One very obvious comment to be made upon habits of procedure so palpably pernicious is, that nothing could be more natural under rules which repress individual action with so much stringency. Then, too, the mills of the Committees are known to grind slowly, and a very quick and easy way of getting rid of minor items of business is to let particular bills, of apparently innocent meaning or laudable intent, run through without commitment. There must be some outlet, too, through which the waters of delayed and accumulated business may be drained off as the end of a session draws near. Members who know how to take the House at an indulgent moment, and can in a few words make out a primâ facie case for the action they urge, can almost always secure a suspension of the rules.
To speak very plainly, it is wonderful that under such a system of government legislation is not oftener at sixes and sevens than it actually is. The infinitely varied and various interests of fifty millions of active people would be hard enough to harmonize and serve, one would think, were parties efficiently organized in the pursuit of definite, steady, consistent policies; and it is therefore simply amazing to find how few outrageously and fatally foolish, how few bad or disastrous, things have been done by means of our disintegrate methods of legislation. The Committees of the House to whom the principal topics of legislation are allotted number more than thirty. We are ruled by a score and a half of "little legislatures." Our legislation is conglomerate, not homogeneous. The doings of one and the same Congress are foolish in pieces and wise in spots. They can never, except by accident, have any common features. Some of the Committees are made up of strong men, the majority of them of weak men; and the weak are as influential as the strong. The country can get the counsel and guidance of its ablest representatives only upon one or two subjects; upon the rest it must be content with the impotent service of the feeble. Only a very small part of its most important business can be done well; the system provides for having the rest of it done miserably, and the whole of it taken together done at haphazard. There could be no more interesting problem in the doctrine of chances than that of reckoning the probabilities of there being any common features of principle in the legislation of an opening session. It might lighten and divert the leisure of some ingenious mathematician to attempt the calculation.
It was probably some such reflections as these which suggested the proposal, made not long since in the House, that there should be appointed, along with the usual Standing Committees, a new committee which should be known as the Executive Committee of the House, and should be empowered to examine and sort all the bills reported favorably by the other Standing Committees, and bring them forward in what might seem to it the order of their importance; a committee which should, in short, digest pending measures and guide the House in arranging its order of business. But it is seriously to be doubted whether such an addition to the present organization would do more than tighten the tyranny of committee rule and still further restrict freedom of debate and action. A committee to superintend committees would add very little to the efficiency of the House, and would certainly contribute nothing towards unifying legislation, unless the new committee were to be given the power, not yet thought of, of revising the work of the present Standing Committees. Such an executive committee is not quite the device needed.
Apparently committee government is but one of many experiments in the direction of the realization of an idea best expressed—so far as my reading shows—by John Stuart Mill; and is too much like other experiments to be quite as original and unique as some people would like to believe. There is, said Mr. Mill, a "distinction between the function of making laws, for which a numerous popular assembly is radically unfit, and that of getting good laws made, which is its proper duty, and cannot be satisfactorily fulfilled by any other authority;" and there is, consequently, "need of a legislative commission, as a permanent part of the constitution of a free country; consisting of a small number of highly-trained political minds, on whom, when parliament has determined that a law shall be made, the task of making it should be devolved; parliament retaining the power of passing or rejecting the bill when drawn up, but not of altering it otherwise than by sending proposed amendments to be dealt with by the commission."25 It would seem, as I have said, that committee government is one form of the effort, now making by all self-governing peoples, to set up a satisfactory legislative commission somewhat after this order; and it might appear to some as if the proposed executive committee were a slight approximation to that form of the effort which is typified in the legislative functions of the British cabinet. It cannot, of course, be claimed that the forty-eight legislative commissions of the House of Representatives always answer the purpose when the House wants to get good laws made, or that each of them consists invariably of "a small number of highly-trained political minds;" but everybody sees that to say that they fall short of realizing the ideal would be nothing less than hypercritical.
In saying that our committee government has, germinally, some of the features of the British system, in which the ministers of the crown, the cabinet, are chosen from amongst the leaders of the parliamentary majority, and act not only as advisers of the sovereign but also as the great standing committee or "legislative commission" of the House of Commons, guiding its business and digesting its graver matters of legislation, I mean, of course, only that both systems represent the common necessity of setting apart some small body, or bodies, of legislative guides through whom a "big meeting" may get laws made. The difference between our device and the British is that we have a Standing Committee, drawn from both parties, for the consideration of each topic of legislation, whereas our English cousins have but a single standing committee that is charged with the origination of legislation,—a committee composed of the men who are recognized as the leaders of the party dominant in the state, and who serve at the same time as the political heads of the executive departments of the government.
The British system is perfected party government. No effort is made in the Commons, such as is made in the House of Representatives in the composition of the Committees, to give the minority a share in law-making. Our minorities are strongly represented on the Standing Committees; the minority in the Commons is not represented at all in the cabinet. It is this feature of closely organized party government, whereby the responsibility for legislation is saddled upon the majority, which, as I have already pointed out, gives to the debates and action of parliament an interest altogether denied to the proceedings of Congress. All legislation is made a contest for party supremacy, and if legislation goes wrong, or the majority becomes discontented with the course of policy, there is nothing for it but that the ministers should resign and give place to the leaders of the Opposition, unless a new election should procure for them a recruited following. Under such a system mere silent voting is out of the question; debate is a primary necessity. It brings the representatives of the people and the ministers of the Crown face to face. The principal measures of each session originate with the ministers, and embody the policy of the administration. Unlike the reports of our Standing Committees, which are intended to be simply the digested substance of the more sensible bills introduced by private members, the bills introduced into the House of Commons by the cabinet embody the definite schemes of the government; and the fact that the Ministry is made up of the leaders of the majority and represents always the principles of its party, makes the minority only the more anxious to have a chance to criticise its proposals. Cabinet government is a device for bringing the executive and legislative branches into harmony and coöperation without uniting or confusing their functions. It is as if the majority in the Commons deputized its leaders to act as the advisers of the Crown and the superintendents of the public business, in order that they might have the advantage of administrative knowledge and training in advising legislation and drafting laws to be submitted to parliament. This arrangement enlists the majority in behalf of successful administration without giving the ministers any power to coerce or arbitrarily influence legislative action. Each session of the Lords and Commons becomes a grand inquest into the affairs of the empire. The two estates sit as it were in committee on the management of the public business—sit with open doors, and spare themselves no fatigue in securing for every interest represented a full, fair, and impartial hearing.
It