Part 8

The greatest increase in appropriations of this class took place just after 1870. Since that date they have occupied a very prominent place in legislation, running from some twelve millions in the session of 1873-4 up and down through various figures to eighteen millions seven hundred thousand in the session of 1882-3, constituting during that decade the chief business of the Committee on Commerce, and finally having a special Standing Committee erected for their superintendence. They have thus culminated with the culmination of the protective tariff, and the so-called "American system" of protective tariffs and internal improvements has thus at last attained to its perfect work. The same prerogatives are accorded this new appropriations committee which have been secured to the greater Committee which deals with the estimates. Its reports may be made at any time when a member is not speaking, and stand in all respects upon the same footing as the bills proposing the annual grants. It is a special spending committee, with its own key to the Treasury.

But the Appropriation Committees of the two Houses, though, strictly speaking, the only committees of supply, have their work increased and supplemented by the numerous Committees which devote time and energy to creating demands upon the Treasury. There is a pension list in the estimates for whose payment the Committee on Appropriations has to provide every year; but the Committee on Pensions is constantly manufacturing new claims upon the public revenues. There must be money forthcoming to build the new ships called for by the report of the Committee on Naval Affairs, and to meet the charges for the army equipment and reforms recommended by the Committee on Military Affairs. There are innumerable fingers in the budget pie.

It is principally in connection with appropriations that what has come to be known in our political slang as "log-rolling" takes place. Of course the chief scene of this sport is the private room of the Committee on Rivers and Harbors, and the season of its highest excitement, the hours spent in the passage of the River and Harbor Bill. "Log-rolling" is an exchange of favors. Representative A. is very anxious to secure a grant for the clearing of a small water-course in his district, and representative B. is equally solicitous about his plans for bringing money into the hands of the contractors of his own constituency, whilst representative C. comes from a sea-port town whose modest harbor is neglected because of the treacherous bar across its mouth, and representative D. has been blamed for not bestirring himself more in the interest of schemes of improvement afoot amongst the enterprising citizens of his native place; so it is perfectly feasible for these gentlemen to put their heads together and confirm a mutual understanding; that each will vote in Committee of the Whole for the grants desired by the others, in consideration of the promise that they will cry "aye" when his item comes on to be considered. It is not out of the question to gain the favoring ear of the reporting Committee, and a great deal of tinkering can be done with the bill after it has come into the hands of the House. Lobbying and log-rolling go hand in hand.

So much for estimates and appropriations. All questions of revenue are in their first stages in the hands of the House Committee of Ways and Means, and in their last, in charge of the Senate Committee on Finance. The name of the House Committee is evidently borrowed from the language of the British Parliament; the English Committee of Ways and Means is, however, the Commons itself sitting in Committee of the Whole to consider the statement and proposals of the Chancellor of the Exchequer, whilst ours is a Standing Committee of the House composed of eleven members, and charged with the preparation of all legislation relating to the raising of the revenue and to providing ways and means for the support of the government. We have, in English parliamentary phrase, put our Chancellorship of the Exchequer into commission. The chairman of the Committee figures as our minister of finance, but he really, of course, only represents the commission of eleven over which he presides.

All reports of the Treasury department are referred to this Committee of Ways and Means, which also, like the Committee on Appropriations, from time to time holds other more direct communications with the officers of revenue bureaux. The annual reports of the Secretary of the Treasury are generally quite full of minute information upon the points most immediately connected with the proper duties of the Committee. They are explicit with regard to the collection and disbursement of the revenues, with regard to the condition of the public debt, and with regard to the operation of all laws governing the financial policy of the departments. They are, in one aspect, the great yearly balance sheets, exhibiting the receipts and expenditures of the government, its liabilities and its credits; and, in another aspect, general views of the state of industry and of the financial machinery of the country, summarizing the information compiled by the bureau of statistics with reference to the condition of the manufactures and of domestic trade, as well as with regard to the plight of the currency and of the national banks. They are, of course, quite distinct from the "Letters" of the Secretary of the Treasury, which contain the estimates, and go, not to the Committee of Ways and Means, but to the Committee on Appropriations.

Though the duties of the Committee of Ways and Means in supervising the management of the revenues of the country are quite closely analogous to those of the British Chancellor of the Exchequer, the lines of policy in which they walk are very widely separated from those which he feels bound to follow. As I have said, the object which he holds constantly in view is to keep the annual balances as nearly as possible at an equilibrium. He plans to raise only just enough revenue to satisfy the grants made in Committee of Supply, and leave a modest surplus to cover possible errors in the estimates and probable fluctuations in the returns from taxation. Our Committee of Ways and Means, on the other hand, follow a very different policy. The revenues which they control are raised for a double object. They represent not only the income of the government, but also a carefully erected commercial policy to which the income of the government has for many years been incidental. They are intended to foster the manufactures of the country as well as to defray the expenses of federal administration. Were the maintenance of the government and the support of the public credit the chief objects of our national policy of taxation, it would undoubtedly be cast in a very different pattern. During a greater part of the lifetime of the present government, the principal feature of that policy has been a complex system of duties on imports, troublesome and expensive of collection, but nevertheless yielding, together with the license taxes of the internal revenue which later years have seen added to it, immense surpluses which no extravagances of the spending committees could exhaust. Duties few, small, and comparatively inexpensive of collection would afford abundant revenues for the efficient conduct of the government, besides comporting much more evidently with economy in financial administration. Of course, if vast revenues pour in over the barriers of an exacting and exorbitant tariff, amply sufficient revenues would flow in through the easy conduits of moderate and simple duties. The object of our financial policy, however, has not been to equalize receipts and expenditures, but to foster the industries of the country. The Committee of Ways and Means, therefore, do not concern themselves directly with regulating the income of the government--they know that that, in every probable event, will be more than sufficient--but with protecting the interests of the manufacturers as affected by the regulation of the tariff. The resources of the government are made incidental to the industrial investments of private citizens.

This evidently constitutes a very capital difference between the functions of the Chancellor of the Exchequer and those of our Committee of Ways and Means. In the policy of the former the support of the government is everything; with the latter the care of the industries of the country is the beginning and the end of duty. In the eyes of parliament enormous balances represent ignorant or improper management on the part of the ministers, and a succession of them is sure to cast a cabinet from office, to the lasting disgrace of the Chancellor of the Exchequer; but to the mind of Congress vast surpluses are indicative of nothing in particular. They indicate of course abundant returns from the duties, but the chief concern is, not whether the duties are fruitful, but whether they render the trades prosperous. Commercial interests are the essential consideration; excess of income is a matter of comparative indifference. The points of view characteristic of the two systems are thus quite opposite: the Committee of Ways and Means subordinates its housekeeping duties to its much wider extra-governmental business; the Chancellor of the Exchequer subordinates everything to economical administration.

This is evidently the meaning of the easy sovereignty, in the practice of the House, of questions of supply over questions of revenue. It is imperative to grant money for the support of the government, but questions of revenue revision may be postponed without inconvenience. The two things do not necessarily go hand in hand, as they do in the Commons. The reports of the Committee of Ways and Means are matters of quite as high privilege as the reports of the Committee on Appropriations, but they by no means stand an equal chance of gaining the consideration of the House and reaching a passage. They have no inseparable connection with the annual grants; the needed supplies will be forthcoming without any readjustments of taxation to meet the anticipated demands, because the taxes are not laid in the first instance with reference to the expenses which are to be paid out of their proceeds. If it were the function of the Committee of Ways and Means, as it is of the Chancellor of the Exchequer, to adjust the revenue to the expenditures, their reports would be as essential a part of the business of each session as are the reports of the Committee on Appropriations; but their proposals, occupying, as they do, a very different place in legislation, may go to the wall just as the proposals of the other Committees do at the demand of the chairman of the great spending Committee. The figures of the annual grants do not run near enough to the sum of the annual receipts to make them at all dependent on bills which concern the latter.

It would seem that the supervision exercised by Congress over expenditures is more thorough than that which is exercised by the Commons in England. In 1814 the House created a Standing Committee on Public Expenditures whose duty it should be "to examine into the state of the several public departments, and particularly into laws making appropriations of money, and to report whether the moneys have been disbursed conformably with such laws; and also to report from time to time such provisions and arrangements as may be necessary to add to the economy of the departments and the accountability of their officers;" but this Committee stood as the only committee of audit for but two years. It was not then abolished, but its jurisdiction was divided amongst six other Committees on Expenditures in the several departments, to which was added in 1860 a seventh, and in 1874 an eighth. There is thus a separate Committee for the audit of the accounts of each of the executive departments, beside which the original single Committee on Public Expenditures stands charged with such duties as may have been left it in the general distribution. The duties of these eight Committees are specified with great minuteness in the rules. They are "to examine into the state of the accounts and expenditures respectively submitted to them, and to inquire and report particularly," whether the expenditures of the respective departments are warranted by law; "whether the claims from time to time satisfied and discharged by the respective departments are supported by sufficient vouchers, establishing their justness both as to their character and amount; whether such claims have been discharged out of funds appropriated therefor, and whether all moneys have been disbursed in conformity with appropriation laws; and whether any, or what, provisions are necessary to be adopted, to provide more perfectly for the proper application of the public moneys, and to secure the government from demands unjust in their character or extravagant in their amount." Besides exercising these functions of careful audit, they are, moreover, required to "report from time to time" any plans for retrenchment that may appear advisable in the interests of economy, or any measures that may be necessary to secure greater efficiency or to insure stricter accountability to Congress in the management of the departments; to ferret out all abuses that may make their appearance; and to see to it that no department has useless offices in its bureaux, or over or under-paid officers on its rolls.

But, though these Committees are so many and so completely armed with powers, indications are not wanting that more abuses run at large in the departments than they, with all their eyes, are able to detect. The Senate, though it has no similar permanent committees, has sometimes discovered dishonest dealings that had altogether escaped the vigilance of the eight House Committees; and even these eight occasionally, by a special effort, bring to light transactions which would never have been unearthed in the ordinary routine course of their usual procedure. It was a select committee of the Senate which, during the sessions of the Forty-seventh Congress, discovered that the "contingent fund" of the Treasury department had been spent in repairs on the Secretary's private residence, for expensive suppers spread before the Secretary's political friends, for lemonade for the delectation of the Secretary's private palate, for bouquets for the gratification of the Secretary's busiest allies, for carpets never delivered, "ice" never used, and services never rendered; although these were secrets of which the honest faces of the vouchers submitted with the accounts gave not a hint.

It is hard to see how there could have been anything satisfactory or conclusive in the annual supervision of the public accounts during any but the latest years of this system of committee audit. Before 1870 our national book-keeping was much like that still in vogue in France. Credits once granted ran on without period until they were exhausted. There were always unexpended balances to confuse the accounts; and when the figures of the original grants had been on a too generous scale, as was often the case, these balances accumulated from year to year in immense surpluses, sometimes of many millions, of whose use no account was given, and which consequently afforded means for all sorts of extravagance and peculation. In 1870 this abuse was partially corrected by a law which limited such accumulations to a period of two years, and laid hands, on behalf of the Treasury, on the $174,000,000 of unexpended balances which had by that time been amassed in the several departments; but it was not till 1874 that such a rule of expenditure and accounting was established as would make intelligent audit by the Committees possible, by a proper circumscription of the time during which credits could be drawn upon without a regrant.

Such is a general view, in brief and without technical detail, of the chief features of our financial system, of the dealings of Congress with the questions of revenue, expenditure, and supply. The contrast which this system offers to the old-world systems, of which the British is the most advanced type, is obviously a very striking one. The one is the very opposite of the others. On the one hand is a financial policy regulated by a compact, cooperative ministry under the direction of a representative chamber, and on the other hand a financial policy directed by the representative body itself, with only clerical aid from the executive. In our practice, in other words, the Committees are the ministers, and the titular ministers only confidential clerks. There is no concurrence, not even a nominal alliance, between the several sections of this committee-ministry, though their several duties are clearly very nearly akin and as clearly mutually dependent. This feature of disintegration in leadership runs, as I have already pointed out, through all our legislation; but it is manifestly of much more serious consequence in financial administration than in the direction of other concerns of government. There can be no doubt that, if it were not for the fact that our revenues are not regulated with any immediate reference to the expenditures of the government, this method of spending according to the suggestions of one body, and taxing in obedience to the suggestions of another entirely distinct, would very quickly bring us into distress; it would unquestionably break down under any attempt to treat revenue and expenditure as mutually adjustable parts of a single, uniform, self-consistent system. They can be so treated only when they are under the management of a single body; only when all financial arrangements are based upon schemes prepared by a few men of trained minds and accordant principles, who can act with easy agreement and with perfect confidence in each other. When taxation is regarded only as a source of revenue and the chief object of financial management is the graduation of outlays by income, the credit and debit sides of the account must come under a single eye to be properly balanced; or, at the least, those officers who raise the money must see and be guided by the books of those who spend it.

It cannot, therefore, be reasonably regarded as matter of surprise that our financial policy has been without consistency or coherency, without progressive continuity. The only evidences of design to be discovered in it appear in those few elementary features which were impressed upon it in the first days of the government, when Congress depended upon such men as Hamilton and Gallatin for guidance in putting the finances into shape. As far as it has any invariable characteristics, or any traceable heredity, it is the handiwork of the sagacious men who first presided over the Treasury department. Since it has been altogether in the hands of congressional Committees it has so waywardly shifted from one role to another, and has with such erratic facility changed its principles of action and its modes of speech, to suit the temper and tastes of the times, that one who studies it hardly becomes acquainted with it in one decade before he finds that that was a season quite apart from and unlike both those which went before and those which succeeded. At almost every session Congress has made some effort, more or less determined, towards changing the revenue system in some essential portion; and that system has never escaped radical alteration for ten years together. Had revenue been graduated by the comparatively steady standard of the expenditures, it must have been kept stable and calculable; but depending, as it has done, on a much-debated and constantly fluctuating industrial policy, it has been regulated in accordance with a scheme which has passed through as many phases as there have been vicissitudes and vagaries in the fortunes of commerce and the tactics of parties.

This is the more remarkable because upon all fiscal questions Congress acts with considerable deliberation and care. Financial legislation usually, if not always, occupies by far the most prominent place in the business of each session. Though other questions are often disposed of at odd moments, in haste and without thought, questions of revenue and supply are always given full measure of debate. The House of Representatives, under authority of the Rule before referred to, which enables it, as it were, to project the previous question into Committee of the Whole, by providing for the discharge of that Committee from the further consideration of any bill that is in its hands, or that may be about to be referred to it, after all amendments "pending and that may be offered" shall have been acted upon without debate, seldom hesitates, when any ordinary business is to be considered, to forbid to the proceedings of Committee of the Whole all freedom of discussion, and, consequently, almost all discretion as to the action to be taken; but this muzzle is seldom put upon the mouth of the Committee when appropriation or tariff bills are to be considered, unless the discussion in Committee wanders off into fields, quite apart from the proper matter of the measure in hand, in which case the House interposes to check the irrelevant talk. Appropriation bills have, however, as I have shown, a much higher privilege than have bills affecting the tariff, and instances are not wanting in which the chairman of the Committee on Appropriations has managed to engross the time of the House in the disposal of measures prepared by his Committee, to the entire exclusion of any action whatever on important bills reported by the Committee of Ways and Means after the most careful and laborious deliberation. His prerogatives are never disputed in such a contest for consideration between a supply and a revenue bill, because these two subjects do not, under our system, necessarily go hand in hand. Ways and Means bills may and should be acted upon, but Supply bills must be.

It should be remarked in this connection, moreover, that much as Congress talks about fiscal questions, whenever permitted to do so by the selfish Appropriations Committee, its talk is very little heeded by the big world outside its halls. The noteworthy fact, to which I have already called attention, that even the most thorough debates in Congress fail to awaken any genuine or active interest in the minds of the people, has had its most striking illustrations in the course of our financial legislation; for, though the discussions which have taken place in Congress upon financial questions have been so frequent, so protracted, and so thorough, engrossing so large a part of the time of the House on their every recurrence, they seem, in almost every instance, to have made scarcely any impression at all upon the public mind. The Coinage Act of 1873, by which silver was demonetized, had been before the country many years, ere it reached adoption, having been time and again considered by Committees of Congress, time and again printed and discussed in one shape or another, and having finally gained acceptance apparently by sheer persistence and importunity. The Resumption Act of 1875, too, had had a like career of repeated considerations by Committees, repeated printings, and a full discussion by Congress; and yet when the "Bland Silver Bill" of 1878 was on its way through the mills of legislation, some of the most prominent newspapers of the country declared with confidence that the Resumption Act had been passed inconsiderately and in haste, almost secretly indeed; and several members of Congress had previously complained that the demonetization scheme of 1873 had been pushed surreptitiously through the courses of its passage, Congress having been tricked into accepting it, doing it scarcely knew what.

This indifference of the country to what is said in Congress, pointing, as it obviously does, to the fact that, though the Committees lead in legislation, they lead without concert or responsibility, and lead nobody in particular, that is, no compact and organized party force which can be made accountable for its policy, has also a further significance with regard to the opportunities and capacities of the constituencies. The doubt and confusion of thought which must necessarily exist in the minds of the vast majority of voters as to the best way of exerting their will in influencing the action of an assembly whose organization is so complex, whose acts are apparently so haphazard, and in which responsibility is spread so thin, throws constituencies into the hands of local politicians who are more visible and tangible than are the leaders of Congress, and generates, the while, a profound distrust of Congress as a body whose actions cannot be reckoned beforehand by any standard of promises made at elections or any programmes announced by conventions. Constituencies can watch and understand a few banded leaders who display plain purposes and act upon them with promptness; but they cannot watch or understand forty odd Standing Committees, each of which goes its own way in doing what it can without any special regard to the pledges of either of the parties from which its membership is drawn. In short, we lack in our political life the conditions most essential for the formation of an active and effective public opinion. "The characteristics of a nation capable of public opinion," says Mr. Bagehot, most sagacious of political critics, "is that ... parties will be organized; in each there will be a leader, in each there will be some looked up to, and many who look up to them; the opinion of the party will be formed and suggested by the few, it will be criticised and accepted by the many." And this is just the sort of party organization which we have not. Our parties have titular leaders at the polls in the persons of candidates, and nominal creeds in the resolutions of conventions, but no select few in whom to trust for guidance in the general policy of legislation, or to whom to look for suggestions of opinion. What man, what group of men, can speak for the Republican party or for the Democratic party? When our most conspicuous and influential politicians say anything about future legislation, no one supposes that they are speaking for their party, as those who have authority; they are known to speak only for themselves and their small immediate following of colleagues and friends.

The present relations between Congress and public opinion remind us of that time, in the reign of George III., when "the bulk of the English people found itself powerless to control the course of English government," when the government was divorced from "that general mass of national sentiment on which a government can alone safely ground itself." Then it was that English public opinion, "robbed as it was of all practical power, and thus stripped of the feeling of responsibility which the consciousness of power carries with it," "became ignorant and indifferent to the general progress of the age, but at the same time ... hostile to Government because it was Government, disloyal to the Crown, averse from Parliament. For the first and last time ... Parliament was unpopular, and its opponents secure of popularity." Congress has in our own day become divorced from the "general mass of national sentiment," simply because there is no means by which the movements of that national sentiment can readily be registered in legislation. Going about as it does to please all sorts of Committees composed of all sorts of men,--the dull and the acute, the able and the cunning, the honest and the careless,--Congress evades judgment by avoiding all coherency of plan in its action. The constituencies can hardly tell whether the works of any particular Congress have been good or bad; at the opening of its sessions there was no determinate policy to look forward to, and at their close no accomplished plans to look back upon. During its brief lifetime both parties may have vacillated and gone astray, policies may have shifted and wandered, and untold mischief, together with some good, may have been done; but when all is reviewed, it is next to impossible oftentimes to distribute justly the blame and the praise. A few stubborn committee-men may be at the bottom of much of the harm that has been wrought, but they do not represent their party, and it cannot be clear to the voter how his ballot is to change the habits of Congress for the better. He distrusts Congress because he feels that he cannot control it.

The voter, moreover, feels that his want of confidence in Congress is justified by what he hears of the power of corrupt lobbyists to turn legislation to their own uses. He hears of enormous subsidies begged and obtained; of pensions procured on commission by professional pension solicitors; of appropriations made in the interest of dishonest contractors; and he is not altogether unwarranted in the conclusion that these are evils inherent in the very nature of Congress, for there can be no doubt that the power of the lobbyist consists in great part, if not altogether, in the facility afforded him by the Committee system. He must, in the natural course of things, have many most favorable opportunities for approaching the great money-dispensing Committees. It would be impracticable to work up his schemes in the broad field of the whole House, but in the membership of a Committee he finds manageable numbers. If he can gain the ear of the Committee, or of any influential portion of it, he has practically gained the ear of the House itself; if his plans once get footing in a committee report, they may escape criticism altogether, and it will, in any case, be very difficult to dislodge them. This accessibility of the Committees by outsiders gives to illegitimate influences easy approach at all points of legislation, but no Committees are affected by it so often or so unfortunately as are the Committees which control the public moneys. They are naturally the ones whose favor is oftenest and most importunately, as well as most insidiously, sought; and no description of our system of revenue, appropriation, and supply would be complete without mention of the manufacturers who cultivate the favor of the Committee of Ways and Means, of the interested persons who walk attendance upon the Committee on Rivers and Harbors, and of the mail-contractors and subsidy-seekers who court the Committee on Appropriations.

My last point of critical comment upon our system of financial administration I shall borrow from a perspicacious critic of congressional methods who recently wrote thus to one of the best of American journals: "So long as the debit side of the national account is managed by one set of men, and the credit side by another set, both sets working separately and in secret, without any public responsibility, and without any intervention on the part of the executive official who is nominally responsible; so long as these sets, being composed largely of new men every two years, give no attention to business except when Congress is in session, and thus spend in preparing plans the whole time which ought to be spent in public discussion of plans already matured, so that an immense budget is rushed through without discussion in a week or ten days,--just so long the finances will go from bad to worse, no matter by what name you call the party in power. No other nation on earth attempts such a thing, or could attempt it without soon coming to grief, our salvation thus far consisting in an enormous income, with practically no drain for military expenditure." Unquestionably this strikes a very vital point of criticism. Congress spends its time working, in sections, at preparing plans, instead of confining itself to what is for a numerous assembly manifestly the much more useful and proper function of debating and revising plans prepared beforehand for its consideration by a commission of skilled men, old in political practice and in legislative habit, whose official life is apart from its own, though dependent upon its will. Here, in other words, is another finger pointing to Mr. Mill's question as to the best "legislative commission." Our Committees fall short of being the best form of commission, not only in being too numerous but also in being integral parts of the body which they lead, having no life apart from it. Probably the best working commission would be one which should make plans for government independently of the representative body, and in immediate contact with the practical affairs of administration, but which should in all cases look to that body for the sanctioning of those plans, and should be immediately responsible to it for their success when put into operation.

IV.

THE SENATE.

This is a Senate, a Senate of equals, of men of individual honor and personal character, and of absolute independence. We know no masters, we acknowledge no dictators. This is a hall for mutual consultation and discussion, not an arena for the exhibition of champions.--DANIEL WEBSTER.

The Senate of the United States has been both extravagantly praised and unreasonably disparaged, according to the predisposition and temper of its various critics. In the eyes of some it has a stateliness of character, an eminency of prerogative, and, for the most part, a wisdom of practice such as no other deliberative body possesses; whilst in the estimation of others it is now, whatever it may have been formerly, but a somewhat select company of leisurely "bosses," in whose companionship the few men of character and high purpose who gain admission to its membership find little that is encouraging and nothing that is congenial. Now of course neither of these extreme opinions so much as resembles the uncolored truth, nor can that truth be obtained by a judicious mixture of their milder ingredients. The truth is, in this case as in so many others, something quite commonplace and practical. The Senate is just what the mode of its election and the conditions of public life in this country make it. Its members are chosen from the ranks of active politicians, in accordance with a law of natural selection to which the state legislatures are commonly obedient; and it is probable that it contains, consequently, the best men that our system calls into politics. If these best men are not good, it is because our system of government fails to attract better men by its prizes, not because the country affords or could afford no finer material.

It has been usual to suppose that the Senate was just what the Constitution intended it to be; that because its place in the federal system was exalted the aims and character of its members would naturally be found to be exalted as well; that because its term was long its foresight would be long also; or that because its election was not directly of the people demagogy would find no life possible in its halls. But the Senate is in fact, of course, nothing more than a part, though a considerable part, of the public service, and if the general conditions of that service be such as to starve statesmen and foster demagogues, the Senate itself will be full of the latter kind, simply because there are no others available. There cannot be a separate breed of public men reared specially for the Senate. It must be recruited from the lower branches of the representative system, of which it is only the topmost part. No stream can be purer than its sources. The Senate can have in it no better men than the best men of the House of Representatives; and if the House of Representatives attract to itself only inferior talent, the Senate must put up with the same sort. I think it safe to say, therefore, that, though it may not be as good as could be wished, the Senate is as good as it can be under the circumstances. It contains the most perfect product of our politics, whatever that product may be.

In order to understand and appreciate the Senate, therefore, one must know the conditions of public life in this country. What are those conditions? Well, in the first place, they are not what they were in the early years of the federal government; they are not what they were even twenty years ago; for in this, as in other things, the war between the States ends one distinct period and opens another. Between the great constructive statesmen of the revolutionary days and the reconstructing politicians of the sixties there came into public place and legislative influence a great race of constitutional lawyers. The questions which faced our statesmen while the Constitution was a-making were in the broadest sense questions of politics; but the questions which dominated our public life after the federal government had been successfully set up were questions of legal interpretation such as only lawyers could grapple with. All matters of policy, all doubts of legislation, even all difficulties of diplomacy, were measured by rules of constitutional construction. There was hardly a single affair of public concern which was not hung upon some peg of constitutional dogma in the testing-rooms of one or another of the contending schools of constitutional interpretation. Constitutional issues were ever the tides, questions of administrative policy seldom more than the eddies, of politics.

The Republicans under Jefferson drew their nourishment from constitutional belief no less than did the Federalists; the Whigs and Democrats of a later day lived on what was essentially the same diet, though it was served in slightly different forms; and the parties of to-day are themselves fain to go to these cooks of the olden time whenever they desire strong meat to fortify them against their present debility. The great questions attending the admission of new States to the Union and the annexation of foreign territory, as well as all the controversies which came in the train of the contest over slavery and the reserved powers of the States, were of the Constitution constitutional; and what other questions were then living--save those which found root in the great charter's implied powers, about which there was such constant noise of debate? It will be remembered that very few publicists opposed internal improvements, for instance, on the ground that they were unwise or uncalled for. No one who took a statesman-like view of the matter could fail to see that the opening up of the great water-ways of the country, the construction of roads, the cutting of canals, or any public work which might facilitate inter-State commerce by making intercourse between the various portions of the Union easy and rapid, was sanctioned by every consideration of wisdom, as being in conformity with a policy at once national in its spirit and universal in its benefits. The doubt was, not as to what it would be best and most provident to do, but as to what it would be lawful to do; and the chief opponents of schemes of internal improvement based their dissent upon a careful meditation of the language of the Constitution. Without its plain approval they would not move, even if they had to stand still all their days.

It was, too, with many professions of this spirit that the tariff was dealt with. It ran suddenly to the front as a militant party question in 1833, not as if a great free-trade movement had been set afoot which was to anticipate the mission of Cobden and Bright, but as an issue between federal taxation and the constitutional privileges of the States. The agricultural States were being, as they thought, very cruelly trodden down under the iron heel of that protectionist policy to whose enthronement they had themselves consented, and they fetched their hope of escape from the Constitution. The federal government unquestionably possessed, they admitted, and that by direct grant of the fundamental law, the right to impose duties on imports; but did that right carry with it the privilege of laying discriminating duties for other purposes than that of raising legitimate revenue? Could the Constitution have meant that South Carolina might be taxed to maintain the manufactures of New England?

Close upon the heels of the great tariff controversy of that time came the stupendous contest over the right of secession and the abolition of slavery; and again in this contest, as in all that had gone before, the party which was being hard driven sought refuge in the Constitution. This too was, in its first stages at least, a lawyer's question. It eventually slipped out of all lawyerly control, and was given over to be settled by the stern and savage processes of war; but it stayed with the constitutional lawyers as long as it could, and would have stayed with them to the end had it not itself been bigger than the Constitution and mixed with such interests and such passions as were beyond the control of legislatures or of law courts.