The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-28
the object of the gentleman. or the reason
Nhy this course hadtccntaken, he would not

/. . . y = q T. F. Il
Mr.. S. asked any gentleman. in the House |
to point out that part Of the constitution
which would authorise or even warrant the
power of acting on this subject. No such
power could be shewn. " then there was
no such power granted by the constitution,
how csuld gentlemen come forward and sup
port this doctrine! Some gentlemen had en-
deavored TO shcw this power was ilnpliediy
vested in them; and one gentleman had risen
to tell them that they had never doubted the
right to call forpapers. Mr. 5. said they ne
yer had, and he hoped they never would
They had no right to papers, however, ex-
cept in case in which they had cognizance
or the power of acting, If then they had no
power to act on any particular case, whence
could flow the incidental power Of acting i'm
matters incidental to that casel From what
source did they derive it. No power being
given, no incidental power could exist Thus
he reasoned or this subject.
He found this authority of the House was
one which had been very much discus
sed; and he begged leave to state a case
which in some measure applied. In the fifth
congress, when the Hruse of Representatives
were upon the subject of the British treaty.,
they called upon the President of the u S.
to lay certain papers before thcm-exercis-
ing right WHICH they undoubtedly possessed
as an incidental power. A resolution thus
calling torspecihc papers was sent to- Presi-
dent Warrington, who in a few days return-
cd for answer, that 1t did not occur that these
papers related to any subject under cogiii-
rance of the House. This was clear ex-
preston Of the opinion of Washington on this
subject Whether it, was or was not Corr,
rect he would not say |; but of this Mr. S.
was sure, that except where the House had
cognizance, they had no right to take such
a step as that now centempiated-to throw
the whole weight of this House against any
officer, civil or military. And let me tell
you, sad Mrs. that the effects of this pro-
ceeding will, - d cannot otherwise than pro-
ducc serious evil.
However, as the. matter had progressed so
tai', although the conduct of the House had
oeen altogether incorrect, he would now a
gree that these papers should be called for
as proposed, and transmitted to The Execu-
tive; and he hoped the House would go no
further
r MIR Macon said, hoarse as he was, he
would state to the House that the course pro-
posed by the gentleman from Virginia, was
the same which he found BY the journal had
been proposed in~the case OF ST Clair. and
that he then gave the same vote which he
should give upon this occasion. He was then
OF opinion that the House had a right to make
the request. This proposition was then ne
tgatived, and resolution adopted 10 appoint
a committee OF enquiry. Gentlemen who
voted with him at this time were of the same
opinion as himself. With respect to Gen.
Washington's opinion, it was well known nat
the House replied to this message, and STAYED
that they were not bound to assign reasons
1or the call: Nor will /, said MIR. M ever
give any reason Tor call upon the Executive
This is no new opinion with me, but formed
SO long ago as this case of ut. Cair; it is not
an opinion made up nthe occasion but upon
conviction.
:. Mr. Clark rose to correct an expression of
the gentleman from Pennsy lvania, who had
talked OF insinuations l am unaccustomed
said Mr.. Z. toinsinuate; what have said I
thought lhad satisfactorily explained; that
the subject on which spoke to the President
did rot particularly relate to the Case be 10, e
tue Rouse, but TO CERTAIN transactions between
certain people in Kentucky ana tac SPAN. n
government. i, at that time, offered certain
/ Information and Certain PAPERS These be-
yPs reused TO be received, thought it need
less to offer any name when the who.e subject
was not listened to-
= In the present Case Mr. G.. wished the
House to attend 10 the pee. lar delicacy of his
, SITUATION lie Was supposed To be possessed
oi eVlecnce and would DC Cal ed upon to give
IT,, ZIG was heie solitary individual, 1000
j miles from his own country il could moi me
c. ,'ccted that he had vouchers with him to
support what he might testify. How could
. nc give evidence II called upon, before Court
OF inquiry who had not the power to send for
persons and papers He hoped gentlemen
would think oi 1t and if an inquiry must he.
, had, AND he must be forced to saw what he
knew, he hoped the House would allow him
tue means OF 6ubstantiating what he said
would ietlt be before d trlounal which had
power to send Tor persons and papers The
SUI, ect which he had laid before the presi-
ueht related 80 general cases; il particu ar
persons were therein implicated, he could
NOT ncip 1t. He hopedFthc House wouId con-
slider the delicacy OF his situation before thev
decided my
Mr.. hhed CD said he had attended with
as much attention as he could do to the dis
cusslon on this subject, but was at a loss tn
know what this resolution would ,nerate
and how the House was to act ON eJ;dc,c,
Which 1t might produce. Ii a volume oftes-
tNithy was the result, what could be done
with win 't!. he should suppose that every court
OF law or Court martial would admit that tes-
tiInony, however voluminous or 10 whatever
extent Ii so, why should the time Of the
mouse De taken up in canvassing point
~hiCh Could answer no purpose /. he re-
CoiieSted Alright the provisions of the constitu-
uoh, " gave this House the power of co,ect-
ing evidence IN cases of impeachment. and
respecting ITS own members, and in no other
1aseS; Al 'here were any other cases in which
III. .ne mousse Could institute enquiry, he wished
theih I'D be siiewn; for untilit were. he should |
SC' according to the constitution, because IL. !
was pound to protect n and =, =, - =. I