The enquirer. [volume] (Richmond, Va.) 1804-1815, 1814-01-11

in the invasion of the territory of the enc
my. Under these circumstances, and when
their Scrvices were most needed, they were
invited bv Governor Chittenden tu desert
their position. HIS conduct in this respect.
must meet the decided apprehension not only
Of every member of this House, bst OF every
gond c'izeu in the nation. IL ought then
TO receive legal scrutiny. His offence onght
| TO be punished, lest our laws sAou'tl be sub
iect 30 the remark which was applied to
S1lcn's--that they were like cobwebs which
entaneled the weak, but which the strong
could break through. To bring this subjec,
directly before tins House, he offered the
following resolutions
| Res0fUsd. That the Militia of any of
these United States, or the territories there
or, when lawfully employed in the service
of the Unised States arc subject to the same
rules ana articles as the troops of the u
States
| HesotUed. That every person not subj -
to the rules and articles of war, who shall
procure or enticc soldier in the service OF
the United States to desert, is guilty of an
,nfract'on OF the laws OF the u. 5. and sub
! Jec' to punishment.
ResoivcG, That his exceliency Martin
Chittenden, Governor of the state of Yer
mont, bv issuing hrs proclamation. dated at
Mon'pellier on the 10 b day of November,
in the year of our Lord 1878. did entice sol
diers IN the service of the U. 81. To desert
Therefore
| Resoiv'd That the President Of the u.
). be and he is hereby requested TO instruct
the Attorney General % the u. S 20 ins,i
tufe prosecution against the said Martin
| Chi'ien len.
Mr.. Fisk Of Vermont, said he had hoped.
and in so saying he believed he exp essed
the sense a the whole delegation from the
state of Vermont, that these resolutions
'vouid not have made their appt arance.
de believed that very few people in Yer.
mont approved Of that proclamation. He
was certain there were nene OK the de!ega
ton from that 81 ate who approved it. The
| act was unjuStifable -but il was the act of
the governor OF a state. The resolution was
objectionable in several points of view, of
which ne would briefly notice only one or
two. 1t Governor Chittenden had com
miued AN offence against the laws, he was
liable to the proper tribunal 1t was not
| proper that the House OF Repre- sen,ativeS
should turn nforrerS. The courts OF justi e
shnniG be as clear from any improper ntiu
ence as possible. If the resolution shculd
be adopted-and the weight Of the opinion
OF the House of Representative, were such
as II ought TO be, il wOuId lie c ',clusive a
gainst the Individual Cnncerned-it, how
ever, theV failed IN convcting him. and
bv their accusation. it would place tpiS DO
DIV in an unpleasant # nor ridiculous point of
v'e". In such case the House had no con
stitDtionhl power and = y resolutions on re
subject must be iwlpr' - AS we'll as for
another reason these solutions declare
the law to be SO and so, aei then declar--
the Governor to have violated the law
No~, said Mr.. F. our resolutions uei-hsr
make nor strengthen the laws and therefore
can &c of 10 use. Viewing the resolutions
IA objectionable in every point Of view, he
moved that they lie on the table.
Mr.. sharp said. as the delegation from
1 Vermont appeared - object to the form or
principle OF these resolves, ne had no oblcc
ton IT, let them lie for consideration.
4 MIR Grosveror of New York. said, il
without expressing any OPINION 90 tie part
Of th's House. the reso!l,tiaD merriy direct
ed the Attorney Generai 10 institute "a pro
secution against Governor Chittenden, he,
ltnr his own part, would not object to them
tie had no objection 20 let the Jud iciary,
nnder the constitution and law, decide tie
question At once, whether the Governors
who hsd acted with Governor ChiCtenden.
ad or had not acted constitutionaIiy.
Without Knowing what was the opinion Of
hers, t that part was expunged which
brew the opinion os this House in the scale
gainst the gentlerp an implicated, he should
1Cl oOJeCl tC q resolution which should place
, The question properly before a judicial tri-
bunal, where alone it could be correctly de-
tcided.
Mr.. Wright Of Maryland, said, ne was Of
the same opinion with the gentlemen last
uD, bnt tor different reason. HI did not
wish the crime in question to be con idere
as the acre breach Of penal law. He held
in his hand the constitution Of the United
States which defined the crime of treason
to be levyiDg war, SC and affordng aid and
, comfort to the enemy. He had no idea of
con6nng the offence of Gov. c. either ex
pressly or by inference to the mere pecadillo
of violating a law, when he aDpea d to
have violated so much more important and
authoritative an in trument
Mr. Findey of Pennsylv 4nis. said he had
no objection to the resolntions-iyrny on the
table but ne was totally opposed to this
House giving its opinion on the l4w tr di
recting the prosecution Of any one He was
opposed to the whole resolutions because
he believed no good could com Of lie N.
though he shoAld for the present. vote for
.hcir Wing ON the table
The 'lutipns we're then ordered to lie
IN The able.
The House resumed the cons:deratj n of
the renort ct the committee If the whole o.
Mr.. P,ckens's motion which was debated
r some time 5v Mr.. GroSvonor. IN nDDosi
ton, and Mr.. Castor and Mr. Pickering il