The Washington critic., 1886-03-17
WASHINGTON, MARCH II, 1886.
OUR MODERN STAR CHAMBER.

j JNNAulNllt it'iNlit 'f'lN'Ns
COastitWfiOH L, s., IH L., SEC. ,.
Each house may determine the Rules of its
I&L
1t is in these provisions of the Con.
stitution, and these alone, that the
Senate finds its authority for secret
executive sessions II will be observed
that they confer upon leach house
the authority which the Senate alone
exercises; also that secrecy may be cX.
tended to legislative as wcllas to cyccu
tive business.
The House of Representatives has
never transacted any business with
closed doors, although 1t has cpnsilcrc
questions the agitation of which was
full of danger to the public peace L.
has debated whether to vote money
which had been promised TO Great
Britain by the trelty.malSing powers,
and the Withholding of which wo I'D
have been cause for war. It has dclib-
Grated upon and Voted Cor the impparh.
ment of President for whose cOnlin.
u0nce in Office the angry South AMI
half of the North were willing to fight.
And yet no Member ever suggested that
these matters required secrecy.
Not 50 with the Senate. That boly
never did sit with open doors until De-
cember 0, 1795-siX years and nine
months afteS it came into existence.
All its deliberations, both legislative
and executive, were held in secret un-
til that date. This was not by general
consent, for at every previous session
propositions to sit with open doors
were voted down. In 1902 Il motion to
admit members of the House of Repre-
sentativcs to the Senate chamber during
the legislative debates was rejected by
a vote of 6 yeas to l6 nays. In 1905 it
was resolved that the gallery of the
Senate chamber be permitted to be
opened every morning as long as the
Senate shall be engaged in their lcgisla.
tive capacity, unless in "such cases as
may, in the opinion of the Senate, re-
qure secrecy, after which the said gal.
leries shall be closed" Rule 60 of the
Senate enumerates certain high officials
who shall be admitted to the floor.
The rules of the Senate which pro-
vide for secret sessions and which pro-
tcct their secrecy are as follows;
Rule 81 provides that "on motion
made and seconded TO close the doors
of the Senate on the discussion of any
business which may, in the opinion Of
Senator, require secrecy, the presid
ing officer shall direct the galleries to
be cleared, and during the discussion Of
such motion the doors shall remain
closed. "
Under this rule It will be seen that
only tco'SenOtors need publicly show
their hands as desiring to hide from the
people what they are doing as Sena-
tors-one to make the motion and one
to second it. When they have spoken
their wish, all but Senators and their
necessary officers must withdraw and
the great doors Of the chamber are
closed upon what follows The motion
is then discussed and voted on in
-secret, and how any Senator stood on
the question cannot be revealed with
out subjecting the informant to eX-
pulsion if a Senator, or if an officer,
then to removal and punishment for
contempt. Such are the penalties pre-
scribed by rule GS for disclosing the
secret or confidential business or pro-
ceedings of the Senate.
Rule 66 declares that "when acting
upon confidential or executive business
the Senate chamber shall be cleared of
all persons except the secretary" and
certain other named officers of the
body. A vote to go into executive scs-
sion is therefore equivalent to a vote to
close the doors, because this rule for
bids the consideration of executive
business with open doors.
No one is wise enough to give any
reason for this secrecy which would
not apply with equal force to all dis.
cusslons of legislative business in which
the conduct of individuals is an ele.
ment. To illustrate: On the 10th of
June, 1874, Senator Edmunds, in de.
bate on q proposition to abolish the
moiety system in the collection of
dates on imports, held up to deserve |
execration a great importing firm OF
New York by exhibiting their fraudu.
lent invoice book, wherein they kept
the record of the perjuries and frauds
tha pnVpp1ittn1 pn tlN a 4.
behalf and by their direction. But be.
fore doing so he made no motion to
close the doors. Yet, when post.
master is to be removed and another
appointed in his place, there must be
the shelter of secrecy before the caus -
for removal or the fitness for appoint.
ment can be discussed as freely as the
gravity of the case demands. 1t Is dill,
cult to see what greater restraint there
should be upon the discussion over a
postmaster than over ring of wealthy
smugglers, strong enough, as in the
case cited, TO control Congress, AMI
later on to induce President to re.
move the customs officers who had en-.
forced the law against them.
But as all intelligent human action,
arc based upon motives, it will be in.
teresting to consider the reasons which
actuate the Senate in making a secret
of the ordinary business of passing
upon Presidential nominations. These
reasons are clearly suggested by rule
70, which is as follows.
All information communicated or rem trS
made by Senator when acting upon noml'
nations concerning the character or qnllltcl
tions OF the person nominated, also all votes
npon any nominatioD, shall be kept secret