In an address delivered on a recent occasion,40 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 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 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 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 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, coördinate 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 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,