was adopted when it was six days' hard traveling from New York to Boston; when to cross East River was to venture a perilous voyage; when men were thankful for weekly mails; when the extent of the country's commerce was reckoned not in millions but in thousands of dollars; when the country knew few cities, and had but begun manufactures; when Indians were pressing upon near frontiers; when there were no telegraph lines, and no monster corporations. Unquestionably, the pressing problems of the present moment regard the regulation of our vast systems of commerce and manufacture, the control of giant corporations, the restraint of monopolies, the perfection of fiscal arrangements, the facilitating of economic exchanges, and many other like national concerns, amongst which may possibly be numbered the question of marriage and divorce; and the greatest of these problems do not fall within even the enlarged sphere of the federal government; some of them can be embraced within its jurisdiction by no possible stretch of construction, and the majority of them only by wresting the Constitution to strange and as yet unimagined uses. Still there is a distinct movement in favor of national control of all questions of policy which manifestly demand uniformity of treatment and power of administration such as cannot be realized by the separate, unconcerted action of the States; and it seems probable to many that, whether by constitutional amendment, or by still further flights of construction, yet broader territory will at no very distant day be assigned to the federal government. It becomes a matter of the utmost importance, therefore, both for those who would arrest this tendency, and for those who, because they look upon it with allowance if not with positive favor, would let it run its course, to examine critically the government upon which this new weight of responsibility and power seems likely to be cast, in order that its capacity both for the work it now does and for that which it may be called upon to do may be definitely estimated.
Judge Cooley, in his admirable work on "The Principles of American Constitutional Law," after quoting Mr. Adams's enumeration of the checks and balances of the federal system, adds this comment upon Mr. Adams's concluding statement that that system is an invention of our own. "The invention, nevertheless, was suggested by the British Constitution, in which a system almost equally elaborate was then in force. In its outward forms that system still remains; but there has been for more than a century a gradual change in the direction of a concentration of legislative and executive power in the popular house of Parliament, so that the government now is sometimes said, with no great departure from the fact, to be a government by the House of Commons." But Judge Cooley does not seem to see, or, if he sees, does not emphasize the fact, that our own system has been hardly less subject to "a gradual change in the direction of a concentration" of all the substantial powers of government in the hands of Congress; so that it is now, though a wide departure from the form of things, "no great departure from the fact" to describe ours as a government by the Standing Committees of Congress. This fact is, however, deducible from very many passages of Judge Cooley's own writings; for he is by no means insensible of that expansion of the powers of the federal government and that crystallization of its methods which have practically made obsolete the early constitutional theories, and even the modified theory which he himself seems to hold.
He has tested the nice adjustment of the theoretical balances by the actual facts, and has carefully set forth the results; but he has nowhere brought those results together into a single comprehensive view which might serve as a clear and satisfactory delineation of the Constitution of to-day; nor has he, or any other writer of capacity, examined minutely and at length that internal organization of Congress which determines its methods of legislation, which shapes its means of governing the executive departments, which contains in it the whole mechanism whereby the policy of the country is in all points directed, and which is therefore an essential branch of constitutional study. As the House of Commons is the central object of examination in every study of the English Constitution, so should Congress be in every study of our own. Any one who is unfamiliar with what Congress actually does and how it does it, with all its duties and all its occupations, with all its devices of management and resources of power, is very far from a knowledge of the constitutional system under which we live; and to every one who knows these things that knowledge is very near.
II.
The House of Representatives.
No more vital truth was ever uttered than that freedom and free institutions cannot long be maintained by any people who do not understand the nature of their own government.
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 the nation to follow the course of legislation without any very 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 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 probable 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 leaders as there are subjects of legislation; for there are 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 coöperative 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