Violations of Secrecy <italic>In Re</italic> Senate Executive Sessions, 1789–1929

Abstract

FOR well over a century after the present government of the United States was set up, the upper branch of Congress normally conducted its nonlegislative business, principally those matters relating to treaties and nominations, in closed executive sessions. During the latter part of this period, however, it departed from this general practice in certain rare cases. There were, to cite examples, open deliberations on the fisheries treaty with Great Britain, February I5, i888; the arbitration treaties with Great Britain and France, August 3, I9II; the Treaty of Versailles at the close of the first World War; the World Court protocol; and the Kellogg Pact. Then in i929 the Senate virtually abolished all secret sessions. This technical development in the rules was fully in keeping with the spirit of the times. But to a large extent it merely legalized a condition of long standing, for in reality the Senate rules on secrecy had never been wholly respected or effectively enforced. Therein lies a rather involved story which, heretofore neglected, warrants a careful study.' It may be understood best, however, following a brief historical survey of those regulations. From the outset it was expected, of course, that the Senate would attempt to maintain secrecy regarding executive business; and so it did. In addition, for the first five years of its existence that body sat behind closed doors in legislative sessions as well.2 The first regular rule on secrecy, however, was not adopted until December, i8oo. Prompted by a request of President Adams that the Senate keep in strict confidence copies of instructions to the envoys who had negotiated the French convention of that year, it read as follows: