as the President; secondly, the diplomatic power, or that of "advice and consent" to treaties with foreign countries in concurrence with the President; and, thirdly, the executive power, or that of "advice and consent" to nominations by the President for offices under the Constitution. I say nothing of another, rarely called into activity, the sole power to try impeachments.

At the first organization of the Government, the proceedings of the Senate, whether in legislation or on treaties or nominations, were with closed doors. In this respect legislative business and executive business were alike. This continued down to the second session of the Third Congress, in 1794, when, in pursuance of a formal resolution, the galleries were opened so long as the Senate were engaged in their legislative capacity, unless where, in the opinion of the Senate, secrecy was required; and this rule has continued ever since. Here was an exercise of discretion, in obvious harmony with public sentiment and the spirit of our institutions.

The change now proposed goes still further. It opens the doors on all occasions, whether legislative or executive, except when specially ordered otherwise. The Senator from South Carolina [Mr. BUTLER] says that the Senate is a confidential body, and should be ready to receive confidential communications from the President. But this will still be the case, if we adopt the resolution now submitted to us. The limitation proposed seems adequate to all exigencies, while the general rule will be publicity. Executive sessions with closed doors, shrouded from the public gaze and public criticism, constitute an exceptional part of our system, too much in harmony with the proceedings of other

Governments less liberal in character. The genius of our institutions requires publicity. The ancient Roman, who bade his architect so to construct his house that his guests and all that he did could be seen by the world, is a fit model for the American people.

THE GERMAN EMIGRANT MUST BE AGAINST

SLAVERY.

LETTER TO LEWIS TAPPAN, ESQ., May 17, 1853.

BOSTON, May 17, 1853.

EAR SIR,-I know Mr. Schmidt by the good

DEA

name he has won, and I have also had the pleasure of making his personal acquaintance. I understand him to be a scholar, believing in the demand which Liberty in our country now makes upon every citizen. Thus endowed in mind and character, he will address his compatriots from Germany, in their own language, with persuasive power. I trust he will find the opportunity he covets; and I know of none which promises better than his present plan of a Weekly German Antislavery Newspaper at Washington.

The number of persons to be addressed by such a journal is very large; and they should be easy converts. The German emigrant who is not against Slavery here leads us to doubt the sincerity of his opposition to the Tyranny he has left behind in his native land.

Believe me, dear Sir, faithfully yours,

CHARLES SUMNER.

LEWIS TAPPAN, Esq.

POWERS OF THE STATE OVER THE MILITIA :

EXEMPTIONS FOR CONSCIENTIOUS SCRUPLES.

SPEECH IN CONVENTION TO REVISE AND AMEND THE CONSTITUTION OF MASSACHUSETTS, JUNE 21, 1853.

PROPOSITIONS of amendment on the general subject of the Militia being under consideration in Committee of the Whole, Mr. Sumner spoke as follows.

SHOULD like to call the attention of the Commit

tee to the precise question on which we are to vote. This does not, as it seems to me, properly open the discussion to which we have been listening. I do not understand that it involves the topics introduced by my friend opposite [Mr. WILSON],-the present condition of Europe, the prospects of the liberal cause in that quarter of the globe, or the extent to which that cause may be affected by a contemporaneous movement for peace.. Nor do I understand that the important considerations introduced by the gentleman on my right [Mr. WHITNEY, of Boylston], regarding the extent to which Government may be intrusted with the power of the sword, can materially influence our decision. I put these things aside at this time.

1 The members of this Convention were not required to have their domiciles in the places which they represented. Mr. Sumner sat as member for Marshfield, by which place he was chosen while absent from the State.

The question is on the final passage of the fifteen resolutions reported by the Committee on the Militia. And here let me adopt a suggestion dropped by my friend opposite [Mr. WILSON]. He regretted, if I understood him, that this whole subject was not compressed into one or two resolutions. Am I right?

MR. WILSON.

The gentleman is correct.

MR. SUMNER. I agree with him. I regret that it was not compressed into one or two resolutions. I object to these resolutions for several reasons. In the first place, there are too many; in the second place, at least two of them seem to be an assumption of power belonging to Congress, and therefore at least of doubtful constitutionality; and, in the third place, because twelve of them undertake to control matters which it were better to leave with the Legislature.

On the formation of the Constitution of Massachusetts, in 1780, it was natural that our fathers should introduce details with regard to the militia and its organization. The Constitution of the United States had not then been made. But since the establishment of this Constitution the whole condition of the militia is changed. Among the powers expressly given to Congress is the power "to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress." And Congress has proceeded to exercise this power by the organization of a national militia. Whatever might have been the original inducement to multiform provisions on this subject in the Constitution of Massachu