The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-09

Out possibility of defence hostile
TO every principle OF justicss common
humanity even. that he had ermitted
his mind to enter into any investiS ion OF tact
OF his feelings to enlist in the prosecution
much detail OF circumstance h;N been used,
which ought to put the House /cItremely on
It's guard against the influence OF feeling IN
deciding the present question: A gentleman
had the other day said, THAI he felt no deli
cacy towards man, whS5n he had on his
oath, been obliged to say, was guilty of mis-
prision of treason; it was thus int mated
that the grand jury OF the Virginia district,
who investigated the Subject of Burrs con-
spiracy, had agitateA the question Of Gene
raj N'ilk;nson's crpninality (sctting aside
the observation Which might well he made
that busrs. Conspiracy was 10 part CT the
present enquiryYit appeared to Mr.. l.. that
the question having beon agitated, and no
presentmcnt being made OF the ofhcer now
charged, Il considerable portion OF the grand
jury, must liave said in like manner, on
their oathy, that that officer was no. guilty
OF miSprysion Of treason but to day the
same gentleman has informed US, that the
reason why 10 prcscntment was preferred
against Wilkinson was, that he escaped by
legal exception in his favor; that although
the immortality OF his act was complete, (as
we'll as he could understand the gentleman
az the distance he was from him) the offence
could not be located, or some other legal de-
feet Mr.. l.. said he confessed he was not
well informed of the proceedings of the
grand jury, lie had heard some noise which
he had scarcely listened to about them: he
had never before heard, that the principal
officers of the array were leagued Ill burr's
conspiracy he would say, however, that
the grand jury assembled on that occasion,
Il III
sat Oh any forWer occasion Of the kind, and
lie confessed lie was surpliZed to hear they
had omitted to exercise n general power,
which, when it appeared to them, the eth
GERS OF our army were actually conspirators
against the government, as we are now in
formed, II became imperiously their duty to
exercise, by making presentment OF the
dangers OF the country any general evil,
grand jury might present, if they believe it
20 exist emily in intention. The acts OF ale
gislative body, and some he believed of con-
gress itself, had been presented by grand
Juries as of evil tendency; and one Instance
a. least has occurred Of a grand jury having
presented the very court which presided O.
yer it. Certainly such an evil as general
conspiracy Of the officers of our army, rcqui-
red some public exhibition OF the offence
even if it was such in them as well as the
commander, as not to be brought i'll the Opt
MON of the jury, within the form OF an eff
cicnt prosecution. Mir. J.. said he was sor-
~, that he too, had been led into the notice
of facts by the suiprizing things he had heard
He hoped unnecessary delay would be avoi-
ded. The time occupied in the discussion of
this dispute had already, he would presume,
prevented some of the committees from re-
porting on subjects of the first consideration.
The present eventiul and threatening aspect
of foreign affairs demanded attention he
particularly unprecedented 1t might have pre-
peIted the report o. the bill fer arniiRg the
militia, as well as other subjects of national
interest from being taken up. Let us then,
said MIR l.. meet this question, decide upon
it, and send to the proper departments the
information which will enable them 10 act in
the manner we are told they have already at
tempted, under the laws in existence. The
question which they solely ought now to con-
slider was their right to act. He believed
there was man i'll that house who did not
after what had been said, wish thorough
investigation, but certainly the mode to be
pursued was obvious and easy. lie cOnceiy-
ed il would be entirely sufficient, if the pa
perS and information were transmitted TO the
proper department, and should, il the reso-
luton was negasived, beg leave, If he could
get the floor, to offer resolution, with & pre-
him in his vote, by which it might appear,
that although he felt as much anxiety as any
man, that the proper tribunals should act on
the subject, yet his objection to the present
mode proposed, rose to source above mere
matters OF expectancy or temporary feel
ing.
MIR. L. then said, as it was not III order in
the then stage OF the debate, to propose MS
resolution, he would read it in order that the
House might be apprized Of his views. He
then concluded, by reading the following re-
solution:
WhereGa, 1t is primary duty, enjoined
on The House of Representatives of the Unit
cd States, cautiously to avoid any encrCach-
me't on the constitutional rights and autho-
rites OF the other departments OF the govern
Inent And according to the letter Of the
federal compact and the acknow, edged spi-
ut, and meaning Of that instrument, the Sc
veIal departments thereof should forever be
kept separate and distinct, so that neither
interfere with the powers and duties of the
other: And this House being aware, that it
j. only by the practical observance OF funda-
mental principles, that it can secure to itself
and 10 the people Of the United States the be-
nshoial cficcts resulting from q written aud
we'd defined form Of government; that TO
fail i'll such observance, would be to yield ali
the blessings, and advantages, which such
written AID well ascertained form OF politi-
cal institution is calculated to ensure
ind aghcrtas, The constitution of the u.
States, has in 10 instance vested in this