# Congressional Government/Chapter 4

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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, 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 the 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 statesmanlike 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 fundanental 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 wih 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.
Such samples of the character which political questions have hitherto borne in his country are sufficient to remind all readers of our history of what have been the chief features of our politics, and may serve, without further elaboration, to illustrate the point I wish to emphasize. It is manifest how such a course of politics would affect statesmanship and political leadership. While questions affecting the proper construction of the Constitution were the chief and most imperative questions pressing for settlement, great lawyers were in demand; and great lawyers were, accordingly, forthcoming in satisfaction of the demand. In a land like ours, where litigation is facilitated by the establlshment of many open and impartial courts, great lawyers are a much more plentiful product than great administrators, unless there be also some extraordinary means for the encouragement of administrative talents. We have, accordingly, always had plenty of excellent lawyers, though we have often had to do without even tolerable administrators, and seem destined ​to endure the inconvenience of hereafter doing without any constructive statesmen at all. The constitutional issues of former times were so big and so urgent that they brought great advocates into the field, despite all the tendencies there were in our system towards depriving leadership of all place of authority. In the presence of questions affecting the very structure and powers of the federal government, parties had to rally with definite purpose and espouse a distinct creed; and when the maintenance or overthrow of slavery had ceased to be a question of constitutional right, and had become a matter of contention between sentiment and vested rights,—between interest and passionate feeling,—there was of course a hot energy of contest between two compact hosts and a quick elevation of forceful leaders.
The three stages of national growth which preceded the war between the States were each of them creative of a distinct class of pofitieal leaders. In the period of erection there were great architects and master-builders; in the period of constitutional interpretation there were, at a distance from the people, great political schoolmen who pondered and expounded the letter of the law, and, nearer the people, great constitutional advocates who cast the doctrines of the schoolmen into policy; and in the period of abolitionist ​agitation there were great masters of feeling and leaders of public purpose. The publicists of the second period kept charge of the slavery question, as I have said, as long as they could, and gave place with bitter reluctance to the anti-slavery orators and pro-slavery champions who were to talk the war-feeling into a flame. But it was of course inevitable that the new movement should have new leaders. It was essentially revolutionary in its tone and in its designs, and so quite out of the reach of those principles of action which had governed the policy of the older school of politicians. Its aim was to change, not to vindicate, the Constitution. Its leaders spoke, not words of counsel, but words of passion and of command. It was a crusade, not a campaign; the impetuous movement of a cause, not the canvass of a mooted measure. And, like every big, stirring cause, it had its leaders—leaders whose authority rested upon the affections and sympathies of the people rather than upon any attested wisdom or success of statesmanship. The war was the work, mediately, of philanthropists; and the reconstructions which followed the war were the hasty strokes of these same unbalanced knights of the crusade, full of bold feeling, but not of steady or far-sighted judgment.
The anti-slavery movement called forth leaders who, from the very nature of their calling, were ​more picturesque than any who had figured on the national stage since the notable play of the Revolution had gone off the boards; but it was no better cast in leading parts than had been the drama which immediately preceded it. When the constitution of a self-governing people is being consciously moulded by the rapid formation of precedent during the earliest periods of its existence, there are sure to be antagonistic beliefs, distinct and strong and active enough to take shape in the creeds of energetic parties, each led by the greatest advocates of its cherished principles. The season of our constitutional development, consequently, saw as fine a race of statesmen at the front of national affairs as have ever directed the civil policy of the country; and they, in turn, gave place to men brave to encounter the struggles of changed times, and fit to solve the doubts of a new set of events.
Since the war, however, we have come into a fourth period of national life, and are perplexed at finding ourselves denied a new order of statesmanship to suit the altered conditions of government. The period of federal construction is long passed; questions of constitutional interpretation are no longer regarded as of pressing urgency; the war has been fought, even the embers of its issues being now almost extinguished; and we are left to that unexciting but nonetheless ​capitally important business of every-day peaceful development and judicious administration to whose execution every nation in its middle age has to address itself with what sagacity, energy, and prudence it can command. It cannot be said that these new duties have as yet raised up any men eminently fit for their fulfillment. We have had no great administrators since the opening of this newest stage, and there is as yet no visible sign that any such will soon arise. The forms of government in this country have always been unfavorable to the easy elevation of talent to station of paramount authority; and those forms in their present crystallization are more unfavorable than ever to the toleration of the leadership of the few, whilst the questions now most prominent in politics are not of such a nature as to compel skilled and trustworthy champions to come into the field, as did the constitutional issues and revolutionary agitations of other days. They are matters of a too quiet, buslness-like sort to enlist feeling or arouse enthusiasm.
It is, therefore, very unfortunate that only feeling or enthusiasm can create recognized leadership in our politics. There is no office set apart for the great party leader in our government. The powers of the Speakership of the House of Representatives are too cramped and covert; the privileges of the chairmanships of ​the chief Standing Committees are too limited in scope; the presidency is too silent and inactive, too little like a premiership and too much like a superintendency. If there be any one man to whom a whole party or a great national majority looks for guiding counsel, he must lead without office, as Daniel Webster did, or in spite of his office, as Jefferson and Jackson did. There must be something in the times or in the questions which are abroad to thrust great advocates or great masters of purpose into a non-offieial leadership, which is theirs because they represent in the greatest actions of their lives some principle at once vital and widely loved or hated, or because they possess in their unrivaled power of eloquent speech the ability to give voice to some such living theme. There must be a cause to be advanced which is greater than the trammels of governmental forms, and which, by authority of its own imperative voice, constitutes its advocates the leaders of the nation, though without giving them official title—without need of official title. No one is authorized to lead by reason of any official station known to our system. We call our real leaders by no names but their own: Mr. Webster was always Mr. Webster and never Prime Minister.
In a country which governs itself by means of a public meeting, a Congress or a Parliament, a ​country whose political life is representative, the only real leadership in governmental affairs must be legislative leadership—ascendency in the public meeting which decides everhing. The leaders, if there be any, must be those who suggest the opinions and rule the actions of the representative body. We have in this country, therefore, no real leadership; because no man is allowed to direct the course of Congress, and there is no way of governing the country save through Congress, which is supreme. The chairman of a great Committee like the Committee of Ways and Means stands, indeed, at the sources of a very large and important stream of policy, and can turn that stream at his pleasure, or mix what he will with its waters; but there are whole provinces of policy in which he can have no authority at all. He neither directs, nor can often influence, those other chairmen who direct all the other important affairs of government. He, though the greatest of chairmen, and as great, it may be, as any other one man in the whole governmental system, is by no means at the head of the government. He is, as he feels every day, only a big wheel where there are many other wheels, some almost as big as he, and all driven, like himself, by fires which he does not kindle or tend.
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 assembly, the supreme council of the nation, would be of all things most attractive. If the presidency were competitive,—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 constitutes 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 fortitude, 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 promptitude 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 assembly 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 assemblies 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 mass 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 circumstances and this the frame of government of which the two Houses form a part. Were the Senate not supplied principally 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. 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 spaces of the rules of that august body, he will assuredly have some of his biggest corners knocked off and his angularlties 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. 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. ​Its conclusions are suggested now by one set of 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 homogeneous; 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 competitors, and is in a free government the only prize that will attract great competitors. Its attractiveness is abundantly illustrated in the operations of the British system. In England, where members ot 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 of Representatives. ​In an address delivered on a recent occasion, in the capacity of President of the Birmingham and Midland Institute, 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 noble feeling and perfect expression, but they rarely understand the circumstances of their time. They feel passionately, 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 pe[r]fection, 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 seems 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, 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 assemblies 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 constituencies 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 platitudes 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 constituency 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 clôture 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 passion or of national existence, such as ran through all he 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 unencumbered 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.” 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 assembly. 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 constitutions,” he declares, “have committed this blunder. The two most remarkable Republican institutions in the world commit it. In both the American and Swiss Constitutions 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 constitution, but to the discreetness of the members of the Chamber. In both these constitutions this dangerous division is defended by a peculiar doctrine. . . . It is said that there must be in federal government some institution, 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 assumed, 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 institution 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 Constitution by which that independence is extinguished. But it is one thing for an institution 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 coördinate 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 analysis, namely, of the English Constitution; and it must be apparent to any one who reads the passage I have just now quoted that his eye sees very keenly and truly even when he looks across sea at institutions 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 Constitution to which Mr. Bagehot refers by way of illustrative example. Under that Constitution 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 Assembly, 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 class chamber, and thus stood quite apart from anything like the principle embodied in our own Senate, which is no more a class 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 cumbersome, 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 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 constituencies 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 classes. 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 class, 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 amassed 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 class 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 class 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 constitutes 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 instituted principally 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 analysis of any successful and beneficent system of self-government will disclose the fact that its only effectual checks consist in a mixture ​elements, in a combination of seemingly contradictory political principles; that the British government is perfect in proportion as it is unmonarchiczl, 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 constitution 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 passage through the feelings and conclusions of the state legislatures, which are the Senate’s only immediate constituents. ​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,” and this it is which constitutes 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 Constitution, 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 rôles, 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 assured 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 constitutional 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 titular head. Its immediate agents, the Committees, are not the recognized constitutional 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 constitutional 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 endorsement or invite his condemnation. I do not sue for his coöperation, but challenge his critcism. And the analogy 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 unobstructed 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 scrapes, 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. ​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 dispassionate and fair. The ratification of treaties is a much more serious matter than the consideration of nominations which every session constitutes 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 standstill, because he could not. 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 assurance 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 reëlection as a vindication of that unconstitutional 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 assumed 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 coördinate 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 coördinate 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 document 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 assembles 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 ot 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 assembly 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 circumstance that he ​is awaiting the death or disability of the President. And the chief embarrassment 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.
* ↑ An attempt was once made to bring the previous question into the practices of the Senate, but it failed of success, and so that imperative form of cutting off all further discussion has fortunately never found a place there.
* ↑ As regards all financial measures indeed committee supervision is specially thorough in the Senate. “All amendments to general appropriation bills reported from the Committees of the Senate, proposing new items of appropriation, shall, one day before they are offered, be referred to the Committee on Appropriations, and all general appropriation bills shall be referred to said Committee; and in like manner amendments to bills making appropriations for rivers and harbors shall be again referred to the Committee to which such bills shall be referred.”—Senate Rule 30.
* ↑ The twenty-nine Standing Committees of the Senate are however, chosen by ballot, not appointed by the Vice-President, who is an appendage, not a member, of the Senate.
* ↑ In the Birmingham Town Hall, November 3, 1882. I quote from the report of the London Times.
* ↑ “No Senator shall speak more than twice, in any one debate, on the same day, without leave of the Senate.”—Senate Rule 4.
* ↑ These quotations from Bagehot are taken from various parts of the fifth chapter of his English Constitution.
* ↑ These are the words of Lord Rosebery—testimony from the oldest and most celebrated second chamber that exists.
* ↑ There seems to have been at one time a tendency towards a better practice. In 1813 the Senate sought to revive the early custom, in accordance with which the President delivered his messages in person, by requesting the attendance of the President to consult upon foreign affairs; but Mr. Madison declined.
* ↑ North American Review, vol. 108, p. 625.