The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-26
SENATE and HOUSE OF LORDS
aNERICtN fONTRIBt TION 10
CURRENT ENGLISH POLITICS.
% We should he In E,ii Case without n
nrakr On the Popular Representative
Boti,. iiow Much " orsr England. d
the suG ge.aioa ef ~ %. t.uthrtr.


the suxge.aioa d n. %. Guthrie.
W. ID. Guthrie i'm an interview with the
New York correspondent Of the London
Standard on the British constitutional
crisis, cdbled To that newspaper last night
said
Few Of those who have studied our
history and our constitutional system 81
government can doubt the wisdom 81
the trainers II the Constitution Of the
United States in establishing the senate.
IN" direct representation of IN" separate
states in the Senate constitutes the ss-
-entially federal element IN our Govern
meni as distinguished from the nat iona !
composition of the House nf Representa-
tlvps.
In IN" first place the senate has served
ln greatest measure To protect the state
Governments from national encroach-
ment. hut ITS secondar ~ purpose of acting
as n check on hasty and III considered
legislation has been much more important
and beneficial The lower house has
been repeatedly in error through haste
and sudden impulses OF through respond
ing to public clamor. and often the sober
second thought OF the Senate has pro-
tected IN. country az large from foolish
and unwise enactments. The frequent
crudity and at times the radical absurdity
of legislation originating in the House
can he readily seen by an examination
of the records
There have bAen periods Of material
disagraements and ~ angry controversy
between House and Senate and frequently
IN" result has been to make the Senate
temporarily unpopular because checking
or restraining or thwartins tn. impatient
will ri the majority 81 the people. This
is unav oidahle The very object Of
second chamber. it's fundamental purpose
and ralson d'etrs are 20 serve as a check
and restraint. and this s~lf-rrstrsint has
b.Aan one Of the principal causes II not the
principal cause Of our success and sta
bility. MANY instances could he cited ~
hasty and Ill considered anactmen's hy
the House which would hav. done in
calculahla injury and worked serious
mischief hut which failed To pass because
IL the Senate. In fact the hest Legislative
work to-day in our country is done by
the Sanat. and not by tn" House ~
Representatives.
Many ~ our writer's have discussed
The Fsdsrnlist. Ford's edition. and the
Commentaries Of Kent and Story state
the REASONS IN favor Of the division 81
oar Congress into two chambers, and
practical experience has ahundantiy con
firm~d their views II may he confidently
asserted that in the course Of the I 20 years
under the present American system Of
two chamt'-rs or houses no Disagreement
between th. House and the Senate has
resulted in any permanent harm to the
nation ar To the people or any permanent
in jury 10 their best interests. On the
contrary. such disagraarnents have led
TO more careful investigation and study
and have generally produced beneficial
results by compelling both houses tn
proceed only after ample opportunity
for consideration
IL an American should venture TO
mako any recommendation 20 England.
dictated bv our own practical experience.
i, would certainly he TO adrnonish the
necessity Of an upper or second chamber
IN "a country where the great and funda-
rights are subjsct 10 the action
Of the Legislature. In England all the
rights which the people have secured
by Magma Charta. by the Petition Of
Right by the Habeas Corpus Act. by the
Bill Of Rights could b. abrogated nv an
act Of Parliament and no power exists
10 restrain its enforcement. With Us
our written constitutions protect theee
individual rights shield IN. minority
against tho tyranny Of temporary or
nf'arnad ma loritie- and protect us a gainst
political cabas and demagoRue- The
rourt- enforce these constitutional guar
sntea- and thus 10 "a great extent secure !
political Justice and compel the ob-srv-
lnc.. Of constitutional morality. But in
England Their. are no such restraints and !
no such protection. and in an hour Parlia- |
n.ni could pull down and throw away |
he fruits of = s,=< and the splendid heritage
n hbersy regulated and restrained by /
law. under which England has become the .
model If all truly stable. demoCraCie- /
Therefore 10 the Americans the abolition /
NJ an effective second chamber IN England
and the removal Of any check or restraint !
,Iuon the primary legislative chamber. .
'hus making one body practically -u- |
pram. would seem u measure fraughI |
with aS great danger a. II II we've now |
with us to abolish all cnnstitu- !
'ional restraints ar checks on our lsgis- |
Iator- and Confid- SOLELY 10 their di-Crs- !
ton and moderation all the guarantees |
which protect rs IN the .-n ioyin-n' Of life. |
liberty and property Indeed. 'hs ok |
p.rianc- Of France during N. Revolution |
ought 10 show the danger. II not folly. |
u Ve-tinR all l-gislativ" power IN on.
house This must h. "mphatically so IN !
|, country lik. England ~h"r. III. gov
.xacutiy" power ~ really eyer
Used hy IN. I.gislni,ir. and not bv an
eNeCUtiv" II should never
h. forgotten that in the final analysis
m. legislative and executive admins
tr.tiye powers in England are united in
on.. body and We. should be blind To IN.
lessons 81 history II We failed 10 apprec,a'.