Congressional Government Part 5

In a word, we have no supreme executive ministry, like the great "Ministry of the Crown" over sea, in whose hands is the general management of legislation; and we have, consequently, no great prizes of leadership such as are calculated to stimulate men of strong talents to great and conspicuous public services. The Committee system is, as I have already pointed out, the very opposite of this. It makes all the prizes of leadership small, and nowhere gathers power into a few hands.

It cannot be denied that this is in ordinary times, and in the absence of stirring themes, a great drawback, inasmuch as it makes legislative service unattractive to minds of the highest order, to whom the offer of really great place and power at the head of the governing a.s.sembly, the supreme council of the nation, would be of all things most attractive.

If the presidency were compet.i.tive,--if it could be won by distinguished congressional service,--who can doubt that there would be a notable influx of talents into Congress and a significant elevation of tone and betterment of method in its proceedings; and yet the presidency is very far from being equal to a first-rate premiership.

There is, I know, one distinctive feature of legislative leadership which makes it seem to some not altogether to be desired; though it scarcely const.i.tutes such an objection as to make no leadership at all seem preferable. It is the leadership of orators; it is the ascendency of those who have a genius for talking. In the eyes of those who do not like it, it seems a leadership of artful dialecticians, the success of tricks of phrase, the victory of rushing declamation--government, not by the advice of statesman-like counselors, but by the wagging of ready tongues. Macaulay pointed out with his accustomed force of statement just the fact which haunts those who hold to such objections. The power of speaking, he said, which is so highly prized by politicians in a popular government, "may exist in the highest degree without judgment, without fort.i.tude, without skill in reading the characters of men or the signs of the times, without any knowledge, of the principles of legislation or of political economy, and without any skill in diplomacy or in the administration of war. Nay, it may well happen that those very intellectual qualities which give peculiar charm to the speeches of a public man may be incompatible with the qualities which would fit him to meet a pressing emergency with prompt.i.tude and firmness. It was thus with Charles Townshend. It was thus with Windham. It was a privilege to listen to those accomplished and ingenious orators. But in a perilous crisis they would be found inferior in all the qualities of rulers to such a man as Oliver Cromwell, who talked nonsense, or as William the Silent, who did not talk at all."

Nevertheless, it is to be observed that neither Windham nor Townshend rose to places of highest confidence in the a.s.sembly which they served, and which they charmed by their attractive powers of speech; and that Cromwell would have been as unfit to rule anything but an autocratic commonwealth as would have been William the Silent to be anything but a Dutch governor. The people really had no voice in Cromwell's government.

It was absolute. He would have been as much out of place in a representative government as a bull in a china shop. We would not have a Bismarck if we could.

Every species of government has the defects of its own qualities.

Representative government is government by advocacy, by discussion, by persuasion, and a great, miscellaneous voting population is often misled by deceitful pleas and swayed by unwise counsels. But if one were to make a somewhat freer choice of examples than Macaulay permitted himself, it would be easy to multiply the instances of ruling orators of our race who have added to their gifts of eloquence conspicuous sagacity in the administration of affairs. At any rate, the men who have led popular a.s.semblies have often been, like Hampden, rarely endowed with judgment, foresight, and steadfastness of purpose; like Walpole, amazingly quick in "reading the characters of men and the signs of the times;" like Chatham, masterful in ordering the conquests and the policies of the world; like Burke, learned in the profoundest principles of statecraft; like Canning, adroit in diplomacy; like Pitt, safe in times of revolution; like Peel, sagacious in finance; or, like Gladstone, skilled in every branch of political knowledge and equal to any strain of emergency.

It is natural that orators should be the leaders of a self-governing people. Men may be clever and engaging speakers, such as are to be found, doubtless, at half the bars of the country, without being equipped even tolerably for any of the high duties of the statesman; but men can scarcely be orators without that force of character, that readiness of resource, that clearness of vision, that grasp of intellect, that courage of conviction, that earnestness of purpose, and that instinct and capacity for leadership which are the eight horses that draw the triumphal chariot of every leader and ruler of free men.

We could not object to being ruled again by such men as Henry and Otis and Samuel Adams; but they were products of revolution. They were inspired by the great causes of the time; and the government which they set up has left us without any ordinary, peaceful means of bringing men like them into public life. We should like to have more like them, but the violent exercise of revolution is too big a price to pay for them.

Some less pungent diet is to be desired for the purpose of giving health to our legislative service. There ought to be some quiet, effective tonic, some mild stimulant, such as the certain prospect of winning highest and most honorable office, to infuse the best talent of the nation into our public life.

These, then, are the conditions of public life which make the House of Representatives what it is, a disintegrate ma.s.s of jarring elements, and the Senate what it is, a small, select, and leisurely House of Representatives. Or perhaps it would be nearer the whole truth to say that these are the circ.u.mstances and this the frame of government of which the two Houses form a part. Were the Senate not supplied princ.i.p.ally by promotions from the House,--if it had, that is, a membership made up of men specially trained for its peculiar duties,--it would probably be much more effective than it is in fulfilling the great function of instructive and business-like debate of public questions; for its duties are enough unlike those of the House to be called peculiar. Men who have acquired all their habits in the matter of dealing with legislative measures in the House of Representatives, where committee work is everything and public discussion nothing but "talking to the country," find themselves still mere declaimers when they get into the Senate, where no previous question utters its interrupting voice from the tongues of tyrannical committee-men, and where, consequently, talk is free to all.[37] Only superior talents, such as very few men possess, could enable a Representative of long training to change his spots upon entering the Senate. Most men will not fit more than one sphere in life; and after they have been stretched or compressed to the measure of that one they will rattle about loosely or stick too tight in any other into which they may be thrust. Still, more or less adjustment takes place in every case. If a new Senator knock about too loosely amidst the free s.p.a.ces of the rules of that august body, he will a.s.suredly have some of his biggest corners knocked off and his angularities thus made smoother; if he stick fast amongst the dignified courtesies and punctilious observances of the upper chamber, he will, if he stick long enough, finally wear down to such a size, by jostling, as to attain some motion more or less satisfactory. But it must be said, on the other hand, that even if the Senate were made up of something better than selections from the House, it would probably be able to do little more than it does in the way of giving efficiency to our system of legislation. For it has those same radical defects of organization which weaken the House. Its functions also, like those of the House, are segregated in the prerogatives of numerous Standing Committees.[38] In this regard Congress is all of a piece. There is in the Senate no more opportunity than exists in the House for gaining such recognized party leadership as would be likely to enlarge a man by giving him a sense of power, and to steady and sober him by filling him with a grave sense of responsibility. So far as its organization controls it, the Senate, notwithstanding the one or two special excellences which make it more temperate and often more rational than the House, has no virtue which marks it as of a different nature. Its proceedings bear most of the characteristic features of committee rule.[39] Its conclusions are suggested now by one set o its members, now by another set, and again by a third; an arrangement which is of course quite effective in its case, as in that of the House, in depriving it of that leadership which is valuable in more ways than in imparting distinct purpose to legislative action, because it concentrates party responsibility, attracts the best talents, and fixes public interest.

Some Senators are, indeed, seen to be of larger mental stature and built of stauncher moral stuff than their fellow-members, and it is not uncommon for individual members to become conspicuous figures in every great event in the Senate's deliberations. The public now and again picks out here and there a Senator who seems to act and to speak with true instinct of statesmanship and who unmistakably merits the confidence of colleagues and of people. But such a man, however eminent, is never more than _a_ Senator. No one is _the_ Senator. No one may speak for his party as well as for himself; no one exercises the special trust of acknowledged leadership. The Senate is merely a body of individual critics, representing most of the not very diversified types of a society substantially h.o.m.ogeneous; and the weight of every criticism uttered in its chamber depends upon the weight of the critic who utters it, deriving little if any addition to its specific gravity from connection with the designs of a purposeful party organization. I cannot insist too much upon this defect of congressional government, because it is evidently radical. Leadership with authority over a great ruling party is a prize to attract great compet.i.tors, and is in a free government the only prize that will attract great compet.i.tors. Its attractiveness is abundantly ill.u.s.trated in the operations of the British system. In England, where members of the Cabinet, which is merely a Committee of the House of Commons, are the rulers of the empire, a career in the Commons is eagerly sought by men of the rarest gifts, because a career there is the best road, is indeed the only road, to membership of the great Committee. A part in the life of Congress, on the contrary, though the best career opened to men of ambition by our system, has no prize at its end greater than membership of some one of numerous Committees, between which there is some choice, to be sure, because some of them have great and others only small jurisdictions, but none of which has the distinction of supremacy in policy or of recognized authority to do more than suggest. And posts upon such Committees are the highest posts in the Senate just as they are in the House pf Representatives.

In an address delivered on a recent occasion,[40] in the capacity of President of the Birmingham and Midland Inst.i.tute, Mr. Froude, having in mind, of course, British forms of government, but looking mediately at all popular systems, said very pointedly that "In party government party life becomes like a court of justice. The people are the judges, the politicians the advocates, who," he adds caustically rather than justly, "only occasionally and by accident speak their real opinions." "The truly great political orators," he exclaims, "are the ornaments of mankind, the most finished examples of n.o.ble feeling and perfect expression, but they rarely understand the circ.u.mstances of their time.

They feel pa.s.sionately, but for that reason they cannot judge calmly."

If we are to accept these judgments from Mr. Froude in the face of his reputation for thinking somewhat too independently of evidence, we should congratulate ourselves that we have in this country hit upon a system which, now that it has reached its perfection, has left little or no place for politicians to make false declarations or for the orator to coin fine expression for views which are only feelings, except outside of the legislative halls of the nation, upon the platform, where talk is all that is expected. It would seem as if the seer had a much more favorable opportunity in the committee-room than the orator can have, and with us it is the committee-room which governs the legislative chamber. The speech-making in the latter neither makes nor often seriously affects the plans framed in the former; because the plans are made before the speeches are uttered. This is self-evident of the debates of the House; but even the speeches made in the Senate, free, full, and earnest as they seem, are made, so to speak, after the fact--not to determine the actions but to air the opinions of the body.

Still, it must be regarded as no inconsiderable addition to the usefulness of the Senate that it enjoys a much greater freedom of discussion than the House can allow itself. It permits itself a good deal of talk in public about what it is doing,[41] and it commonly talks a great deal of sense. It is small enough to make it safe to allow individual freedom to its members, and to have, at the same time, such order and sense of proportion in its proceedings as is characteristic of small bodies, like boards of college trustees or of commercial directors, who feel that their main object is business, not speech-making, and so say all that is necessary without being tedious, and do what they are called upon to do without need of driving themselves with hurrying rules. Such rules, they seem to feel, are meant only for big a.s.semblies which have no power of self-control. Of course the Senate talks more than an average board of directors would, because the corporations which it represents are States, made up, politically speaking, of numerous popular const.i.tuencies to which Senators, no less than Representatives, must make speeches of a sort which, considering their fellow-members alone, would be unnecessary if not impertinent and out of taste, in the Senate chamber, but which will sound best in the ears of the people, for whose ears they are intended, if delivered there. Speeches which, so to say, run in the name of the Senate's business will generally be more effectual for campaign uses at home than any speech could be which should run in the name of the proper topics of the stump. There is an air of doing one's duty by one's party in speaking party plat.i.tudes or uttering party defiances on the floor of the Senate or of the House. Of course, however, there is less temptation to such speech-making in the Senate than in the House. The House knows the terrible possibilities of this sort in store for it, were it to give perfect freedom of debate to its three hundred and twenty-five members, in these days when frequent mails and tireless tongues of telegraphy bring every const.i.tuency within easy earshot of Washington; and it therefore seeks to confine what little discussion it indulges in to the few committee-men specially in charge of the business of each moment.

But the Senate is small and of settled habits, and has no such bugbear to trouble it. It can afford to do without any _cloture_ or previous question. No Senator is likely to want to speak on all the topics of the session, or to prepare more speeches than can conveniently be spoken before adjournment is imperatively at hand. The House can be counted upon to waste enough time to leave some leisure to the upper chamber.

And there can be no question that the debates which take place every session in the Senate are of a very high order of excellence. The average of the ability displayed in its discussions not infrequently rises quite to the level of those controversies of the past which we are wont to call great because they furnished occasion to men like Webster and Calhoun and Clay, whom we cannot now quite match in mastery of knowledge and of eloquence. If the debates of the present are smothered amongst the innumerable folios of the "Record," it is not because they do not contain utterances worthy to be heeded and to gain currency, but because they do not deal with questions of pa.s.sion or of national existence, such as ran through all the earlier debates, or because our system so obscures and complicates party rule in legislation as to leave nothing very interesting to the public eye dependent upon the discussions of either House or Senate. What that is picturesque, or what that is vital in the esteem of the partisan, is there in these wordy contests about contemplated legislation? How does anybody know that either party's prospects will be much affected by what is said when Senators are debating, or, for that matter, by what is voted after their longest flights of controversy?

Still, though not much heeded, the debates of the Senate are of great value in scrutinizing and sifting matters which come up from the House.

The Senate's opportunities for open and unrestricted discussion and its simple, comparatively unenc.u.mbered forms of procedure, unquestionably enable it to fulfill with very considerable success its high functions as a chamber of revision.

When this has been claimed and admitted, however, it still remains to be considered whether two chambers of equal power strengthen by steadying, or weaken by complicating, a system of representative government like our own. The utility and excellence of a bicameral system has never, I believe, been seriously questioned in this country; but M. Turgot smiles with something like contempt at our affectation in copying the House of Lords without having any lords to use for the purpose; and in our own day Mr. Bagehot, who is much more competent to speak on this head than was M. Turgot, has avowed very grave doubts as to the practical advantage of a two-headed legislature--each head having its own independent will. He finds much to recommend the House of Lords in the fact that it is not, as theory would have it, coordinate and coequal with the House of Commons, but merely "a revising and suspending House,"

altering what the Commons have done hastily or carelessly, and sometimes rejecting "Bills on which the House of Commons is not yet thoroughly in earnest,--upon which the nation is not yet determined."[42] He points out the fact that the House of Lords has never in modern times been, as a House, coequal in power with the House of Commons. Before the Reform Bill of 1832 the peers were all-powerful in legislation; not, however, because they were members of the House of Lords, but because they nominated most of the members of the House of Commons. Since that disturbing reform they have been thrown back upon the functions in which they never were strong, the functions of a deliberative a.s.sembly.

These are the facts which seem to Mr. Bagehot to have made it possible for legislation to make easy and satisfactory progress under a system whose theory provided for fatal dead-locks between the two branches of the supreme legislature.

In his view "the evil of two coequal Houses of distinct natures is obvious." "Most const.i.tutions," he declares, "have committed this blunder. The two most remarkable Republican inst.i.tutions in the world commit it. In both the American and Swiss Const.i.tutions the Upper House has as much authority as the second; it could produce the maximum of impediment--a dead-lock, if it liked; if it does not do so, it is owing not to the goodness of the legal const.i.tution, but to the discreetness of the members of the Chamber. In both these const.i.tutions this dangerous division is defended by a peculiar doctrine.... It is said that there must be in a federal government some inst.i.tution, some authority, some body possessing a veto in which the separate States comprising the Confederation are all equal. I confess this doctrine has to me no self-evidence, and it is a.s.sumed, but not proved. The State of Delaware is not equal in power or influence to the State of New York, and you cannot make it so by giving it an equal veto in an Upper Chamber. The history of such an inst.i.tution is indeed most natural. A little State will like, and must like, to see some token, some memorial mark, of its old independence preserved in the Const.i.tution by which that independence is extinguished. But it is one thing for an inst.i.tution to be natural, and another for it to be expedient. If indeed it be that a federal government compels the erection of an Upper Chamber of conclusive and coordinate authority, it is one more in addition to the many other inherent defects of that kind of government. It may be necessary to have the blemish, but it is a blemish just as much."

It would be in the highest degree indiscreet to differ lightly with any conclusion to which Mr. Bagehot may have come in viewing that field of critical exposition in which he was supreme, the philosophical a.n.a.lysis, namely, of the English Const.i.tution; and it must be apparent to any one who reads the pa.s.sage I have just now quoted that his eye sees very keenly and truly even when he looks across sea at inst.i.tutions which were repugnant to his own way of thinking. But it is safe to say that he did not see all in this instance, and that he was consequently in error concerning the true nature of our federal legislative system. His error, nevertheless, appears, not when we look only at the facts which he held up to view, but when we look at other facts which he ignored. It is true that the existence of two coequal Houses is an evil when those two Houses are of distinct natures, as was the case under the Victorian Const.i.tution to which Mr. Bagehot refers by way of ill.u.s.trative example.

Under that Const.i.tution all legislative business was sometimes to be seen quite suspended because of irreconcilable differences of opinion between the Upper House, which represented the rich wool-growers of the colony, and the Lower a.s.sembly, which represented the lesser wool-growers, perhaps, and the people who were not wool-growers at all.

The Upper House, in other words, was a cla.s.s chamber, and thus stood quite apart from anything like the principle embodied in our own Senate, which is no more a cla.s.s chamber than is the House of Representatives.

The prerogatives of the Senate do, indeed, render our legislative system more complex, and for that reason possibly more c.u.mbersome, than the British; for our Senate can do more than the House of Lords. It can not only question and stay the judgment of the Commons, but may always with perfect safety act upon its own judgment and gainsay the more popular chamber to the end of the longest chapter of the bitterest controversy.

It is quite as free to act as is any other branch of the government, and quite as sure to have its acts regarded. But there is safety and ease in the fact that the Senate never wishes to carry its resistance to the House to that point at which resistance must stay all progress in legislation; because there is really a "latent unity" between the Senate and the House which makes continued antagonism between them next to impossible--certainly in the highest degree improbable. The Senate and the House are of different origins, but virtually of the same nature.

The Senate is less democratic than the House, and consequently less sensible to transient phases of public opinion; but it is no less sensible than the House of its ultimate accountability to the people, and is consequently quite as obedient to the more permanent and imperative judgments of the public mind. It cannot be carried so quickly by every new sentiment, but it can be carried quickly enough. There is a main chance of election time for it as well as for the House to think about.

By the mode of its election and the greater length of the term by which its seats are held, the Senate is almost altogether removed from that temptation to servile obedience to the whims of popular const.i.tuencies to which the House is constantly subject, without as much courage as the Senate has to guard its virtue. But the men who compose the Senate are of the same sort as the members of the House of Representatives, and represent quite as various cla.s.ses. Nowadays many of the Senators are, indeed, very rich men, and there has come to be a great deal of talk about their vast wealth and the supposed aristocratic tendencies which it is imagined to breed. But even the rich Senators cannot be said to be representatives of a cla.s.s, as if they were all opulent wool-growers or great land-owners. Their wealth is in all sorts of stocks, in all sorts of machinery, in all sorts of buildings, in possessions of all the sorts possible in a land of bustling commerce and money-making industries.

They have made their money in a hundred different ways, or have inherited it from fathers who ama.s.sed it in enterprises too numerous to imagine; and they have it invested here, there, and everywhere, in this, that, and everything. Their wealth represents no cla.s.s interests, but all the interests of the commercial world. It represents the majority of the nation, in a word; and so they can probably be trusted not to neglect one set of interests for another; not to despoil the trader for the sake of the farmer, or the farmer for the sake of the wool-grower, or the wool-grower for the behoof of the herder of short-horned cattle.

At least the Senate is quite as trustworthy in this regard as is the House of Representatives.

Inasmuch as the Senate is thus separated from cla.s.s interests and quite as representative of the nation at large as is the House of Representatives, the fact that it is less quickly sensitive to the hasty or impulsive movements of public opinion const.i.tutes its value as a check, a steadying weight, in our very democratic system. Our English cousins have worked out for themselves a wonderfully perfect scheme of government by gradually making their monarchy unmonarchical. They have made of it a republic steadied by a reverenced aristocracy and pivoted upon a stable throne. And just as the English system is a limited monarchy because of Commons and Cabinet, ours may be said to be a limited democracy because of the Senate. This has in the trial of the scheme proved the chief value of that upper chamber which was inst.i.tuted princ.i.p.ally as an earnest of the abiding equality and sovereignty of the States. At any rate, this is the most conspicuous, and will prove to be the most lasting, use of the Senate in our system. It is valuable in our democracy in proportion as it is undemocratic. I think that a philosophical a.n.a.lysis of any successful and beneficent system of self-government will disclose the fact that its only effectual checks consist in a mixture of elements, in a combination of seemingly contradictory political principles; that the British government is perfect in proportion as it is unmonarchical, and ours safe in proportion as it is undemocratic; that the Senate saves us often from headlong popular tyranny.

"The value, spirit, and essence of the House of Commons," said Burke, "consists in its being the express image of the feelings of the nation;"

but the image of the nation's feelings should not be the only thing reflected by the const.i.tution of a free government. It is indispensable that, besides the House of Representatives which runs on all fours with popular sentiment, we should have a body like the Senate which may refuse to run with it at all when it seems to be wrong--a body which has time and security enough to keep its head, if only now and then and but for a little while, till other people have had time to think. The Senate is fitted to do deliberately and well the revising which is its properest function, because its position as a representative of state sovereignty is one of eminent dignity, securing for it ready and sincere respect, and because popular demands, ere they reach it with definite and authoritative suggestion, are diluted by pa.s.sage through the feelings and conclusions of the state legislatures, which are the Senate's only immediate const.i.tuents. The Senate commonly feels with the House, but it does not, so to say, feel so fast. It at least has a chance to be the express image of those judgments of the nation which are slower and more temperate than its feelings.

This it is which makes the Senate "the most powerful and efficient second chamber that exists,"[43] and this it is which const.i.tutes its functions one of the effectual checks, one of the real balances, of our system; though it is made to seem very insignificant in the literary theory of the Const.i.tution, where the checks of state upon federal authorities, of executive prerogatives upon legislative powers, and of Judiciary upon President and Congress, though some of them in reality inoperative from the first and all of them weakened by many "ifs" and "buts," are made to figure in the leading roles, as the characteristic Virtues, triumphing over the characteristic Vices, of our new and original political Morality-play.

It should, however, be accounted a deduction from the Senate's usefulness that it is seldom sure of more than two thirds of itself for more than four years at a time. In order that its life may be perpetual, one third of its membership is renewed or changed every two years, each third taking its turn at change or renewal in regular succession; and this device has, of course, an appreciably weakening effect on the legislative sinews of the Senate. Because the Senate mixes the parties in the composition of its Committees just as the House does, and those Committees must, consequently, be subjected to modification whenever the biennial senatorial elections bring in new men, freshly promoted from the House or from gubernatorial chairs. Places must be found for them at once in the working organization which busies itself in the committee-rooms. Six years is not the term of the Senate, but only of each Senator. Reckoning from any year in which one third of the Senate is elected, the term of the majority,--the two thirds not affected by the election,--is an average of the four and the two years which it has to live. There is never a time at which two thirds of the Senate have more than four years of appointed service before them. And this constant liability to change must, of course, materially affect the policy of the body. The time a.s.sured it in which to carry out any enterprise of policy upon which it may embark is seldom more than two years, the term of the House. It may be checked no less effectually than the lower House by the biennial elections, albeit the changes brought about in its membership are effected, not directly by the people, but indirectly and more slowly by the mediate operation of public opinion through the legislatures of the States.

In estimating the value of the Senate, therefore, as a branch of the national legislature, we should offset the committee organization, with its denial of leadership which disintegrates the Senate, and that liability to the biennial infusion of new elements which may at any time interrupt the policy and break the purpose of the Senate, against those habits of free and open debate which clear its mind, and to some extent the mind of the public, with regard to the nation's business, doing much towards making legislation definite and consistent, and against those great additions to its efficiency which spring from its observation of "slow and steady forms" of procedure, from the mediate election which gives it independence, and from its having a rational and august cause for existing.

When we turn to consider the Senate in its relations with the executive, we see it no longer as a legislative chamber, but as a consultative executive council. And just here there is to be noted an interesting difference between the relations of the Senate with the President and its relations with the departments, which are in const.i.tutional theory one with the President. It deals directly with the President in acting upon nominations and upon treaties. It goes into "executive session" to handle without gloves the acts of the chief magistrate. Its dealings with the departments, on the other hand, are, like those of the House, only indirect. Its legislative, not its executive, function is the whip which coerces the Secretaries. Its will is the supreme law in the offices of the government; and yet it orders policy by no direct word to the departments. It does not consult and negotiate with them as it does with the President, their t.i.tular head. Its immediate agents, the Committees, are not the recognized const.i.tutional superiors of Secretary A. or Comptroller B.; but these officials cannot move a finger or plan more than a paltry detail without looking to it that they render strict obedience to the wishes of these outside, uncommissioned, and irresponsible, but none the less authoritative and imperative masters.

This feature of the Senate's power over the executive does not, however, call for special emphasis here, because it is not a power peculiar to the Senate, this overlordship of the departments, but one which it possesses in common with the House of Representatives,--simply an innate and inseparable part of the absolutism of a supreme legislature. It is the Senate's position as the President's council in some great and many small matters which call for particular discussion. Its general tyranny over the departments belongs rather with what I am to say presently when looking at congressional government from the stand-point of the executive.

The greatest consultative privilege of the Senate,--the greatest in dignity, at least, if not in effect upon the interests of the country,--is its right to a ruling voice in the ratification of treaties with foreign powers. I have already alluded to this privilege, for the purpose of showing what weight it has had in many instances in disarranging the ideal balance supposed to exist between the powers of Congress and the const.i.tutional prerogatives of the President; but I did not then stop to discuss the organic reasons which have made it impossible that there should be any real consultation between the President and the Senate upon such business, and which have, consequently, made disagreement and even antagonism between them probable outcomes of the system. I do not consult the auditor who scrutinizes my accounts when I submit to him my books, my vouchers, and a written report of the business I have negotiated. I do not take his advice and seek his consent; I simply ask his endors.e.m.e.nt or invite his condemnation. I do not sue for his cooperation, but challenge his criticism. And the a.n.a.logy between my relations with the auditor and the relations of the President with the Senate is by no means remote.

The President really has no voice at all in the conclusions of the Senate with reference to his diplomatic transactions, or with reference to any of the matters upon which he consults it; and yet without a voice in the conclusion there is no consultation. Argument and an un.o.bstructed interchange of views upon a ground of absolute equality are essential parts of the substance of genuine consultation. The Senate, when it closes its doors, upon going into "executive session," closes them upon the President as much as upon the rest of the world. He cannot meet their objections to his courses except through the clogged and inadequate channels of a written message or through the friendly but unauthoritative offices of some Senator who may volunteer his active support. Nay, in many cases the President may not even know what the Senate's objections were. He is made to approach that body as a servant conferring with his master, and of course deferring to that master. His only power of compelling compliance on the part of the Senate lies in his initiative in negotiation, which affords him a chance to get the country into such sc.r.a.pes, so pledged in the view of the world to certain courses of action, that the Senate hesitates to bring about the appearance of dishonor which would follow its refusal to ratify the rash promises or to support the indiscreet threats of the Department of State.

The machinery of consultation between the Senate and the President is of course the committee machinery. The Senate sends treaties to its Standing Committee on Foreign Relations, which ponders the President's messages accompanying the treaties and sets itself to understand the situation in the light of all the information available. If the President wishes some more satisfactory mode of communication with the Senate than formal message-writing, his only door of approach is this Committee on Foreign Relations. The Secretary of State may confer with its chairman or with its more influential members. But such a mode of conference is manifestly much less than a voice in the deliberations of the Senate itself,--much less than meeting that body face to face in free consultation and equal debate. It is almost as distinctly dealing with a foreign power as were the negotiations preceding the proposed treaty. It must predispose the Senate to the temper of an overseer.[44]

Still, treaties are not every-day affairs with us, and exceptional business may create in Senators an exceptional sense of responsibility, and dispose them to an unwonted desire to be dispa.s.sionate and fair. The ratification of treaties is a much more serious matter than the consideration of nominations which every session const.i.tutes so constant a diversion from the more ponderous business of legislation. It is in dealing with nominations, however, that there is the most friction in the contact between the President and his overlord, the Senate. One of the most noteworthy instances of the improper tactics which may arise out of these relations was the case of that Mr. Smythe, at the time Collector for the port of New York, whom, in 1869, President Grant nominated Minister to the Court of St. Petersburg. The nomination, as looking towards an appointment to diplomatic service, was referred to the Committee on Foreign Relations, of which Mr. Charles Sumner was then chairman. That Committee rejected the nomination; but Smythe had great influence at his back and was himself skilled beyond most men in the arts of the lobby. He accordingly succeeded in securing such support in the Senate as to become a very formidable dog in the manger, not himself gaining the appointment, but for a time blocking all other appointments and bringing the business of the Senate altogether to a stand-still, because he could not.[45] Smythe himself is forgotten; but no observer of the actual conditions of senatorial power can fail to see the grave import of the lesson which his case teaches, because his case was by no means an isolated one. There have been scores of others quite as bad; and we could have no a.s.surance that there might not in the future be hundreds more, had not recent movements in the direction of a radical reform of the civil service begun to make nominations represent, not the personal preference of the President or the intrigues of other people, but honest, demonstrated worth, which the Senate is likely to feel forced to accept without question, when the reform reaches the highest grades of the service.

In discussing the Senate's connection with the civil service and the abuses surrounding that connection, one is, therefore, discussing a phase of congressional government which promises soon to become obsolete. A consummation devoutly to be wished!--and yet sure when it comes to rob our politics of a feature very conspicuous and very characteristic, and in a sense very entertaining. There are not many things in the proceedings of Congress which the people care to observe with any diligence, and it must be confessed that scandalous transactions in the Senate with reference to nominations were among the few things that the country watched and talked about with keen relish and interest. This was the personal element which always had spice in it. When Senator Conkling resigned in a huff because he could not have whom he liked in the collectorship of the port of New York, the country rubbed its hands; and when the same imperious politician sought reelection as a vindication of that unconst.i.tutional control of nominations which masqueraded as "the courtesy of the Senate," the country discussed his chances with real zest and chuckled over the whole affair in genuine glee. It was a big fight worth seeing. It would have been too bad to miss it.

Before the sentiment of reform had become strong enough to check it, this abuse of the consultative privileges of the Senate in the matter of nominations had a.s.sumed such proportions as to seem to some the ugliest deformity in our politics. It looked as if it were becoming at once the weakest and the most tried and strained joint of our federal system. If there was to be a break, would it not be there, where was the severest wear and tear? The evil practices seemed the more ineradicable because they had arisen in the most natural manner. The President was compelled, as in the case of treaties, to obtain the sanction of the Senate without being allowed any chance of consultation with it; and there soon grew up within the privacy of "executive session" an understanding that the wishes and opinions of each Senator who was of the President's own party should have more weight than even the inclinations of the majority in deciding upon the fitness or desirability of persons proposed to be appointed to offices in that Senator's State. There was the requisite privacy to shield from public condemnation the practice arising out of such an understanding; and the President himself was always quite out of earshot, hearing only of results, of final votes.

All through the direct dealings of the Senate with the President there runs this characteristic spirit of irresponsible dictation. The President may tire the Senate by dogged persistence, but he can never deal with it upon a ground of real equality. He has no real presence in the Senate. His power does not extend beyond the most general suggestion. The Senate always has the last word. No one would desire to see the President possessed of authority to overrule the decisions of the Senate, to treat with foreign powers, and appoint thousands of public officers, without any other than that shadowy responsibility which he owes to the people that elected him; but it is certainly an unfortunate feature of our government that Congress governs without being put into confidential relations with the agents through whom it governs. It dictates to another branch of the government which was intended to be coordinate and coequal with it, and over which it has no legalized authority as of a master, but only the authority of a bigger stockholder, of a monopolist indeed, of all the energetic prerogatives of the government. It is as if the Army and Navy Departments were to be made coordinate and coequal, but the absolute possession and control of all ammunition and other stores of war given to the one and denied the other. The executive is taken into partnership with the legislature upon a salary which may be withheld, and is allowed no voice in the management of the business. It is simply charged with the superintendence of the employees.

It was not essentially different in the early days when the President in person read his message to the Senate and the House together as an address, and the Senate in a body carried its reply to the executive mansion. The address was the formal communication of an outsider just as much as the message of to-day is, and the reply of the Senate was no less a formal doc.u.ment which it turned aside from its regular business to prepare. That meeting face to face was not consultation. The English Parliament does not consult with the sovereign when it a.s.sembles to hear the address from the throne.

It would, doubtless, be considered quite improper to omit from an essay on the Senate all mention of the Senate's President; and yet there is very little to be said about the Vice-President of the United States.

His position is one of anomalous insignificance and curious uncertainty.

Apparently he is not, strictly speaking, a part of the legislature,--he is clearly not a member,--yet neither is he an officer of the executive.

It is one of the remarkable things about him, that it is hard to find in sketching the government any proper place to discuss him. He comes in most naturally along with the Senate to which he is tacked; but he does not come in there for any great consideration. He is simply a judicial officer set to moderate the proceedings of an a.s.sembly whose rules he has had no voice in framing and can have no voice in changing. His official stature is not to be compared with that of the Speaker of the House of Representatives. So long as he is Vice-President, he is inseparable officially from the Senate; his importance consists in the fact that he may cease to be Vice-President. His chief dignity, next to presiding over the Senate, lies in the circ.u.mstance that he is awaiting the death or disability of the President. And the chief embarra.s.sment in discussing his office is, that in explaining how little there is to be said about it one has evidently said all there is to say.

V.

THE EXECUTIVE.

Every political const.i.tution in which different bodies share the supreme power is only enabled to exist by the forbearance of those among whom this power is distributed.--LORD JOHN RUSSELL.

Simplicity and logical neatness are not the good to be aimed at in politics, but freedom and order, with props against the pressure of time, and arbitrary will, and sudden crises.--THEO. WOOLSEY.

Nothing, indeed, will appear more certain, on any tolerable consideration of this matter, than that _every sort of government ought to have its administration, correspondent to its legislature_.--BURKE.

It is at once curious and instructive to note how we have been forced into practically amending the Const.i.tution without const.i.tutionally amending it. The legal processes of const.i.tutional change are so slow and c.u.mbersome that we have been constrained to adopt a serviceable framework of fictions which enables us easily to preserve the forms without laboriously obeying the spirit of the Const.i.tution, which will stretch as the nation grows. It would seem that no impulse short of the impulse of self-preservation, no force less than the force of revolution, can nowadays be expected to move the c.u.mbrous machinery of formal amendment erected in Article Five. That must be a tremendous movement of opinion which can sway two thirds of each House of Congress and the people of three fourths of the States. Mr. Bagehot has pointed out that one consequence of the existence of this next to immovable machinery "is that the most obvious evils cannot be quickly remedied,"