SPEECH IN THE SENATE, ON THE PROPOSITION TO LIMIT THE SECRET
SESSIONS OF THE SENATE, APRIL 6, 1853.
The following resolution was submitted by Mr. Chase, of Ohio.
"_Resolved_, That all sessions and all proceedings of the Senate
shall be public and open, except when matters communicated in
confidence by the President shall be received and considered,
and in such other cases as the Senate by resolution from time to
time shall specially order; and so much of the thirty-eighth,
thirty-ninth, and fortieth rules as may be inconsistent with this
rule is hereby rescinded."
In the debate which ensued, Mr. Sumner spoke as follows.
Mr. President,--Party allusions and party considerations have been
brought to bear upon this question. I wish to regard it for a moment in
the light of the Constitution, and in the spirit of our institutions.
In the Constitution there is no injunction of secrecy on any of the
proceedings of the Senate; nor is there any requirement of publicity.
To the Senate is left the determination of its rules of proceeding.
Thus abstaining from all regulation of this matter, the framers of
the Constitution obviously regarded it as in all respects within the
discretion of the Senate, to be exercised from time to time as it
thinks best.
The Senate possesses three important functions: _first_, the
legislative or parliamentary power, where it acts concurrently with
the House of Representatives, as well as the President; _secondly_,
the diplomatic power, or that of "advice and consent" to treaties with
foreign countries in concurrence with the President; and, _thirdly_,
the executive power, or that of "advice and consent" to nominations
by the President for offices under the Constitution. I say nothing
of another, rarely called into activity, the sole power to try
impeachments.
At the first organization of the Government, the proceedings of the
Senate, whether in legislation or on treaties or nominations, were
with closed doors. In this respect legislative business and executive
business were alike. This continued down to the second session of the
Third Congress, in 1794, when, in pursuance of a formal resolution,
the galleries were opened so long as the Senate were engaged in their
legislative capacity, unless where, in the opinion of the Senate,
secrecy was required; and this rule has continued ever since. Here was
an exercise of discretion, in obvious harmony with public sentiment and
the spirit of our institutions.
The change now proposed goes still further. It opens the doors
on all occasions, whether legislative or executive, except when
specially ordered otherwise. The Senator from South Carolina [Mr.
BUTLER] says that the Senate is a confidential body, and
should be ready to receive confidential communications from the
President. But this will still be the case, if we adopt the resolution
now submitted to us. The limitation proposed seems adequate to all
exigencies, while the general rule will be publicity. Executive
sessions with closed doors, shrouded from the public gaze and public
criticism, constitute an exceptional part of our system, too much in
harmony with the proceedings of other Governments less liberal in
character. The genius of our institutions requires publicity. The
ancient Roman, who bade his architect so to construct his house that
his guests and all that he did could be seen by the world, is a fit
model for the American people.