The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-02-16

The Select Committee, TO whom were reierieu INC
Memorials of Silas Reed WIN neu'o, '"a In.,a
hava had the same under consideration, and submit
the following report;
The memorials from sundry persons, being in
printed FORM in the prayer that the injunction
of secrecy be removed from the action the Senate on
the nomination of Silas Reed to the Office OF Survey
or General of the States of Illinois and Missouri,
while that Of the individual named reiterates the
same prayer, with the addition that he be furnished
with all papers injuriously affecting his case"
TO remove the injunction of secrecy from the ac-
ton or proceedings of the Senate nominations, has
been done by the Senate, in the exercise OF its DIS
creton in many cases, and the committee therefore,
find no difficulty in recommending that II be accord
ed in this but the additional prayer OF Silas Reed
to be furnished icih papers communicated ~ c9'Vaen1e
10 the Senate, involves momenous principle, demo
ing grave consideration
With this view the committee have entered into
general examination of the practice of the Senate as
also upon consideration OF the delicate ana respoh-
sible duty imposed upon this body by the Constltu-
ton of the United States, and the means granted Dy
that authority to the independence of the body
in the free and proper discharge of such duty. In
making this examination, however, the committee
will have alluson to the peculiarities of the app
cant's case, and dsclaim any reference to circum-
stances that may have njuriousy affected the same
The power to nominate persons for office, as re-
quired by the Constitution, rests with the President
of the United States, and that to appoint, IN such
cases, is dependent upon the advice and consent OF
the Senate, except in cases Of temporary appointment
to fill vacancies that may happen during the recess,
which shall expire at the end of their next session.
With every disposition to secure the services of
faithful and capable officers for the public service i
cannot be disguised that gnsHsh, h are
,n5u that such occurrences inevitable, where the
of information are for the most part, furnish
ed by the applicants and their friends and must
sequenuy be of an parte character. To guard the
Dubr interest and honor from the induction
stations of responsibility and trust of persons unquali
fled or unworthy appears to have been the object of
that provision in the Constitution requiring the advice
and consent of the Senate, induced in part no doubt
by the probability that the knowledge of the men,
beers of that body, Individually added their facili
ties for obtaining information from the representa-
tiyes of the people and other sources, within the
States to which the nominees may belong would lead
to free and full canvass of their respective qualif
cations claims to Office And this body who have
this power in keeping and this duty to perform, will
show their fidelity to the Constitution and to the pub
lie interest in the degree as that in which
they may exert that power to scrutnize the charac
ter and qualifications of every individual whose ap
pointment to Office may be presented for their advice
and consent
BY provisions in the Constitutions the Senate is
empowered to determine the rules of its proceed
ings,p to keep journal of its proceedings and
from time to time publish the same, excepting such
parts as may, in their Judgment, require secrecy"
In pursuance OF the power thus vested in the Sc
nate, rule has been adopted prescribing that call
information or remarks, touching concerning the
character or qualifications Of any person nominated
by the President, shall be kept secret . and this ex-
ercse of power under constitutional lay, is supported
by the law OF nature as quoted by Mr. Jefferson, |
which declares that 81 all bodies of men and all public
functonaries have inherent right to do all acts
cessary to keep themselves in condition to discharge
the trusts con ded to them that whenever authori-
ties given, the means of carrying them into exc
cuton are given by necessary implication"
The existence Of this rule and the nature of this |
delicate trust should be well known every citizen
of intelligence, and more especially should both be
recognized by every asprant to office whose claims
are submitted to this ordeal the very intention
and effect of the rule to protect the character
and feelings of nominees. In vain may the plea be
urged that rejection by the Senate without an as
sgnment of cause, nhicts an unjust upon in
diyiduals as, rule to meet this plea in order to be
Just and impartial must be general and would reduce
the Senate to the Notifying alternative of exposing
the private characters OF individuals confirming
every nominee, right or wrong, without inquiry |
were this point yielded, the message of nomination
would be one of mere formaty, and the action of
the Senate thereon would degenerate into a simple
register OF appointments by the President.
fhe Senate, in the discharge of high constit,l- |
tonal duty (and all its duties more or less of
this character,) acknowledge other RESPONSE
bhty than that they owe to the Constitution, their
country, and their constituents; and, least of ALL
it acknowledge right in every rejected applicant to
its judgment had been formed. Was it intended by
the trainers of the Constitution by the people by
whom it was adopted, that the immunities of the Sc
nate of the United States-the grand inquest of the
naton-n the execution of the high and responsible
duties imposed by that Constitution, should be less
than those Of the juries of the country
The Constitution has conferred on both houses of
Congress the power to impose injunction of secre-
sy such proceedings may in their Judgment re-
spectively require it and, to secure the indepen-
of ha mi nd q
vae accountability for the performance OF public du
ty it declares that, for any speech or debate in ell
Their house, they shall not be questioned in any other
place"
Such was the strength Of the IDEAS in primitive
times, associating the solcmnity of the duties, and
confidence IN the character of the immediate Repre-
sentatves Of the States of the Unon with seclusion
from extraneous circumstances, that this body sat
with closed doors in the consideration of legsla
tive business from the adoption of the Constitution
until December, 1895, although attempts were made
at every previous to open its doors while en-
gagged in legislative and judicial proceedings; which
attempts only served to show more clearly the strength
of that IMPRESSION by the large majorltes by which
they were rendered migratory. Galleries having been
provided under previous order the doors of the Sc
nate were, by the resolution of the 9th December,
1875, thrown open to the public while that body
should be engaged in legislative and judicial proceed
ngs unless, special cases, the judgment OF the Sc
nate should otherwise direct.
But to return to the practice Of the Senate in its
Executive capacity 1t may be stated that on the
I'D of Dec 1900, il was "Resolred That all conf
dental communications made by the President Of the
United States to the Senate, shall be- by the members
thereof kept involaby secret and that all treaties
which may hereafter be laid before the Senate, shall
also he kept secret, until the Senate SHALL by their
resolution, take oil the injunction of secrecy" 1t Is
therefore to be inferred that up to that time, the
members of the Senate not considered under
any legal obligation to observe secrecy Executive
business and this inference is strengthened by the
fact that injunction of secrecy necessary as
regarded a certain treaty. and was specially imposed