformity, perseverance, or efficacy.--BURKE.

"It requires," says Mr. Bagehot, "a great deal of time to have opinions," and if one is to judge from the legislative experience of some very enlightened nations, it requires more time to have opinions about finance than about any other subject. At any rate, very few nations have found time to have correct opinions about it. Governments which never consult the governed are usually content with very shabby, short-sighted methods of taxation,--with any methods, indeed, which can be made to yield the desired revenues without much trouble; and the agents of a self-governing people are quite sure to be too busy with elections and party management to have leisure to improve much upon the practices of autocrats in regard to this important care of administration. And yet this subject of finance seems to be interesting enough in a way. It is one of the commonplaces of our history that, ever since long before we came westward across the ocean, we have been readier to fight about taxation than about any other one thing,--than about a good many other things put together, indeed. There are several sadly bloody spots in the financial history of our race. It could probably be shown, however, if one cared to take time to show it, that it is easy to get vexed about mismanagement of the finances without knowing how they might be better managed. What we do not like is that we are taxed,--not that we are stupidly taxed. We do not need to be political economists to get angry about it; and when we have gotten angry about it in the past our rulers have not troubled themselves to study political economy in order to find out the best means of appeasing us. Generally they have simply shifted the burden from the shoulders of those who complained, and were able to make things unpleasant, to the shoulders of those who might complain, but could not give much trouble.

Of course there are some taxes which are much more hateful than others, and have on that account to be laid more circumspectly. All direct taxes are heartily disliked by every one who has to pay them, and as heartily abused, except by those who have never owned an ounce or an inch of property, and have never seen a tax-bill. The heart of the ordinary citizen regards them with an inborn aversion. They are so straightforward and peremptory in their demands. They soften their exactions with not a grain of consideration. The tax-collector, consequently, is never esteemed a lovable man. His methods are too blunt, and his powers too obnoxious. He comes to us, not with a "please," but with a "must." His requisitions always leave our pockets lighter and our hearts heavier. We cannot, for the life of us, help thinking, as we fold up his receipt and put it away, that government is much too expensive a luxury as nowadays conducted, and that that receipt is incontestable documentary proof of unendurable extortion. What we do not realize is, that life would be robbed of one of its chief satisfactions if this occasion of grumbling were to be taken away.

Indirect taxes, on the other hand, offend scarcely anybody. It is one of the open secrets of finance that in almost every system of taxation the indirect overcrow the direct taxes by many millions, and have a knack for levying on the small resources of insignificant persons which direct taxes have never learned. They know how to coax pennies out of poor people whose names have never been on the tax-collector's books. But they are very sly, and have at command a thousand successful disguises. High or complicated tariffs afford them their most frequent and abundant opportunities. Most people have very short thoughts, which do not extend beyond the immediate phenomena of direct vision, and so do not recognize the hand of the government in the high prices charged them in the shops. Very few of us taste the tariff in our sugar; and I suppose that even very thoughtful topers do not perceive the license-tax in their whiskey. There is little wonder that financiers have always been nervous in dealing with direct, but confident and free of hand in laying indirect, taxes.