We shared a deep suspicion of government secrecy and also resented what it did in corrupting our system of government. I was privileged to serve as a member of the national Freedom of Information Committee of Sigma Delta Chi (the journalism fraternity) and handle the Washington phase of the reports for Red Newton for a period of more than five years. For a longer period I have worked with the American Society of Newspaper Editors’ Freedom of Information Committee. I have testified before committees of the House and Senate.
My testimony before the Moss subcommittee in November 1955 was the first testimony on the scope of the problem of “executive privilege” advanced by the Eisenhower administration. I have kept in touch continuously with Representative John Moss, the California Democrat, and the members of his staff from the time their subcommittee was established. I am particularly indebted to Staff Administrator Sam Archibald, Staff Consultant Paul Southwick, and staff lawyers John Mitchell and the late Jacob Scher.
Others who were particularly helpful and co-operative over these years were the late Senator Thomas Hennings (Dem., Mo.); Charles Slayman, counsel for the Hennings Judiciary Subcommittee; Senator John McClellan (Dem., Ark.), and Robert F. Kennedy, who was his chief counsel; Herbert Maletz, chief counsel for a House Judiciary Subcommittee; Representative Porter Hardy (Dem., Va.); John Reddan, chief counsel for the Hardy Government Operations Subcommittee; Representative F. Edward Hebert (Dem., La.); James Naughton, chief counsel for the Fountain Government Operations Subcommittee; and John Courtney, chief counsel for the Hebert Armed Services Subcommittee; Arthur John Keefe, counsel for the Senate Antitrust and Monopoly Subcommittee; and Representative George Meader (Rep., Mich.).
The knowledge of the secrecy problem gained by most of these lawmakers and lawyers has been understandably confined to their experiences with one or two committees, whereas I have had the opportunity to become aware of the day-to-day activities of nearly all the committees. For that reason, and because of my alarm at the public apathy over government secrecy, I have decided to set the whole story down in one place. Most of the story is taken from the official records of congressional committees—the sworn testimony, the correspondence with government agencies, and the official reports of Senate and House investigators. As much as possible, I have put it together in chronological, narrative form so that the reader may discover, as I did, how the abuse of government secrecy has spread and just how vast and serious the scope of it has become. At the end of the book I will make some recommendations that I hope may serve as a guide to eliminating this serious threat to our democratic form of government.
CHAPTER II
The First Century
An Indian uprising along the Indiana-Ohio border in 1791 set the stage for the first investigation by Congress of decisions in the executive branch. President Washington, then in his first term, sent Major General Arthur St. Clair into the wilderness to put a stop to the raids.
General St. Clair and his fourteen hundred American soldiers were camped along the headwaters of the Wabash River on November 3 when they were surprised by the attack of a strong force led by Little Turtle, chief of the Miami.
The Indians killed more than six hundred officers and men and forced the others to retreat. It was a humiliating defeat, one that still ranks among the worst in our history. Congress demanded an explanation.
On March 27, 1792, the House of Representatives appointed a select committee to inquire into the failure of the St. Clair expedition, and “to call for such persons, papers, and records, as may be necessary to assist their inquiries.” For the first time, the President and his Cabinet were presented with the problem of whether to make papers and testimony available to Congress.
President Washington called a meeting of his full Cabinet to determine the proper way to proceed, for he was aware that the action taken would set a precedent on such matters.