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

flosA's point tkcn The coast IS clear We
onl. nsk for Information, sud We he &c right
so to ask. But we shall be told that we are
begging the question, and that the great DIFF
hculty which exists in the case still recu-s
upon us. I7x ti~otose 20 call ntion tkc Pre-
Siae;at &c do las dgtv. Ore branch ofihe
government mas no right 10 make SAGA a cal
tsiion another. Upon this point alone should
BE wiliHgto rest the decision. Has not one
branch OF the government right to make a
request TO another> What forbids it. The
right is certainly not expressly given But
if if it be not Forbidden BY any part of the
constitution if it be not reserved to the
states, the people, or any power on earth !;
II it be naturally incident to the intelhgent
and proper exercise of the great powers
actually vested and if 1t has long been de-
cai'ed to exist by a practical construction of
the constitution the exercise of such right
is at least harmless, and of course neither
unconstitutional, nor eXtra-constitutional
From the course which I have thought it nv
duty to pursue, not only in the present ses-
SION, but on former occasions, l shall not be
suspected of possessing an overweening con-
fidcnce in the Executive; but win venture
to say that the Executive will feel none OF
that squeamishness upon this subject, which
is manifested here. Whatever NAV be my
opinion as TO particular measures of the EN-
1
good sense and patriotism, to believe that he
win object to compliance With our REQUEST.
II, indeed, he Shall BE- Of opinion that we arr
invading or usurping the proper province of
executive prorogation, it will be his duty to
tell us so, and he will tell US so. But this,
presume, is not apprehended by any one.
I,have confined myself CLOSELY TO the cues
ton. The view which have taken of tho
subject occurred to me after the debate com
menced this morning fee! a,real, not an
affected difhdence, in nv powers of argu-
ment upon.this or any other subject / can
not hope to ccnvince-I will not say the
! members oe this House, for the rcmar TX
would imply that they are inattentivc to my
| ooservations---any assembly Of intelligent
men whatever. But when doubts arise up
on great constitutional question, it is pro-
per Tor every one to throw in his mite with
a view to dispel those doubts. This has
been done. If any good effect has been pro-
duced, it is very well, if not, have done nv
duty.
Mr.. Dana said, it was not strange, that
upon a subject that was as greatly interest
ing to the people of the United States as this
upon q subject that went very seriously to
| affect the character of the comma. lding Off
Ger of the army, that gentlemen should en-
terrain difference of sentiment as TO the
best course proper to be pursued. There
seemed to be but one opinion as respected the
general charge, that it merited serious at
tenhon ID some way and in some form. 1t
concerned the character of the officer him
self 1t innocent, that an enquiry should he
had, as well as it concerned the people and
the nation IT he were guilty. in the situati-
on IN which he was now placed, and feeline.
as he did, how much the reputation OF mi
lltary officer was his best estate, Mr.. u.
III M TOO
erection and not Though other gentlemen an
peared to think differently to express any
opinion on the innocence or guilt of this Off
Ger. II there were information before the
House which might give a full knowledye
OF facts, he would wish il should be so disposed
OF as to meet fair enquiry; and could wish
aiso, that the delegate from Orleans si,onid
DC called upon to declare what he knew of
the acceptance by this officer Of any mo.
hey or OF the project or agreement of any
persons to dismcnlber the union. or to
render it dependent on any foreign power :.
and Tor this reason, that this gentleman. re-
ccired as a member of this House, though
not having the privilege OF voting CT deba
ting, enjoyed every other priviiedge os
members OF the House, being entrusted with
the discharge Of high public functions and a.
mcnable to the authority CT the House and
that the privilege of this House must he
deemed precedent and paramount to the an
thorlty OF any court martial or court of eu
curry. Although this was his general onini-
on on the subject, he doubted very much the
proPriety of adopting the motion OF the GEN
tleman from NewYork for the appointment
OF an authorised committee. IF the House
has resolved to appoint a committee of en-
qulry which should directly investigate the
character of any officer, it would be proper
to arm such committee with the power of
sending for persons, papers, SC. Ashe now
understood the object of the prcscr. rcsolu-
ton It was merely to appoint committee to
enquire whether the House should adoDt y
particular resolution requesting an enquiry
ana was therefore different from n motion
for enquiry. In the case of Sinclair. which
had been quoted, the committee was apDoin-
ted to enquire, and not to consider the pro-
priety Of enquiring SO that the case did not
apply 1t was very immaterial whether the
amendment were agreed to or not but AKA
motion had been made to amend it, hy stri-
king out this part of it, he should give his
vote in favor of the motion.
Mr.. Fisk was opposed to the amendment q
10 the resolution and was surprised at be-
ing so long detained on the subject this dav
after being told that court was already All
thorized tomake the enquiry. This beinp
the case, If no other end was to be attained.
than merely tn throw light on the guilt or in
nocence of General w. there was now no
necessity for adopting the resolution. If no
court were ordered, it would be proper toen-
quire whether it would be necessary to