The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-21

N+tiiSl. Sta'i CONSIST OF q - nate aud House OF
Representatives These are. the initial
words OF the constitution. Thcv t,cscribc no
| SPECIFIC powers. They mer.,y invest the
general power of legislation, They refer
rs TO other parts of tho CONSTITUTION for the
delineation Of the particular attributes ofthc
legislative character. They attach those at
tributes 70 US IN common with the Senate
1 hey give Us no distinct aud independent
powers. Nor does any other clause Of the
constitution, in direct terms, vest in us the
power for which we now contend.
! The second class of powers is given TO Us,
ratheras a distinct and independent assem-
!. nfagc OF individuals, than as component
'branch OF the national legislature
| These are not powers, strictly speaking OF
legislative character, but powers with
which we are invested for the purposes Of
our own organization, government and tisci-
pine, as an independent political body Such
as the power to choose our Speaker and O.
Their officers; to judge of the elections and
Qualifications of our own members to adj
ljourn; to compel the attendance of absent
members; to cXpel members to establish
rules OF proceeding and to keep and pub
fish journals.
Before proceed to the third class of our
constitutional attributes, l will lust notice
two eScentric or anomalous authorities with
which the House Of Representatives is irves-
ted by the constitution, and which complete
the circle of our political functions We have
the sole power of impeachment AS il res
poets the exercise of that power, we are cii-
vested ri cur Legislative character, and trans
formed into the great inquest of tn nation.
IN Certain cases we become the electors of
the President. We then again lose our leeis-
!ative character, and are changed into an e.
lectoral body.
The third class of our constitutional pow
ers, and it's by no means an uninportant one,
although 1t is not given to Us in express terms,
is essential to cur political existence. Ispeak
ct those which, by an irresistible and in
jcontestibie implication, are bestowed as in
cidental to those which are specifically vest
ed by the constitution.
i ms incidental authority must OF course
Pc extensive and important. While it is our
duty TO cherish ard sustain this great and
pienteous source of power, we ought cauti-
ously to govern ourselves by the true spirit
and genius OF the constitution. Here great
discretion is required, because here arises
that danger of uSurpstion with which gen
tiemen are alarmed on the present occasion.
Yet the existence of incidental power is
questioned by none. By this alone are we
authorised to pass resolutions calling upon
the Executive Tor information, practice Co
eval with the government itself Gentlemen
will say that we then act in our legislative
capacity But they are mistaken. The le-
glslative power is the power of making laws.
We only act as Legislators, when we discuss
among ourselves the project of a law, or act
upon one received from the Senate. The in
formation which we ask may or NAV not be
! given by the Executive. 1t is true that If is
his constitutional duty to give us information
from time to time; but at what time and in
what manneris left to his own discretion
Where We have no coercivc we have no L.
| gislative authority. The information. If Il
DE obtained, may or may not be such as to
require or even to induce us to act lepisla-
| lively. Ii then we possess this power of cal
ling upon the Executive Tor information and
1t has long been settled, by practical con-
| struction ofthe constitution, that we do Dos
sess 1t, 1t is In our possession as incident not
| only to the actual but to the potential exer-
else OF the general function of legislation.
But an important distinction is taken. and
| one which would be conclusive, if it would
bear examination. tits, however, nominal
| rather than real distinction 1t is admit
| ted that we may call upon the Executive for
| information, but 1t is said that VIC now pre-
pose to call upon him to perform his duty, in
case exclusively within his own CONSTITUTE
onal jurisdiction. tits just so in every case
| OF a call for information. 1t is his dutv to
4 o.
in his own way. Calling upon him to com
muricate to us information, upon any subiec,
Whatever, we call upon him to perform a du-
| ~ which the constitution authorizes him 70
| perform when and how he pleases In ever,
instance we may or may not legislate in con-
sequence of what we obtain, and we do mot
icgisiate in the act of asking for it. We
cahHot cccrcc the communication we cannot
even demand it, we can only request il. We
ask the President to do his duty in tha ono
case rs wei as in the other But il is said
| that as we cannot impeach a military officer
as the President alone can remove him WE
| can neither ask for his removal, or for an in.
| curry into his conduct. 1t seems tome to be
considering rather too curiousIy to consider
so: Ihe tact IS, that We propose to request
an inquiry, tor the very purpose OF obtaining
information, and for that purpose alone ard
asih every other case, the information, when
obtained, may induce US to act il our legisla-
tive capacity.
here it's proper to call the attention Of
the House to the clause of the constitution
Which was read this morning by the honor
able raovcrof the resolution. mo tile Of
nobility shall be granted by the u. States
and no person holding any Office of profit or
trust uhder them, shall, without the consent
| OF the Congress, accept of anyp. esent, emo
mmcnt, oi{ice. on title Of any kind whatever.
IRON any kins, prince, or foreign state" Can
any one doubt our power 20 pass p law for
the purpose Of giving effect to this great and
prominent provision Of tire constitution we