The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-20

on correct Legislative principles.
1t is, sir, my opinion, that the resolution is
wholly out of order, that it ought not to have
been made, thatit ought not, when offered, to
have been considered or discussed by the House.
This House is one branch of the legislature of
the United States, it possesses no powers but
what are transferred and specially prescribed /;
they do not possess general powers on all cases
not specially excepted, as the state legislatures
do In this know the honorable mover from
Virginia will agree with me. then ask by what
article or section of the constitution we are au-
thorised to appreciate, discuss or censure the con-
duct of the executive But leaving the consti-
tuition for moment, as dead letter, and resort.
ing solely to the rules of the House, I ask by
what rule are we authorised to decide on this re-
solution or for what purpose -
This House is one branch of the federal legis.
lature, authorised to originate laws to concur
with such as may be originated by the senatorial
branch these laws may be passed in the form
of bills or of Legislative resolutions but in eli.
ther case they must be agreed to by both Hon.
ees, and approved by the President The house
has indeed other incidental powers they are jud-
yes of the elections and qualifications of their
own members, and are authorised to punish or
expel member. These powers are necessary
towards carrying their legislative powers into eff.
feet, and therefore, even ifthey had not been ex-
pressly vested, they were necessarily implied
They are also invested with the powers of i'm
peaching public officers, and of sustaining the
character of prosecutors before the Senate
These are all the powers can find vested in this
House, by the constitution. .,
Y This resolution is not even professed to be the
Foundation of alaw, or 20 have any effect
rule OF conduct for the citizens to be for inn
Peaching the President or any other public Off
Ger, nor does 1t relate to the proceedings of our
own House, or the conduct of our own members.
therefore it is not, II cannot be consttutionaly
before the House. The people ofthe U. S. have,
by theconstituton vested this house with the pow.
or OF disappearing the conduct OF public officers
by impeachment, and by that only, or ofthe mea-
.sures recommended by the President, by rejec-
ting them or treating them with neglect; this has
probably been done by every Congress but the
people have reserved the right OF addresses of
app rotation or censure in their own hands, and
for assuming il by this House would be an usur-
patton OF powers, and a precedent Tor other usur
pattions:
Congress since the commencement of this gov
eminent has been also mistaken. ara confident
the hon. gentleman from Virginia cannot lay his
band on such resolution in the Journals of Con-
\gress. He has admitted on the floor, that in this
ase the President did his duty, but not more than
Us duty that in SO far as the law authorised
secretion, as it certainly did with respect to time
manner, and the confidence to be placed in
declaration Of the British minister. he has
ed with gtoPriety he has also highly app'ai;di-
nOOfs Tile HTSt IOuT ytSbS aGnitllStra-
Dxion of the late President but lie himself nor a
ny other member, it is believed, never submitted
3 resolution to the House for Legislative appro-
nof his conduct during even that four years
OF perfection no such resolution was submitted
or passed respecting the conduct of Washington,
with respect to the choice of whom there were
no parties no such resolution was submitted or
passed with respect to Adams by the majority,
who were the friends aiId supporters of his adj.
ministration in short, there is example of the
kind on the journals therefore, am justified in
calling this resolution novelty.
But it may be asked, has this House no method
within its power Of approving of the Executive
measur es 1t certainly has
., Let Congress, sir, pass laws to carry the mea.
sures ofthe Executive into effect, as to cores.
pond with the m-This and this only is a legisla-
tive expression ofSpprobation, and the highest
that can be given. Law is the only language of
alegislattre /; it is the only language that can
command obedience or respect. Any equal
number OF citizens met in tavern, and there pas
sing resolution of appreciation, would have e.
quail force with such a resolution passed in This
House, and would be more in character. For,
admitting and discussing this resolution, the
House is not acting in its legislative character
but as individual citizens, and in fact degrading
the legislative character-1hey are acting with
out authority from the constitution or the rules of
this House.
When this government commented, after the
example of the British Parliament, the presi-
dent made his communication ~ both houses at
the opening OF a session, in speech, to which
the Houses prepared an answer, and frequently
such an answer as anticipated the most promi-
nent measures oftbe session, to which such a.
mendments were generally moved and discussed,
as brought forward all the party artillery and ir.
ritation which the House cor aimed, before any
progress was made in the proper business of the
legislature. We have seen, sir, two weeks of
the beginning of session spent in this yay and
party irritation excited to- the greatest iIcipht.
not only in but cut Of the House before lepisjsti
on commenced. ] confess reioiced when
this method of corresponding with the Executive
was changed.
In support Of the resolution, however, the
gentleman states, that there is difference Of o.
pinlon on this subject, both within and without
thus House, and 20 prove this has read part of a
Paragraph out Of ne wspaper, conducted by an
influential military officer but I confess so
mitch OF this as he read comes short of yroyinfr
the tuth OF this, in my opinion. / have said
when was UP before, and repeat it again, that
know Of no such difIc, enc. Of opinion asd
since the measure was made public, have, con.
ycrsed with many citizens Of different countie.
and states, and read many newspapers All II
have conversed with agree that the President did
his duty an exercising the authority vested in him
by Congress on this occasion, and as far as I arm
acquainted, il is the general opinion that the late
President equally discharged his duty With ,es.
pect to the same subject this is fsIiy testified
BIZ the present President in the cosrespondsnce
with the British minister. II this is trne no
certainly believe it is, he is equally entitled 10
vote OF appreciation, as the present President