On that subject, however, I hardly venture here to give an opinion.
I only declare what has been done, and express my belief that it has not been done in conformity with the wishes of the people, as it certainly has not been done in conformity with the intention of the Constitution.
In another matter a departure has been made from the conservative spirit of the Constitution. This departure is equally grave with the other, but it is one which certainly does admit of correction.
I allude to the present position assumed by many of the Senators, and to the instructions given to them by the State legislatures as to the votes which they shall give in the Senate. An obedience on their part to such instructions is equal in its effects to the introduction of universal suffrage into the elections. It makes them hang upon the people, divests them of their personal responsibility, takes away all those advantages given to them by a six years' certain tenure of office, and annuls the safety secured by a conservative method of election. Here again I must declare my opinion that this democratic practice has crept into the Senate without any expressed wish of the people. In all such matters the people of the nation has been strangely undemonstrative. It has been done as part of a system which has been used for transferring the political power of the nation to a body of trading politicians who have become known and felt as a mass, and not known and felt as individuals. I find it difficult to describe the present political position of the States in this respect. The millions of the people are eager for the Constitution, are proud of their power as a nation, and are ambitious of national greatness. But they are not, as I think, especially desirous of retaining political influences in their own hands. At many of the elections it is difficult to induce them to vote. They have among them a half-knowledge that politics is a trade in the hands of the lawyers, and that they are the capital by which those political tradesmen carry on their business.
These politicians are all lawyers. Politics and law go together as naturally as the possession of land and the exercise of magisterial powers do with us. It may be well that it should be so, as the lawyers are the best-educated men of the country, and need not necessarily be the most dishonest. Political power has come into their hands, and it is for their purposes and by their influences that the spread of democracy has been encouraged.
As regards the Senate, the recovery of its old dignity and former position is within its own power. No amendment of the Constitution is needed here, nor has the weakness come from any insufficiency of the Constitution. The Senate can assume to itself to-morrow its own glories, and can, by doing so, become the saviour of the honor and glory of the nation. It is to the Senate that we must look for that conservative element which may protect the United States from the violence of demagogues on one side, and from the despotism of military power on the other. The Senate, and the Senate only, can keep the President in check. The Senate also has a power over the Lower House with reference to the disposal of money, which deprives the House of Representatives of that exclusive authority which belongs to our House of Commons. It is not simply that the House of Representatives cannot do what is done by the House of Commons.
There is more than this. To the Senate, in the minds of all Americans, belongs that superior prestige, that acknowledged possession of the greater power and fuller scope for action, which is with us as clearly the possession of the House of Commons. The United States Senate can be conservative, and can be so by virtue of the Constitution. The love of the Constitution in the hearts of all Americans is so strong that the exercise of such power by the Senate would strengthen rather than endanger its position. I could wish that the Senators would abandon their money payments, but I do not imagine that that will be done exactly in these days.
I have now endeavored to describe the strength of the Constitution of the United States, and to explain its weakness. The great question is at this moment being solved, whether or no that Constitution will still be found equal to its requirements. It has hitherto been the main-spring in the government of the people. They have trusted with almost childlike confidence to the wisdom of their founders, and have said to their rulers--"There! in those words you must find the extent and the limit of your powers. It is written down for you, so that he who runs may read." That writing down, as it were, at a single sitting, of a sufficient code of instructions for the governors of a great nation, had not hitherto in the world's history been found to answer. In this instance it has, at any rate, answered better than in any other, probably because the words so written contained in them less pretense of finality in political wisdom than other written constitutions have assumed. A young tree must bend, or the winds will certainly break it. For myself I can honestly express my hope that no storm may destroy this tree.