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

should be sorry to labor Under the censure
OF the House, but If / incur !. in the discharge
OF my duty shall bear it with equanimity
- trust. as becomes man. therefore
move as follows:
Resolved. That the allowance of 1855
dollars and Is cents for " 36 extra rations
iPer day" made by the ,departn,ent of war to
brigadier Gen. Wilkinson at Natchifoches
from the 9Th tothe 30th IF September, 1906
and from the 1st of October 10 the J1th of
November in the same year. and whilst com
manding at New Orleans, from 18th of Nov.
1906, to 24tb Nov. 1907, and of 500 dollars
Tor quarters, stables, &C." at the same
place Is contrary tolaw: the said allowance
being expressly prohibited by the act passed
the 10th day of Marc.s, 1909, entitled ..An
act fixing the military peace establishment
of the u. States"
The house agreed now to consider the re-
MIR Rananylh said sit-mould be recollect.
fe ed that,he had>said the ATTORNEY General
had misapprehendeds because he had mista-
tea the law on the subject of the military
peace establishment; and yet when he came
TO read the attorney generals opinion as h,in
fed. he found TO his very great surprize and
embarrassment, that the law w as correctly
quoted. He would state how it happened.
In the 1Gthipage of the printed report, fifth
Paragraph and fourth line, the word ssaddi-
tionai, preceding the words :. number of ra-
tons" willie found but ought not to be, be-
cause 1t wainot IN the attorney gems. official
report: TWAS omitted, and Mr. X. said he
wished to state how it got in. When the CO
Ply ofthe attorney generals opinion had been
put into husbands, he had perceived the diff
terence between the opinion and the law as
1t now stood and with his pen had mark ed
the omission as guide to himself. and the
printer had inserted it in the printed copy :
ana t'tuS Ihf. X. said when ne read the prin-
tea report fothe House hewas astonished that
II ara not thhcy wiki his conception. This
tthe'h'SS e fsiisa5ie for, every gentleman who
hau the report. and those who published it,
oughtto omit the word "ddditional" This
would shew to the house, he hoped, that it
was not very unreasonable in him to differ on
TINS occasion with gentleman of the attor-
ney generals erudtion; as he had so far
misunderstood the aw.
MT. d. q. Jackson moved that the resolu-
| tioD lie on the table. He said it would he
unnecessary tor him to state, that at this
i.''e period OF the session it would be i'm
possible TO give to the resolution that consi-
Iteration to which 1t was entitled AS il
was announced by the mover of the resolu-
ton, said he, and as l find by the printed
statement, OF which / was really never pos
sessed before this evening, the attorney ge-
neral mas given in his official capacity an o.
Plnion that the allowance was Just and pro-
per and that IN pursuance of such opinion
tine amount charged was allowed -Wirat
IS the House about to do What are they
asked to do! Even admitting that there
was no difhculty on the subject, that a per-
SCH OF the high responsibility of the attorney
general had not given an opinion, they are
calied upon to decide that the construction
gwen by one OF the departments to their law
is an incorrect oae. To make such a de-
ciaration would be an encroachment on the
other parts of the government 1t would be
the essence of despotism to enact laws. and
after they have been construed by the pro-
per tribunals, to say that that construction
IS erroneous incline to the opinion that
tpe decision has been incorrect, but deny
the authority of this House TO reverse the
decision 1t is fundamental principle of
rec governments that the powers of the sa-
Verai departments shall be separate and dis
tinct. The Legislature enacts the judicial
| ry exPoundS but it would be as improper
10Y US 10 exPound as for the judges to enact
q s. we nave witnessed already the ina
ProPrlety OF legislative exposition of laws
IL IS almost SIX years since / brought before
the House the question respecting the con-
O"tia It Ulu not
wish to have involved that question be-
tween the United States and the state of
ONO, in relation TO lands of the United
2tates exempt from taxation by that state.
ne contract declared that five Der cent. Of
the nett proceeds arising from the sales of
lands should be applied to roads. The le-
gisiature OF Ohio, in accepting the proposi-
ton inserted provision that three per cent.
should be applied. under the direction of the
legislature, In opening roads in the state
nc mouse OF Representatives when the bill
was before them contemplating the appro-
priation OF FIVE per cent. solemnly declared
,hat only two per cent was applicable. The
legislature OF Ohio unanimously declared
r ~ nVe per cent. was proper; and Mr.
orec EenrIdse then Senator from the state
oi kentucky, afterwards attorney general OF
me united States, II quote him as high au
tnorlty) was OF opinion that the decision Of
this Rouse was incorrect. What does this
amount to; That it is extremely DANCE.
rouS Tor the legislature Of a country to give
an exposition of its own laws. With regard
10 me word additional" should rather
presume that the attorney general in his O.
rlsinai opinion, must have inserted it 70,
on recurring to the letter Of the Secretary al
war we md that he says, on the 5th secti-
on &C. the President is authorised to allow
tne commanding officers of pests such addi-
"ohdI number of ratiens as he shall deem
proper. Mr.. Jackson said he could moi