8 ([Return])
A committee appointed by the House of Representatives, on McGregor's possession of Amelia Island, waited on Mr. Adams, and inquired concerning the proposed proceedings of the executive, and his powers in that respect. Mr. Adams took occasion to state and explain to them the effects of "the secret laws, as they were called, and which," he said, "were singular anomalies of our system, having grown out of that error in our constitution which confers upon the legislative assemblies the power of declaring war, which, in the theory of government, according to Montesquieu and Rousseau, is strictly an executive act. But, as we have made it legislative, whenever secrecy is necessary for an operation of the executive involving the question of peace and war, Congress must pass a secret law to give the President power. Now, secrecy is contrary to one of the first principles of legislation, but the absurdity flows from having given to Congress, instead of the executive, the power of declaring war. Of these secret laws there are four, and one resolution; and one of the laws, that of the 28th of June, 1812, is so secret, that to this day it cannot be found among the rolls of the department. Another consequence has followed from this clumsy political machinery. The injunction of secrecy was removed on the 6th of July, 1812, from the laws previously passed by a vote of the House of Representatives, and yet the laws have never been published."
9 ([Return])
This publication is contained in Niles' Weekly Register, vol. xxii., pp. 198, 209, 220, 296, 327, and continued in vol. xxiii., pp. 6 and 9.
10 ([Return])
Niles' Register, vol. xxvi., pp. 251-328.
11 ([Return])
Niles' Register, vol. xxvii., p. 387.
12 ([Return])
Ibid., vol. xxvii., p. 321.