CH. XII.]
PRIVILEGES OF CONGRESS.
301
where the offence is such, as, in the judgment of the house, unfits him for parliamentary duties.[1]
§ 837. The next clause is,
each house shall keep a journal of its proceedings, and from time to time publish the same, except such parts, as may in their judgment require secrecy. And the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.
§ 838. This clause in its actual form did not pass in the convention without some struggle and some propositions of amendment. The first part finally passed by an unanimous vote; the exception was carried by a close vote of six states against four, one being divided; and the remaining clause, after an ineffectual effort to strike out "one fifth," and insert in its stead, "if every member present," was finally adopted by an unanimous vote.
[2] The object of the whole clause is to ensure publicity to the proceedings of the legislature, and a correspondent responsibility of the members to their respective constituents. And it is founded in sound policy and deep political foresight. Intrigue and cabal are thus deprived of some of their main resources, by plotting and devising measures in secrecy.
[3] The public mind is enlightened by an attentive examination of the public measures; patriotism, and integrity, and wisdom obtain their due reward; and votes are ascertained, not by vague conjecture, but by positive facts. Mr. Justice Blackstone seems, indeed, to suppose, that
- ↑ 1 Black. Comm. 163, and Christian's note; id. 167 and note. See also Rex v. Wilkes, 2 Wilson's R. 251; Com. Dig. Parliament, G. 5. See 1 Hall's Law Term, 459, 466.
- ↑ Journal of the Convention, p. 219, 243, 244, 245, 354, 373.
- ↑ 1 Tucker's Black. Comm. App. 204, 205; 2 Wilson's Lect. 157, 158.
