Congressional Government, Chapter II: The House of Representatives

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Like a vast picture thronged with figures of equal prominence and crowded with elaborate and obtrusive details, Congress is hard to see satisfactorily and appreciatively at a single view and from a single stand-point. Its complicated forms and diversified structure confuse the vision, and conceal the system which underlies its composition. It is too complex to be understood without an effort, without a careful and systematic process of analysis. Consequently, very few people do understand it, and its doors are practically shut against the comprehension of the public at large. If Congress had a few authoritative leaders whose figures were very distinct and very conspicuous to the eye of the world, and who could represent and stand for the national legislature in the thoughts of that very numerous, and withal very respectable, class of persons who must think specifically and in concrete forms when they think at all, those persons who can make something out of men but very little out of intangible generalizations, it would be quite within the region of possibilities for the majority of serious confusion of thought. I suppose that almost everybody who just now gives any heed to the policy of Great Britain, with regard even to the reform of the franchise and other like strictly legislative questions, thinks of Mr. Gladstone and his colleagues rather than of the House of Commons, whose servants they are. The question is not, What will Parliament do? but, What will Mr. Gladstone do? And there is even less doubt that it is easier and more natural to look upon the legislative designs of Germany as locked up behind Bismarck’s heavy brows than to think of them as dependent upon the determinations of the Reichstag, although as a matter of fact its consent is indispensable even to the plans of the imperious and domineering Chancellor.

But there is no great minister or ministry to represent the will and being of Congress in the common thought. The Speaker of the House of Representatives stands as near to the leadership as any one; but his will does not run as a formative and imperative power in legislation much beyond the appointment of the committees who are to lead the House and do its work for it, and it is, therefore, not entirely satisfactory to the public mind to trace all legislation to him. He may have a controlling hand in starting it; but he sits too still in his chair, and is too evidently not on the floor of the body over which he presides, to make it seem probably to the ordinary judgment that he has much immediate concern in legislation after it is once set afoot. Everybody knows that he is a staunch and avowed partisan, and that he likes to make smooth, whenever he can, the legislative paths of his party; but it does not seem likely that all important measures originate with him, or that he is the author of every distinct policy. And in fact he is not. He is a great party chief, but the hedging circumstances of his official position as presiding officer prevent his performing the part of active leadership. He appoints the leaders of the House, but he is not himself its leader.

The leaders of the House are the chairmen of the principal Standing Committees. Indeed, to be exactly accurate, the House has as many Standing Committees as there are leading classes of legislation, and in the consideration of every topic of business the House is guided by a special leader in the person of the chairman of the Standing Committee, charged with the superintendence of measures of the particular class to which that topic belongs. It is this multiplicity of leaders, this many-headed leadership, which makes the organization of the House too complex to afford uninformed people and unskilled observers any easy clue to its methods of rule. For the chairmen of the Standing Committees do not constitute a cooperative body like a ministry. They do not consult and concur in the adoption of homogeneous and mutually helpful measures; there is no thought of acting in concert. Each Committee goes its own way at its own pace. It is impossible to discover any unity or method in the disconnected and therefore unsystematic, confused, and desultory action of the House, or any common purpose in the measures which its Committees from time to time recommend.

And it is not only to the unanalytic thought of the common observer who looks at the House from the outside of its doings seem helter-skelter, and without comprehendible rule; it is not at once easy to understand them when they are scrutinized in their daily headway through open session by one who is inside the House. The newly-elected member, entering its doors for the first time, and with no more knowledge of its rules and customs than the more intelligent of his constituents possess, always experiences great difficulty in adjusting his preconceived ideas of congressional live to the strange and unlooked-for conditions by which he finds himself surrounded after he has been sworn in and has become a part of the great legislative machine. Indeed there are generally many things connected with his career in Washington to disgust and dispirit, if not to aggrieve, the new member. In the first place, his local reputation does not follow him to the federal capital. Possibly the members from his own State know him, and receive him into full fellowship; but no one else knows him, except as an adherent of this or that party, or as a new-comer from this or that State. He finds his station insignificant, and his identity indistinct. But this social humiliation which he experiences in circles in which to be a congressman does not of itself confer distinction, because it is only to be one among many, is probably not to be compared with the chagrin and disappointment which come in company with the inevitable discovery that he is equally without weight or title to consideration in the House itself. No man, when chosen to the membership of a body possessing great powers and exalted prerogatives, likes to find his activity repressed, and himself suppressed, by imperative rules and precedents which seem to have been framed for the deliberate purpose of making usefulness unattainable by individual members. Yet such the new member finds the rules and precedents have grown, not out of set purpose to curtail the privileges of new members as such, but out of the plain necessities of business; it remains the fact that he suffers under their curb, and it is not until “custom hath made it in him a property of easiness” that he submits to them with anything like good grace.

Not all new members suffer alike, of course, under this trying discipline; because it is not every new member that comes to his seat with serious purposes of honest, earnest, and duteous work. There are numerous tricks and subterfuges, soon learned and easily used, by means of which the most idle and self-indulgent members may readily make such show of exemplary diligence as will quite satisfy, if it does not positively delight, constituents in Buncombe. But the number of congressmen who deliberately court uselessness and counterfeit well-doing is probably small. The great majority doubtless have a keen enough sense of their duty and a sufficiently unhesitating desire to do it; and it may safely be taken for granted that the zeal of new members is generally hot and insistent. If it be not hot to begin with, it is like to become so by reason of friction with the rules, because such men must inevitably be chafed by the bonds of restraint drawn about them by the inexorable observances of the House.

Often the new member goes to Washington as the representative of a particular line of policy, having been elected, it may be, as an advocate of free trade, or as a champion of protection; and it is naturally his first care upon entering on his duties to seek immediate opportunity for the expression of his views and immediate means of giving them definite shape and thrusting them upon the attention of Congress. His disappointment is, therefore, very keen when he finds both opportunity and means denied to him. He can introduce his bill; but that is all he can do, and he must do that at a particular time and in a particular manner. This he is likely to learn through rude experience, if he be not cautious to inquire beforehand the details of practice. He is likely to make a rash start, upon the supposition that Congress observes the ordinary rules of parliamentary practice to which he has become accustomed in the debating clubs familiar to his youth, and in the mass-meetings known to his later experience. His bill is doubtless ready for presentation early in the session, and some day, taking advantage of a pause in the proceedings, when there seems to be no business before the House, he rises to read it and move its adoption. But he finds getting the floor an arduous and precarious undertaking. There are certain to be others who want it as well as he; and his indignation is stirred by the fact that the Speaker does not so much as turn towards him, though he must have heard his call, but recognizes some one else readily and as a matter of course. If he be obstreperous and persistent in his cries of “Mr. Speaker,” he may get that great functionary’s attention for a moment, – only to be told, however, that he is out of order, and that his bill can be introduced at that stage only by unanimous consent: immediately there are mechanically-uttered but emphatic exclamations of objection, and he is forced to sit down confused and disgusted. He has, without knowing it, obtruded himself and the way of the “regular order of business,” and been run over in consequence, without being quite clear as to how the accident occurred.

Moved by the pain and discomfiture of this first experience to respect, if not to fear, the rules, the new members casts about, by study or inquiry, to find out, if possible, the nature and occasion of his privileges. He learns that his only safe day is Monday. On that day the roll of the States is called, and members may introduce bills as their States are reached in the call. So on Monday he essays another bout with the rules, confident this time of being on their safe side, – but mayhap indiscreetly and unluckily over-confident. For if he supposes, as he naturally will, that after his bill has been sent up to be read by the clerk he may say a few words in its behalf, and in that belief sets out upon his long-considered remarks, he will be knocked down by the rules as surely as he was on the first occasion when he gained the floor for a brief moment. The rap of Mr. Speaker’s gavel is sharp, immediate and peremptory. He is curtly informed that no debate is in order; the bill can only be referred to the appropriate Committee.

This is, indeed, disheartening; it is his first lesson on committee government, and the master’s rod smarts; but the sooner he learns the prerogatives and powers of the Standing Committees the sooner will he penetrate the mysteries of the rules and avoid the pain of further contact with their thorny side. The privileges of the Standing Committees are the beginning and the end of the rules. Both the House of Representatives and the Senate conduct their business by what may figuratively, but not inaccurately, be called an odd device of disintegration. The House virtually both deliberates and legislates in small sections. Time would fail it to discuss all the bills brought in, for they every session number thousands; and it is to be doubted whether, even if time allowed, the ordinary processes of debate and amendment would suffice to sift the chaff from the wheat in the bushels of bills every week piled upon the clerk’s desk. Accordingly, no futile attempt is made to do anything of the kind. The work is parceled out, most of it to the forty-seven Standing Committees which constitute the regular organization of the House, some of it to select committees appointed for special and temporary purposes. Each of the almost numberless bills that come pouring in on Mondays is “read a first and second time,” -simply perfunctorily read, that is, by its title, by the clerk, and passed by silent assent through its first formal courses, for the purpose of bringing it to the proper stage for commitment, – and referred without debate to the appropriate Standing Committee. Practically, no bill escapes commitment – save, of course, bills introduced by committees, and a few which may now and then be crowed through under a suspension of rules, granted by a two-thirds vote – though the exact disposition to be made of a bill is not always determined easily and as a matter of course. Besides the great Committee of Ways and Means and the equally great Committee on Appropriations, there are Standing Committees on Banking and Currency, on Claims, on Commerce, on the Public Lands, on Post-Offices and Post-Roads, on the Judiciary, on Public Expenditures, on Manufactures, on Agriculture, on Military Affairs, on Naval Affairs, on Mines and Mining, on Education and Labor, on Patents, and on a score of other branches of legislative concern; but careful and differential as is the topical division of the subjects of legislation which is represented in the titles of these Committees, it is not always evident to which Committee each particular bill should go. Many bills affect subjects which may be regarded as lying as properly within the jurisdiction of one as of another of the Committees; for no hard and fast lines separate the various classes of business which the Committees are commissioned to take in charge. Their jurisdictions overlap at many points, and it must frequently happen that bills are read with cover just this common ground. Over the commitment of such bills sharp and interesting skirmishes often take place. There is active competition for them, the ordinary, quiet routine of matter-of-course reference being interrupted by rival motion seeking to give very different directions to the disposition to be made of them. To which Committee should a bill “to fix and establish the maximum rates of fares of the Union Pacific and central Pacific Railroads” be sent, – to the Committee on Commerce or to the Committee on the Pacific Railroads? Should a bill which prohibits the mailing of certain classes of letters and circulars go to the Committee on Post-Offices and Post-Roads, because it relates to the mails, or to the Committee on the Judiciary, because it proposes to make any transgression of its prohibition a crime? What is the proper disposition of any bill which thus seems to lie within two distinct committee jurisdictions?

The fate of bills committed is generally not uncertain. As a rule, a bill committed is a bill doomed. When it goes from the clerk’s desk to a committee-room it crosses a parliamentary bridge of sighs to dim dungeons of silence whence it will never return. The means and time of its death are unknown, but its friends never see it again. Of course no Standing Committee is privileged to take upon itself the full powers of the House it represents, and formally and decisively reject a bill referred to it; its disapproval, if it disapproves, must be reported to the House in the form of a recommendation that the bill “do no pass.” But it is easy, and therefore common, to let the session pass without making any report at all upon bills deemed objectionable or unimportant, and to substitute for reports upon them a few bills of the Committee’s own drafting; so that thousands of bills expire with the expiration of each congress, not having been rejected, but having been simply neglected. There was not time to report upon them.

Of course it goes without saying that the practical effect of this Committee organization of the House is to consign to each of the Standing Committees the entire direction of legislation upon hose subjects which properly come to its consideration. As to those subjects it is entitled to the initiative, and all legislative action with regard to them is under its overruling guidance. It gives shape and course to the determinations of the House. In one respect, however, its initiative is limited. Even a Standing Committee cannot report a bill whose subject-matter has not been referred to it by the House, “by the rules or otherwise”; it cannot volunteer advice on questions upon which its advice has not been asked. But this is not a serious, not even an operative, limitation upon its functions of suggestion and leadership; for it is a very simples matter to get referred to it any subject it wishes to introduce to the attention of the House. Its chairman, or one of its leading members, frames a bill covering the point upon which the Committee wishes to suggest legislation; brings it in, in his capacity as a private member, on Monday, when the call of Sates is made; has it referred to his Committee; and thus secures an opportunity for the making of the desired report.

It is by this imperious authority of the standing Committees that the new member is stayed and thwarted whenever he seeks to take an active part in the business of the House. Turn which way he may, some privilege of the Committees stands in his path. The rules are so framed as to put all business under their management; and one of the discoveries which the new member is sure to make albeit after many trying experiences and sobering adventures and as his first session draws towards its close, is, that under their sway freedom of debate finds no place of allowance, and that his long-delayed speech must remain unspoken. For even a long congressional session is too short to afford time for a full consideration of all the reports of the forty-seven Committees, and debate upon them must be rigidly cut short, if not altogether excluded, if any considerable part of the necessary business is to be gotten through with before adjournment. There are some subjects to which the House must always give prompt attention; therefore reports from the Committees on Printing and on Elections are always in order; and there are some subjects to which careful consideration must always be accorded; therefore the Committee of Ways and Means and the Committee on Appropriations are clothed with extraordinary privileges; and revenue and supply bills may be reported, and will ordinarily be considered, at any time. But these four are the only specially licensed Committees. The rest must take their turns in fixed order as they are called on by the Speaker, contenting themselves with such crumbs of time as fall from the tables of the four Committees of highest prerogative.

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