Portland gazette and Maine advertiser., 1810-06-11

l.,Nin; sic ner Constitution, @ " rm
more perfect union" bY lhe organization
ofa more energetic system OF sovernment,
mower was given 10 zach House 10 with
laid from publication such parts Of all their
proceedings as they should deem proper.
Rnt ,saen w cous;de" that the powers H.
reference TO the exercise u which, under
,he Confederation, secrecy was allowed,
,..re divided in the new Constitution. She
mower CT making treaties and alliances be-
,nr vested in the Senate (toEether with the
presidenl the power n making war and
nroyiding for military operations, in both
Houses ccniointly, It IS firmly presumed
that the trainers Of the constitution did
not contemplate secret proceedings in any
other cases. Aud in what other cases can
they be necessary, or consistent with the
nrincinles of oar institutions Our polite
al system is essentially a system Of publicI-
~. The genius Of it is at war with the
course so commonly pursued by monarchic-
al cabinets aud dc spJtic diyans. So far as
our Congress have departed from lhs
original principle Of Our system, they are
Justly liable TO the censure involved IN Lord
CHArHAMs speech on a motion for the
dissolution of Parliament, in 1771. . For
a public assembly u be afraid of having
tseir deliberations published, is monstrOus
and speaks for itself. No mortal can CON
strue such a procedure To their advantage.
IL, and the practice Of locking the doors,
are sufficient to open tie eyes Of the blind
they must see that All II not well within"
III This be good doctrine IN Monarchy,
how much more so ~ 4 Republic
The question IS not, however, what ought
20 be the powers Of Congress, IN this res
pect, but what are those powers. 1t is the
olinion Of some that 2 written constitution
affords no security TO the rights Of the peo-
ple. Let us hope that this opinion is un-
Funded. II is dangerous TO adopt con-
strnctiOns of the spirit of the constitutions
II is much safer to adhere TO the letter. If
this be generally done, and the constitution
be at once correct in principle and lntelli-
g.ble in expression, how can it be otherwise
than that Il should secure our rights and
privileges Could a Lex NON SCRIP TIA,
a collection Of shreds and patches" Of le-
gisIstive, executive, and judicial opinions
and decisions, accumulated gradually IN the
progress Of ages secure them better than
this LEX scRIPrA, this plainly recorded
law, to which all can recur, and which all
Each House of Congress, then, has pow
erto conceal from the people such a portion
Of its proceedings as ii deems improper Tor
PRONUNCIATION. But this power can only be
exercised by first exercising another, that
of" determining the rules of its proceed
inCs," unless, indeed, the House shall take
the trouble, from day 20 day, Of taking a
distinct vote upon every part OF the journal
which it means to keep concealed. No
such thing exists in practice. The House
of Representatives has established particu-
larules upon this subject. 1t is provided
that when a member shall announce 70 the
House that he has a motion 70 make, the
proceedings upon which, in his opinion,
ought TO be kept secret, the doors shall be
closed, and the House shall determine, BY
a vote, whether those proceedings shall be
secret or not. The House sometimes i'm
mediately determines that the proceedings
shall not be kept secret, as III the case OF a
motion which was made for the sequestra-
ton Of debts due by the citizens of the u
nited States to British subjects. But no
instance is recollected in which the House
literally pursued lis own rule, and deter
mined, b. formal vote, that proceedings
slpon motion made with closed doors
should be kept secret. The House, there
fore, does not, IN the cases mentioned, pur-
sue the letter of the constitution and OF It's
own rule which is intended 10 carry that
provision OF the constitution into effect.
How far, then, is the rule obligatory upon
the members
Another rule provides that when conf
Dental me ssage IS received from the Presi-
dent, the proceedings upon such message
shall be secret, until the House shall other
wise determine. But nothing is said res
pecting documents which may be commu.
nicated with The message. These form, in
fact, no Part ofthe =" proceedings" OF the
House, being merely matter of information
70 bear upon those proceedings. They are
never recorded in the " journal Of It's pro-
ceedings," and it is only 8 such PARIS OF
the g journal Of its proceedings" IS "may
IN their Judgment require secrecy that thsv
have right 10 conceal This viii lead Us
70 the investigation Of " deep question"