VII.
The view is often taken that a representative is the same thing as a delegate; that he is to have, and can honestly entertain, no opinion that is at variance with the whims and the caprices of his constituents. This is the very reductio ad absurdum of representative government. That it is the dominant theory of the future there can be little doubt, for it is of a piece with the progress downward which is the invariable and unbroken tendency of republican institutions. It fits in well with manhood suffrage, rotation in office, unrestricted patronage, assessment of subordinates, an elective judiciary and the rest of it. This theory of representative institutions is the last and lowest stage in our pleasant performance of "shooting Niagara." When it shall have universal recognition and assent we shall have been fairly engulfed in the whirlpool, and the buzzard of anarchy may hopefully whet his beak for the national carcass. My view of the matter—which has the further merit of being the view held by those who founded this Government—is that a man holding office from and for the people is in conscience and honor bound to do what seems to his judgment best for the general welfare, respectfully regardless of any and all other considerations. This is especially true of legislators, to whom such specific "instructions" as constituents sometimes send are an impertinence and an insult. Pushed to its logical conclusion, the "delegate" idea would remove all necessity of electing men of brains and judgment; one man properly connected with his constituents by telegraph would make as good a legislator as another. Indeed, as a matter of economy, one representative should act for many constituencies, receiving his instructions how to vote from mass meetings in each. This, besides being logical, would have the added advantage of widening and hardening the power of the local "bosses," who, by properly managing the showing of hands could have the same beneficent influence in national affairs that they now enjoy in municipal. The plan would be a pretty good one if there were not so many other ways for the Nation to go to the Devil that it appears needless.
VIII.
With a wiser wisdom than was given to them, our forefathers in making the Constitution would not have provided that each House of Congress "shall be the judge of the elections, returns and qualifications of its own members." They would have foreseen that a ruling majority of Congress could not safely be trusted to exercise this power justly in the public interest, but would abuse it in the interest of party. A man's right to sit in a legislative body should be determined, not by that body, which has neither the impartiality, the knowledge of evidence nor the time to determine it rightly, but by the courts of law. That is how it is done in England, where Parliament voluntarily surrendered the right to say by whom the constituencies shall be represented, and there is no disposition to resume it. As the vices hunt in packs, so, too, virtues are gregarious; if our Congress had the righteousness to decide contested elections justly it would have also the self-denial not to wish to decide them at all.
IX
The purpose of the legislative custom of "eulogizing" dead members of Congress is not apparent unless it is to add a terror to death and make honorable and self-respecting members rather bear the ills they have than escape through the gates of death to others that they know a good deal about. If a member of that kind, who has had the bad luck to "go before," could be consulted he would indubitably say that he was sorry to be dead; and that is not a natural frame of mind in one who is exempt from the necessity of himself "delivering a eulogy."
It may be urged that the Congressional "eulogy" expresses in a general way the eulogist's notion of what he would like to have somebody say of himself when he is by death elected to the Lower House. If so, then Heaven help him to a better taste. Meanwhile it is a patriotic duty to prevent him from indulging at the public expense the taste that he has. There have been a few men in Congress who could speak of the character and services of a departed member with truth and even eloquence. One such was Senator Vest. Of many others, the most charitable thing that one can conscientiously say is that one would a little rather hear a "eulogy" by them than on them. Considering that there are many kinds of brains and only one kind of no brains, their diversity of gifts is remarkable, but one characteristic they have in common: they are all poets. Their efforts in the way of eulogium illustrate and illuminate Pascal's obscure saying that poetry is a particular sadness. If not sad themselves, they are at least the cause of sadness in others, for no sooner do they take to their legs to remind us that life is fleeting, and to make us glad that it is, than they burst into bloom as poets all! Some one has said that in the contemplation of death there is something that belittles. Perhaps that explains the transformation. Anyhow the Congressional eulogist takes to verse as naturally as a moth to a candle, and with about the same result to his reputation for sense.
The poetry is commonly not his own; what it violates every law of sense, fitness, metre, rhyme and taste it is. But nine times in ten it is some dog's-eared, shop-worn quotation from one of the "standard" bards, usually Shakspere. There are familiar passages from that poet which have been so often heard in "the halls of legislation" that they have acquired an infamy which unfits them for publication in a decent family newspaper; and Shakspere himself, reposing in Elysium on his bed of asphodel and moly, omits them when reading his complete works to the shades of Kit Marlowe and Ben Jonson, for their sins.