The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-04-07

the attorney general This officer was not
known IN tt's question, not being known Is,
;'.e constitution. He was ain officer created
Ivy law, to be consulted on legal questions by
the cfheers OF gosersucnt in order to give
them confidence in the execution of the laws;
but at their risk they then performed their
do1y, h,s sanction not exempting them from
responsibility. Here was an innovation ON
the ccnsti,ution-the opinion Of an officer nos
known to the constitution was brought in to
screen misappiication ofpnblic money
"a he ASSUMED the judicial power. And
were the representatives. Of the people to be
restrained from making enquiry, because lie
fiail done.so Gentlemen had said that il
was the province Of the judiciary TO expound
the laws and that an action might be brought
tor the recovery of the money misapplied.
And was the house to be satisfied with this
Ncmedy! 1t was not the mere money which
was the object of attention. Slln,ltl the refnn:
DING OF the money screen the officer who had
violated his trust! A question of this kind
shonld not be passed over out of deLcacu to
;;i;si sdiiais. in proportion to their elevation
were officers secure from accusation be-
cause they were approached in such stations
with reluctance, (. never upon light grounds.
L his circumstance was sufficient security
against light imputatioa. But admit the plea
OF delicacy, and they would be sheltered frop,
all enquiry. Whosoever had the money of
the nation in custody might then dispose of
it as he pleased; because to request him to
account tor 1T would be a matter of hiyh de-
llcacy. The argument that by passing this
resolution they would PREJUDICE the question
was not sound. The resolution might be a.
mcnded SO as to appoint committee of en-
quiry,-upon whose report the house might or
might not proceed. The idea that aporo-
priatioh laws were necessary to be e,<pound
cd, he SAID, was inconsistent with the nature
OF our government They should b.. exDli
CIT and inteliiGible to the meanest CAPACITY.
But II a doubt should a, Use as to the conseruc
ton of the law. it should he laid before The
hoase by the president, whose duty it was to
| lay before Congress from time to time such
subjects as he should deem proper for their
consideration. Three or four opinions of the
attorney general had lately crept into the
history OF this country.-The opinion of the
attorney general had been sent to the house
on the subject of the claim of Beaumarchais
without their requisitcn oft and in other
cases 1T had been allowed great weight He
thought the nation should put It's veto upon
the influence of the opinions of the attorney
general; as related to the duties of the great
departments OF the government. Mr.. Rowan
said, ithe understood the duty ofthe attor-
ney general, IT waSto prosecute suits in the
courts of the nation in behalf of the u. States
and to secure their great interests; but not
to give an opinion on points which the heads of
departments should propose, and under the
authority OF his opinion to screen them from
the scrutiny or censure of the people. He
would not give the nation reason to suppose
that the legislature lent the smallest sanct;.
on to proceeding of this kind and there
tore he thought the resolution should be i'm
mediascly acted on.-It had been said that
this proposition involved the character of the
persons concerned. Mr.. r. said that NAL
faIsancc would never be, alledse,. without
involving character; and according to the
doctrine laid down, publick officers had a IL
cense to do what they pleased. The arsi
ment shat the resolution involved the cha
racter OF general Wilkinson was NOTHING
that Character was ost of the question it
had been too long in the public reach to be
suilled by any thing which could be done in
TINS house. The people never looked 10
whom it is paid; but By whom it is paid.
1.-The responsibility of the departments
is lnvolved.-lf they would give money to
the officer, it was well understood that he
would spend it. 1t was an error of the de
partment Of war. He regretted that this
proposition had come forward at so late
period OF the session but Why it had done
so, the gentleman from Virginia had e,-
planned. He had rather that the subject
should not have come before the house than
that 1t should have been dismissed lightly for
there had scarcely been so important cues
ton before the house during the present ses-
sion. 1t connected itself with the vi,als of the
government. Say at once, said Mr.. r. when
you make law for the appropriation of pub
lie money that yon have no power to enou;re
into its application, that the subject shall not
be approached from deiicacy or the fear of
|prejadging it, & you Immediately make the
heads Of departments despols. A few thou-
sand dollars compared with principle is no.
thing; correct decislon is worth millions.
1t tue house we're to refuse to permit the re-
solution to lie on the table, it might be ~
mendcd. fit should be thought proper, Mr..
Rowan said lac was PREPARED TO vote for a
COMMITTEES OF enquiry not as to the man or
men who had received the money, but as to
those who had paid it. He did not saw there
was any crimiDaiitv in this case, but malig-
nifty and error in this case were the same
for NAL conduct would always ciothc itself
in the garb of the latter, were it to he admit.
ted as plea IN excuse. Upon this subject
there should be the utmost rigor Of SCRUTINY.
1t was lamcitabIe if the opinion of the at
torney general was N rulcthe whole govern
Inent, that from so young an restitution as
this government go perfect an excresepce
bad grown out. il vas no excuse for a man
who had the custody Of the public money.
that he had obcyed the Executive direction
in applying VI improperly.