"_Resolved_, That all sessions and all proceedings of the Senate shall be public and open, except when matters communicated in confidence by the President shall be received and considered, and in such other cases as the Senate by resolution from time to time shall specially order; and so much of the thirty-eighth, thirty-ninth, and fortieth rules as may be inconsistent with this rule is hereby rescinded." In the debate which ensued, Mr. Sumner spoke as follows. Mr. President,--Party allusions and party considerations have been brought to bear upon this question. I wish to regard it for a moment in the light of the Constitution, and in the spirit of our institutions. In the Constitution there is no injunction of secrecy on any of the proceedings of the Senate; nor is there any requirement of publicity. To the Senate is left the determination of its rules of proceeding. Thus abstaining from all regulation of this matter, the framers of the Constitution obviously regarded it as in all respects within the discretion of the Senate, to be exercised from time to time as it thinks best. The Senate possesses three important functions: _first_, the legislative or parliamentary power, where it acts concurrently with the House of Representatives, as well 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.