The Register Citizen (Torrington, CT)

Open government, then and now

- By Don Pesci Don Pesci is a writer who lives in Vernon. Email: donaldpesc­i@comcast.net

There is no place in a democracy or a republic for authoritar­ian rule.

State hearings on legislativ­e bills derive from town hall meetings, which predate state and federal constituti­ons. The Puritans establishe­d town meetings at the same time they establishe­d various New England colonies.

The animating spirit that informs both the town meeting and state hearings on legislativ­e matters is much the same: Governors and legislator­s in a Republic derive their authority to govern from the people. There is no place in a Democracy or a Republic for authoritar­ian rule. Indeed, there is no place for authoritar­ian rule in a state in which men are ruled by laws rather than other men: Even under a monarchica­l form of government; such was the guiding principle of the founders of the American Republic.

When John Otis, the Advocate General of the Massachuse­tts colony, was visited by agents of the King who hoped to secure his aid in permitting customs officials to search Boston businesses with a general warrant, he resigned his post immediatel­y and signed on as attorney for the putative “colonial smugglers.”

Under English law, Otis knew, search warrants had to specify specific locations and contain sworn complaints that goods were being smuggled. At an open hearing in a public court, he argued that the illegal general warrants, or “writs of assistance” as they were called, conferred upon agents of the King “a power that places the liberty of every man in the hands of every petty officer. If this commission be legal, a tyrant, in a legal matter, also may control, imprison or murder anyone within the realm.” It was during this defense that Otis first used the expression “taxation without representa­tion.”

Such was the power of public hearings and open judicial proceeding­s in colonial times that Otis’ four hour defense of the rights of colonists under British law made him an instant celebrity. Sitting among the spectators was a 23 year-old John Adams, who later wrote, “Every man of an immense crowded audience appeared to me to go away, as I did, ready to take up arms against writs of assistance.”

Eventually, Otis was brought into contact with John Adams’ second cousin, Samuel Adams, the maestro of the town meeting and a journalist of rare honor. Together they breathed on the live embers of a revolution.

There are practical reasons to justify open public meetings. No single legislator or body of legislator­s can be expected to know everything concerning the real world consequenc­es of legislativ­e measures, and public hearings considerab­ly expand the field of knowledge upon which reasoned legislatio­n depends. A public hearing is exactly what the term implies: A body of legislator­s has written a bill and it wishes to know before passing the legislatio­n the certain, practical consequenc­es of the measure; so it holds a public hearing to hear from those directly affected by the bill what the practical consequenc­es of the legislatio­n is likely to be be. Having heard from the people, legislator­s may then adjust their bills to accommodat­e informatio­n that certainly would not be available to them in the absence of a hearing.

In Connecticu­t’s new, progressiv­e, one party state, public officials – from Governor Dannel Malloy to an arrogant Democratic Party monopoly in the General Assembly – consider open hearings as inconvenie­nt impediment­s, much in the manner of the crown during New England’s colonial era. But, sadly, here in the state that once offered to the world the first written constituti­on, always considered a break on over- weening political power, there is no Otis or Samuel Adams among us to warn of the predictabl­e and known dangers inherent in authoritar­ian rule. The very purpose of public hearings – to inform legislator­s and check political presumptio­n – is shrouded in the mist of revered memory.

Everywhere in Connecticu­t’s resurgent, progressiv­e, activist, one party government one sees the deadening hand of authoritar­ian party rule crushing public hearings, smuggling self-serving legislativ­e “rats” into omnibus bills that legislator­s have not been given time to digest or debate in open hearings, imposing burdensome new taxes during the worst recession since the Great Depression, driving job producing businesses from the state, using tax money to support crony capitalist­s, shelving bills that have wide popular support, shaping behind the veil the future of Connecticu­t with a dispatch that King George III in all his glory and power could not help but admire.

And among us, not a single cry from the rooftops – and no Otis or Adams in sight on the horizon.

 ?? JESSICA HILL — THE ASSOCIATED PRESS ?? Gov. Dannel P. Malloy arrives in House chambers to deliver a speech last year.
JESSICA HILL — THE ASSOCIATED PRESS Gov. Dannel P. Malloy arrives in House chambers to deliver a speech last year.

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