Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-15

II
to examine whether or not they were go
ing out OF their province. He did not know
THAT this House could act in any other ca.
Ipacity than legislative, except in the sin
gle instance OF prosecuting in cases of i'm.
Ipeachment, which power the House pos
lsessed and when such subject came be
| fore them, they could take such measure.
! as they chose to procure evidence TO sup.
lport the charge which they might make
but he was not satisfied that in any oehei
lease the House could erect itseIfinto a tri
Ibunal to collect evidence. He believed il
was admitted that the present case was
not cognszable by tue House, as civil Off
GERS were alone impeachabic by THIS body
Should they then appoint committee to
collect testimony relative to the conduct al
any military officer He would ask what
use could oe made of the testimony when
COLLECTED! He would ask what had the
House to DO with the commission of the
icrimes of murder or treason, or o;her
lcrimes Of which they had not cognizancc
The House would go out of its province to
collect evidence on any case in which II
could not act. In collecting this evidence
they would not act in a legislative caDa-
city. If not acting in a legislative capaci-
~, or on al impeachment, the only o7her
case in which they could act in what cha
racter dill they act in appointing a com
miStee to collect testimony I? He did hope
that the House would not erect n new prin-
|ciple at the same time he wished it TO be
distinctly understood, that he was in favor
of an enquiry as much IS any man in the
House. Gentlemen had taken the liberty
to express neutrality-suspicious. ON this subject !;
he did not feel himself at liberty to ex-
press his opinion. 1t would not be said
that he had any particular partially to tina
officer but ut the same time would not do
any thing 70 exclude a fair and impartial
Investigation of his character.
Ifeyidcnce on this subject were laid be-
fore the House, they might in his view
with propriety order that evidence to be
transmitted To the Execut vc department.
In doing .his they wou,d do their du V and
By doing it, would sufficiently express an
opinion, noe only that AN enquiry was ne
.cessary, bur that the proper department
would make it: He could not conceive
that il was proper 70, them co give in tbs
manner specific lircC ton To the Presi
dent because it would BE- saying that they
Thought il was necessary to stimulate him
to do his dusy. u was understood chat the
evidence which had been adduced in this
case had not been laid before the court or
gTd1l jury at NiCnluONti, tlli ltldN lilS EsE-
ecutivc had not possessed L; there was no
reason therefore to believe that the Exc
cutive had neglected its duty and it wouf
be going too far to tell the President that
n should do his duty, when he had not ne
elected it. Had it appeared that he had
neglected his duty, It might have become
n question whether the House should ex-
press an opinion as 70 the pTopriety or ne
cesSity Of an enquiry If the House shou.a
even, after discovering that the properde-
pertinent had been negligent of lis duty,
express an opinion IS To the necessity Of az
enquiry, they would in his view 60 full as
far as Ct not farther than) they could be
conStitu;ionallv warranted in going lie
wOu'G not say whether such AN opinion
should Of should not be expressed: bus still
some reason were shewn to justify an OPT
MON that the proper department had heen
Efficient in its duty, he could not see the
ipropr;ety Of the House taking any step to
stimulate it 10 IN enquiry.
| II had already been said that court o.
enquiry had been appointed. Were thi.
the case (and he did not doubt the fact) 4
would seem 10 hin altogether improper foI
the House tOaCt on this subject at present
if they had the power. He did think il
IiapoItant that the House should keeI
strictly within the pale of It's Jurisdiction
and act within its constitutional province
Tor The constitution had provided limits t.
iliis House a. well as to othcr department,
OF government. He conceived they hadn'
more right to infringe on the province o
the executive in its executive capacity
than the executive had to interfere will
the legislature each should keep withiT
its proper sphere & from All the eonside.
ration lie had given this motion, he covl,
not perceive any authority ia the p0sscssi.
on Of the House 10 give direction to til,
lexecutive on this sdbject
! The only ground OIL viii, u they could tveI
send papers to the executive on this occa
sion was, that the constitution did prohi
bit any officer Of the United States iron
receiving sum Of money from any 70
reign prince or power. Now as the cvi
ldencc which bad been read 10 them iii,
lappear calculated to prove that sum o
money had been received by the Office
who was the subject Of tiis resolution, h
Thought il would be perfectly proper {
send the evidence Re would again state
lard wished il TO be DIS inc1y understoo
that ne was one cf the last WHO would pre-
went full Investigation On this suhiet h
wished it was in his power 70 u s.en il
i5ut it was not lie had always conceive
That an examination 0f ,h,s kind was c-
lsential TO establish the character ofthe a
lfcer involved. and 10 SOY ;hat hc was q