Protection of G ongressional Minorities. 21 



protest, and sometimes to delay action till public opinion can be 



roused. Unquestionably the majority right to legislate is still 



more valuable. Is there no way to save it but by cutting down 



the other set of rights? 



The present agitation over breaking and counting quorums 



is important only in so far as the minority has been driven from 



other fields of dilatory action, and that subject may be neglected 



if means can be found of restoring the more legitimate minority 



rights. 



II. 



The demoralization of the House, extending through many 

 years, has been accomplished by a series of retaliations. Whether 

 it be held that the minority first abused its rights of debate or 

 of using parliamentary motions, (even dilatory use is fair, when 

 not too frequent), or that the majority began to shut off debate 

 and motions not meant to be dilatory, each development of ob- 

 struction has been met by new repressive rules or by more mer- 

 ciless use of old ones, and this in turn by more frequent exercise 

 of such powers of obstruction as remained. The result is that 

 the minority is disabled from giving the valuable services of a 

 minority; for the more doubtful the merits of the legislation in 

 hand, the more eagerly the majority uses its silencing powers, 

 which are now great and effectual. We have the absurdity of a 

 system that makes an important right impossible when it is 

 most needed; and the absurdity will doubtless last as long as 

 the majority can decide, from day to day, how often and on 

 what subjects the minority can use its nominal privileges. 



It is pointless to say that the minority deserves its punish- 

 ment. The minority is not continuous. In each Congress it 

 suffers for the deeds of former minorities of both parties. It is 

 not the right of the minority as such, but the right of the whole 

 people to have the proper services of a minority, that needs pro- 

 tection. It is good for the state that the minority should in 

 some principal cases ( 1 ) make a conspicuous protest, and rouse 

 public opinion for expression at the next election; or, (2) gain 



