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North America-2 [134]

By Root 802 0
is short; and one is disposed to think, when first hearing it, that the thing itself does not amount to much. But it does amount to very much; it enables the Senate to fetter the President, if the Senate should be so inclined, both as regards foreign politics and home politics. A Secretary for Foreign Affairs at Washington may write what dispatches he pleases without reference to the Senate; but the Senate interferes before those dispatches can have resulted in any fact which may be detrimental to the nation. It is not only that the Senate is responsible for such treaties as are made, but that the President is deterred from the making of treaties for which the Senate would decline to make itself responsible. Even though no treaty should ever be refused its sanction by the Senate, the protecting power of the Senate in that matter would not on that account have been less necessary or less efficacious. Though the bars with which we protect our house may never have been tried by a thief, we do not therefore believe that our house would have been safe if such bars had been known to be wanting. And then, as to that matter of State appointments, is it not the fact that all governing power consists in the selection of the agents by whom the action of government shall be carried on? It must come to this, I imagine, when the argument is pushed home. The power of the most powerful man depends only on the extent of his authority over his agents. According to the Constitution of the United States, the President can select no agent either at home or abroad, for purposes either of peace or war, or to the employment of whom the Senate does not agree with him. Such a rule as this should save the nation from the use of disreputable agents as public servants. It might perhaps have done much more toward such salvation than it has as yet effected, and it may well be hoped that it will in future do more. Such are the executive powers of the Senate; and it is, I think, remarkable that the Senate has always used these powers with extreme moderation. It has never shown a factious inclination to hinder government by unnecessary interference, or a disposition to clip the President's wings by putting itself altogether at variance with him. I am not quite sure whether some fault may not have lain on the other side; whether the Senate may not have been somewhat slack in exercising the protective privileges given to it by the Constitution. And here I cannot but remark how great is the deference paid to all governors and edicts of government throughout the United States. One would have been disposed to think that such a feeling would be stronger in an old country such as Great Britain than in a young country such as the States. But I think that it is not so. There is less disposition to question the action of government either at Washington or at New York, than there is in London. Men in America seem to be content when they have voted in their governors, and to feel that for them all political action is over until the time shall come for voting for others. And this feeling, which seems to prevail among the people, prevails also in both Houses of Congress. Bitter denunciations against the President's policy or the President's ministers are seldom heard. Speeches are not often made with the object of impeding the action of government. That so small and so grave a body as the Senate should abstain from factious opposition to the government when employed on executive functions, was perhaps to be expected. It is of course well that it should be so. I confess, however, that it has appeared to me that the Senate has not used the power placed in its hands as freely as the Constitution has intended, But I look at the matter as an Englishman, and as an Englishman I can endure no government action which is not immediately subject to parliamentary control. Such are the governing powers of the United States. I think it will be seen that they are much more limited in their scope of action than with us; but within that scope of action much more
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