The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-23
IN THE
ECUSE OF REPRESENTATIVES,,
TpyspAY, jan. S.
DEBATE

a
TUESDAY, Jan. S.
DEBATE
On tke Resoiafion far requesting me Pre-
sidert 10 cease an endu tryto be made fHfo
the conduct Of Gen. HTlkinsen.
(coNrINuED.)
Mr.. G. ~. Camh6cN rose to answer a
question of the gentleman from New-Yort,
for what purpose he would send these pa
pers to the Executive! There were very
few gentlemen in the House to whom an an
swer to such a question could be necessary.
WAS it as epiGence that they were to be
sent. Mr.. G. had stated before and he re-
peated it now, that it should not be sent a s
evidence. but a: Information which would
enable the President to procure evidence.
The papers read were not evidence. 1t must
be we'll known to that gentleman who Mr.. G
believed was legal character, that no ex
tracts of letters, memorandnms, &c. were
evidence; they might however serve as an
aid to procure evidence. Gentlemen en-
quired if he would send a part, why not the
wholel Mr.. e. would transmit to the pro-
per authority all the information which
MIGHT be in possession of the House, but
@S.ld not take any steps for procuring more.
1t was perfectly within the power of any
person to inform any tribunal that certain
information was in possession of any MEM
Der of this House, if it were wished 20 pro-
cure it.
Mr.. c. did not agree that court of cnqni-
ry did not possess the power of collecting evil
Gence; he was of opinion that it was compe-
tent to call upon any person for information
The only doubt was, what might be the eff
feet of it's summons upon member of this
House9 The practice in these cases had
been for the House TO give leave OF absence
TO any member to give evidence when ii be-
came necessary or any trial, and the House
would not hesitate in this case to give it to
the gentleman from Orleans and leave be
ing yiven, Mr.. e. was ,..sTinced that the
gentleman would not hesitate to attend and
give his evidence. 1t was not consistent with
the principles of justice, that conrt martial
should not possess power to bring before them
persons who possessed information on the
subject under their consideration
If doubt existed whether they could call
or any other than military characters, the
principle ought to be fixed one way OF the O.
Their.
The case cited by the gentleman from n
York of Senator, had no relation whatever
80 the present subject and was meant mere
" to shew that the House had the right tc
clothe a committee with power to send for
persons, papers, &c. The distinction which
had been before taken, and which still appi-
ed was this: that where the House had a right
to examine and act on SUBJECT, they might
clothe committee with this power. 1t the
House possessed the right to use the eVi-
dence when they gotit, he did not doubt their
power to send for persons, papers, &c. But
If the right to use it were not possessed by
the House, the power to obtain it ceased.
T.. H. a cad oil Inv he 70 rVfn on
that he could not sufficiently express his re-
probation of the position taken by some gen
tlemen that this House had not authority to
direct the President to institute an enquiry.
For himself Mr. G.. could not account for the
opinions the gentleman entertained, or on
what ground he could support them; for the
gentleman had not dcigned to examine into
ninutie, had told them he could not conde
sccnd to reason. Mr. C.. conceived the gen.
tleman had evinced BY his conduct that the
arguments in favour of a doctrine contrary
TO his own, could not be met by fair argu-
ment.
The gentleman from Vermont (A1r Elliott
had told them because this power was not
expressly denied, that the House possessed
It, Now Mr.. 6. conceived that the House
had no powers except such as were given to
it bv the constitution, and that when about
W dSI tli any (dSSJ 'tiC ioof> ~ tilil
instrument as to a power of attorney from
which they derived their authority, and I'M
less they found it there they ought to stop
and proceed no further in the object under
their consideration. 1t was not pretended
that this House could impeach a military of
fcer, or that the Executive was bound by
the instructions of the House on this subject :
st was not legislative act, nor intended to
produce a law. 1t was in this view that in
his opinion the House ought not TO step out of
Its way TO give directions to any part of the
government not Immediately under its con-
tronl.
He.scould assure that gentleman and all
who heard him that no man was more un-
wiling TO obStruct an enquiry into the con-
duct OF the commander in chief of the army,
or would go further than himself to promote
It. it was wished for strongly in the country
which he represented but he was induced
TO believe the object was about to be accom-
)plished by the only proper. authority, indeed
Mat i was already in its progress. 1t seem
Ell rs if the gentleman on his right (Mr.
GardcYlier) depended entirely on the reSolu-
ton for an enquiry: MIR. &. almost doubted
his hearing Of the genteman's language, that
since a deaf car had been lent to information
IN the palace, they, the representatives of
the nation, ought not to be silent. It was
important that facts should be correctly sta
ted and correctly understood. There had
mt been heard in this House even an insnu-
ton that this transaction had come to the
knowledge Of the Executive, or that the G.
all Il Eos hot