The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-19
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rcrv few remarks on this subject 1t ap-
pearcd to be completely admitted BY gentle
men who had spoken ON the subject, that this
House had not the power TO try the offence
charged. But although this point was given
up, they were asked toenab,c the Executive
totry Gen. Wilkinsoa--to procure testimony
Tor the President to enable him to convict
that officer, and asked to send for persons
and papers for that purpose. The gentleman
last up had told them that this was the only
way IN which they could convict Gen. w.
that nc knew of no other way and was soil
cItous at all events to convict him. Mr. II.
SAID 1t was honest in him to state his designs
80 candidly. 1t appeared that the gentle
man wished an enquiry into the conduct of
Cen W-that he thought it was high time
to make an enquiry, lest he should oyerwhelm
the country and drive every thing before him,
and the greatest reason for this and the great
est fault he found with his epsl ct was in
taking into custody Swartwout and Bollman,
Col. Burr and others, and not paving due re-
gard to the constituted authorities of the
country. If the gentleman's feelings were
SO exceedingly excited by this, Mr.. III. did
not participate in them. Gen. Wilkinson haG
acknowledged that he had been and still was
responsible to the civil authority. Let those
gentlemen whose individual rights had been
INJURED apply to Courts of Justice to the CT
vii authority, and if Gen. w. could not an
swer for his conduct, damages would be a.
warded against him. The law of the coun
try was competent to punish every offence
wherever the laws had been violated. I'm
der this belief he thought it was not now ne
cessary to take up this enquirv for his civil
conduct II he had acted improperly as a
military officer, he was answerable to militia
ry Courts or to the Executive. And was it
necessary to take this measure to enable
To int ~,
OF Gen w. on this occasion, WHY enquire
into the business? Because the laws were not
competents Were there no laws which would
operate on the case! 1t was not pretended
TO say that the testimony to be procured was
to be ground on which to fix law. If it
were, he should not object to it. Let us ex-
anime our laws, said he, and if they are not
competent to punish offences such as that
charged, letus amend them.
Gentlemen talked much of the strong p
violence adduced to the House. Mr.. III. had
examined the evidence, and it was not of
that kind entitled TO credit, certainly not
stronger evidence than that produced to the
court OF Richmond against the conspirators
And what had resulted from that testimony !,
i hose persons charged with conspiracy had
Deen discharged from the court, who had paid
ne respect to the evidence, and set at liberty
the persons accused. If what had been read
q
best OF 1T, very vague. A paper had been
produced (he could not say what it contained.
tor 1T was not in his possession) said to be
translation OF Spanish letter. Had the
translation been sworn to-, Had the person
who certified it been sworn too He believed
not if not, the evidence it contained, ifany
was neither valid or legal. How did it come
: into the House9 How was it brought here ,
They knew not how it was procured or how
1t was brought forward.
With respect to the evidence of Power. II
was not entitled to credit He had certified
one way, and he had certified the other; it
was Power versus Power: by one certificate
he had done away another The House were
surely not prepared upon this testimony to
enter into measure OF this kind-to ask the
President of the United States, if indeed it
were In their power, to do il, to make an en-
quiry. Itwould not be said that this testimo-
ny was OF any force. True it was that cla-
mour had been raised throughout the union
on the subject; and there was time when
MIR. H. himself thought that officer and the
whole army were corrupted--that the con-
spiracy had proceeded farther. than it had ::
but, thank God he had been convinced of
his error. twas TO be supposed that those
concerned in the conspiracy would endeavor
to prosecute Wilkinson, and that those Con-
nected would endeayor to throw an odium up-
. on MN. be that as 1t might, the House
!, should not enquire, except they possessed ar-
thority to doit Certainly this case was not
similar to that quoted of an enquiry into the
conduct of Gen St. Clair; for that was not
grounded on any specific charge.
It certainly was not general principle,
that where power did not exist to consum-
mate trial, toprosecute it to final end, the
power OF prosecution did not exist at ALL it
therefore followed that the power of enoni-
ring into this subject did not exist in this
House. Was it then proper that they should
neglect former cases, to form a precedent
which would not be correct? Each depart
ment of the government should exercise it's
own functions; and the moment the House
commenced an enquiry of this kind, thew
travelled but of their course and Showed
that they had not that confidence which they
ought to have in that department of govern
jnent competent to try the case, WHY then
proceed in this business Certainly whate-
yer the intention might be, it would have an
Improper effect on the trial of that officer.
The House sending resolution to the proper
department requesting it to try certain of
hcer, operated as the opinion of the leeisla-
ture on his guilt. Gould it be possible that n
person thus treated could have fair trial ,
He should doubt the justice of a trial con-
Quoted by persons thus directed the pro-
per authority should remain unbiased and
unprecedented by such an influence as the