The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-04-07
rIPPESSim.aN..
CONGRESS-.
no USE or REPRESENTATIVES,.
FRIDAY, March 5. :.
EXPENDITURES OF TIE PUBLIC
MONIES.
CONCLUDED
(coNcLuDED }

EXPENDITURES OF fEPUBE1C
MONIES.
CONCLUDED
Mr.. Neksor said as to himself he cared
not whether the resolution was oraereatc-
lie on the table. or whether question was
Immediately taken on it. He was ready for
either question. Ono reashn however, why
he should vote for It to lie on the table, was.
that it was very late in the session, that the
House was exceedingly fatigued, that
great number Of members who would pro-
badly throw considerable light on this sub
Ject were now abient from the House and
were he now to vote for its lying on the ia
bic, it would be from that consideration
He did not agree with any gentleman who
supposed that this resolution had been bro't
forward from improper motives. He had
no hesitation in declaring his sentiments ex-
plicitIy on that head. Sorry rs he was to
differ with the gentleman from Virginia on
points of this magnitude, yet, upon this sub
jeet he had no hesitation as to the vote which
he should ultimately give. / will ask in the
FIRST place (said Mr.. Nelson) at what does
this resolution aim. 1t is a bare and naked
resolution declaring as the opinion of this
House that certain apinions of the Attorney
General are contrary to law. Is i intended
TO affect general Wilkinson, the late Score
tary of War, or the Attorney general -
cannot see the object ; whether it points
at the one or the other, or at all, is totally
imm atei'ial. do not rise in my place at
this time of night as the partizan of one or
the other Ttlisclaim any such motive.
rise because believe if we pass the resolu-
ton, it will violate the fundamental princi-
pies of the American constitution; that it
will be more dangerous and be attended
with more evil consequences than Burr's or
any other conspiracy. If n precedent of
this kind be once set, il leads immediately
to the most positive and absolute despotlsm.
The constitution Of the United States has
wisely said that the different departments
ofthe government shall be separate and dis
tinct. To Congress it has given the power
of passing laws; to the Executive the pow
er Of CARRYING them into execution. To the
Judiciary it has given the great and impor-
tant power of expounding laws passed by
Congress- and can it for inomcn. be said
in free country that we will take away
the power from the Judiciary! That we
will pass law to-day, and Tomorrow come
forward and with a bare resolution of one
house, say that the law was Improperly ex-
pounded |! DO we mean on one day to pass
laws and on the next day to expound the m !!
II we consider this question in A less impor-
mode of doing business is equally produc-
tive of injustice. General Wilkinson it is
said has improperly received a certain sum !;
and the gentleman says that there is no
mode. of getting it back again. deny it,
sir the action lies for the recovery, and on
the trial of that, the judges will decide the
construction Of the law.
Mr.. Randorh said that the gentleman,
from Msryiand ,forihc exercise If whose can
dor wards his motives he ought to be obi
ged, had certainly mistated his argument.
He only asked if the gentleman the exer-
else of the same cantlor to his argument as
be had displayed to his motives He had
not said shat Judgment could not be had a
gainst 4 public defsulter--far from i.-hIt
ne did say that as to mismanagen,ent or
misapplication of public money, this house
was the cnly tribunal.
Mr.. Nelson said-he was sorry If he had
rnistated the gsntlcui:tn's argument That
certainly. had Jnt been his object. He was
glad that he and the gentleman from Vir-
ginia agreed in one thing, viz. that If the
money had been improperly paid out of the
treasury, general Wilkinson was response
bic for it.. Neither the opinion of the attor-
rev general or resolution of the house of
repre- sentatives were conclusive rs TO what
law was. The only authority which could
properly declde on the proprIety OF the eX-
position Of the law, was the supreme COR;
of the United States. Now suppose an ac-
ton to he :broughssagainst general Wilkin-
son. Were :1e horse about to prejrdge this
question:, We're they sbout to create a BIZ
as on the minds Of the judgess Was the
Judiciary 10 be alarmed because the popular
branch Of the legislature had given an opin-
ion on the snbjcc.! He had too much con-
fdence in The judiciary to beleyethat would
be the case: for he believed that they would
say that the attempt of Congress to expound
the law was gati,e. Nj. n said be heard
himself admonishcd by his friends around
him that he was extending his remarks to
too great length for the lateness of the
hour. He concluded his observations by ex-
pressing his regret az seeing this proposition
brought forward at \ time and in manner
which precluded full discussion OF it.
Mr.. Rozcan thought the present a question
worthy of all the ti;hc which had been con-
sumed in discussing it; and il the doctrine
advanced were true, then were secrets dis
closed in the operation Of this government
which were not before known. The consti-
tuition provided that no money should he
drawn out Of the treasury contrary tn law
but now 1t seemed that tllr officers might
draw money on the opinion Of the attorney
general. \ spn of money might be wanted
and no Law might he iaSsg1 for the purDose