The American Commonwealth. Viscount James Bryce
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The quorum of the House, as of the Senate, is a majority of the whole number. Till the Fifty-first Congress the custom had been to treat as absent all members who did not answer to their names on a roll call, but in 1890, one party persistently refusing to answer in order to prevent the transaction of business, Speaker Reed asserted the right of counting for the purposes of a quorum all he saw present. A rule was then passed directing him so to count. This was dropped in the next Congress but in 1894 restored, substituting two tellers for the Speaker.
The electoral franchise on which the House is elected is for each state the same as that by which the members of the more numerous branch of the state legislature are chosen. Originally franchises varied much in different states; and this was a principal reason why the Convention of 1787 left the matter to the states to settle: now what is practically manhood (which in five states includes womanhood) suffrage prevails in the Northern and Western states. A state, however, has a right of limiting the suffrage as it pleases, and many states do exclude persons convicted of crime, paupers, illiterates, etc. By the Fifteenth Amendment to the Constitution (passed in 1870) “the right of citizens of the United States to vote shall not be denied or abridged by any State on account of race, colour, or previous condition of servitude,” while by the Fourteenth Amendment (passed in 1868) “the basis of representation in any State is reduced in respect of any male citizens excluded from the suffrage, save for participation in rebellion or other crimes.” This was designed to give the former slave states a motive for keeping their suffrage wide, but the fact remains that the franchise by which the federal legislature is chosen may differ, and does in some points actually differ in different parts of the Union.4
Members are elected for two years, and the election always takes place in the even years, 1912, 1914, and so forth. Thus the election of every second Congress coincides with that of a president; and admirers of the Constitution find in this arrangement another of their favourite “checks,” because while it gives the incoming president a Congress presumably, though by no means necessarily, of the same political complexion as his own, it enables the people within two years to express their approval or disapproval of his conduct by sending up another House of Representatives which may support or oppose the policy he has followed. The House does not in the regular course of things meet until a year has elapsed from the time when it has been elected, though the president may convoke it sooner, i.e, a House elected in November 1914 will not meet till December 1915, unless the president summons it in “extraordinary session” some time after March 4, 1915, when the previous House expires. This summons has been issued fifteen times since 1789. It so often brought ill luck to the summoning president that a sort of superstition against it grew.5 The question is often mooted whether a new Congress ought not by law to meet within six months after its election, for there are inconveniences in keeping an elected House unorganized and Speakerless for a twelvemonth. But the country is not so fond of Congress as to desire more of it. It is a singular result of the present arrangement that the old House continues to sit for nearly four months after the members of the new House have been elected, and that a measure may still be passed in the expiring Congress, against which the country has virtually pronounced at the general elections already held for its successor. In the Fifty-first Congress the House voted more than five-hundred millions of dollars in its appropriation bills after a new Congress had been elected, and when therefore it had in strictness no longer any constituents.
The expense of an election varies greatly from district to district. Sometimes, especially in great cities where illegitimate expenditure is more frequent and less detectible than in rural districts, it rises to a sum of $10,000 or more; sometimes it is trifling.6 No estimate of the average can be formed, because no returns of congressional election expenses are required by law; but as a rule a seat costs less than one for a county division does in England.7 A candidate, unless very wealthy, is not expected to pay the whole expense out of his own pocket, but is aided often by the local contributions of his friends, sometimes by a subvention from the election funds of the party in the state. All the official expenses, such as for clerks, polling booths, etc., are paid by the public. Although bribery is not rare, comparatively few elections are impeached, for the difficulty of proof is increased by the circumstance that the House, which is the investigating and deciding authority, does not meet till a year after the election. As a member is elected for two years only, and the investigation would probably drag on during the whole of the first session, it is scarcely worth while to dispute the return for the sake of turning him out for the second session.8 In many states, drinking places are closed on the election day.
Among the members of the House there are few young men, and still fewer old men. The immense majority are between forty and sixty. Lawyers abound, including in that term both those who in Great Britain are called barristers or advocates, and those who are called attorneys, there being in America no distinction between these two branches of the profession. An analysis of the House in the Fiftieth Congress showed that 203 members, or nearly two-thirds of the whole number, had been trained or had practiced as lawyers, and in subsequent Congresses the proportions have varied but little. In the Sixty-first the proportion of lawyers was slightly larger, especially among Southern members. Of course many of these had practically dropped law as a business and given themselves wholly to politics. Next in number come the men engaged in manufactures or commerce, in agriculture, or banking, or journalism, but no one of these occupations counted one-third so many members.9 Ministers of religion are very rare; there were, however, two in the Fifty-second Congress. No military or naval officer, and no person in the civil service of the United States, can sit. Scarcely any of the great railway men go into Congress, a fact of much significance when one considers that they are really the most powerful people in the country; and of the numerous lawyer members very few are leaders of the bar in their respective states. The reason is the same in both cases. Residence in Washington makes practice at the bar of a great city difficult or impossible, and men in lucrative practice would not generally sacrifice their profession in order to sit in the House, while railway managers or financiers are too much engrossed by their business to be able to undertake the duties of a member. The absence of railway men by no means implies the absence of railway influence, for it is as easy for a company to influence legislation from without Congress as from within.
Most members, including nearly all Western men, have received their early education in the common schools, but rather more than one-half of the whole number have also graduated in a university or college. This does not necessarily mean what it would mean in Europe, for some of the smaller colleges are no better than English grammar schools and not as good as German gymnasia. It is noticeable that in the accounts of their career which members prepare for the pages of the Congressional Directory, they usually dwell upon the fact of their graduation, or state that they have “received an academic education.” 10 Less than half have served in the legislature of their own state. In the Sixty-second Congress (1911–13) 128 out of 394 had sat in a state legislature. Not many are wealthy, and few are very poor, while hardly any were at the time of their election working men. Of course no one could be a working man while he sits, for he would have no time to spare for his trade, and the salary would more than meet his wants. Nothing prevents an artisan from being returned to Congress, but there seems little disposition among the working classes to send one of themselves;11 and the nomination system interposes obstacles to their standing as candidates of either of the great parties, though they sometimes stand as Labour men or Socialists.
A member of the House enjoys the title of Honourable, which is given to him not merely within the House (as in England), but in the world