Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-01-08

things had been but the reports on the sub
Jects were of such a character as involved the
peace of the country, the character of the
government and that of this house and he
therefore hoped the inquiry would be suffered
to go on.
Mr.. SMITH expressed his wish that gentle
men would construe his remarks in the man
ner IN which they were made. He did not
mean To say, nor did he believe, that an inves-
tigation would show our government to be in
tle wrong On the contrary, he expressly
stated his conviction that Gen jackson had a
right To do us he had done. Mr. s. had sell
dom been on jury, but he had always uu-
derstood that no indictment could be found.
unless upon complaint made, or upon the po-
sltlve, personal knowledge of one of the pan
mel. Bat what was this house called upon to
do: They were asked to hold grand inquest
upon distinguished indyidual-and that, too.
without compliant, and without Il particle of
testimony to sustain it.
Mr.. FLOYD would trouble the house with
but few remarks on the subject. II had made
up no conclusive opinion ON the conduct which
had been reported 10 have taken place in Flo
rlda. lie was in favor, however, of the call
Tor Information. II had been said that the
subject was about To be discussed in the Sc
nate ON the question Of confirming the official
appointment of one of the parties. But had
we arrived at the time when il was not our
duty to inquire into the conduct of our agents
Shall investigation he strangled No, sir, let
the truth come forth. 1t can do no harm TO a
righteous cause. Men and things NAV change.
but principles never. The time was, when
government was known by lis acts, and when
the representatives of the people did not fear
To call Tor any Information that concerned
either the interest or the honor al their constit-
uents. But has 1t come to this, that we can
take no step without an intina,ion that we are
permitted In do SD He hoped not and he
wished II might be made manifest by the in
vestgaton proposed, that oar government has
not been in the wrong. That il might lead t.
discussion, was not an argument, in his mind.
against thrrcsolution. If it should take till the
middle OF May to discuss it, yet let il b. dis
| c,Issed-lor when we cannot discuss, said Mr..
III shall he willing to go-to Spain
Mr.. WHITMAN. The gentleman from Ten
nessec Mr.. Cdnn0n,) has told us that this is
proper case for the Executive. Bat what
can the Executive do ? Has he the power
to inquire, and try, and dismiss from Office
Can he recall a Governor he has appointed,
institute an inquiry into his official conduct,
and punish him for AN offence No such
Executive powers could he found-nor was
there any such responsibility resting on the
Executive as that gentll man had seemed to
app:ehend. After the appointment was made
the responsibility of the Executive was ex-
! hausted. The gentleman from MARYLAND
Mr. Smitk,) had feared lest the enquiry might
find oar government in the wrong. For this
very purpose he had proposed the enquiry
to discover where the lurking mischief lies
ana to put this government in the right If
the government or its agents had been in the
wrong, the people ought not 10 be- identified
with thenn,or with Il faulty individual II was in
fins nnIy iIa rh al.
could be retrieved, if it had been furnished,
land the argument efthe gentleman was, there
tore, IN the teeth of his object Ii had bsen
SAID that an inquest can act only on CON pl;sint
or personal knowledge. But could this an
ply to the grand inquest ct the nation Must
formal complaint be laid before us Are
the technical rules Of legal process to fetter
inquiry ny the representatives of the people
or are we to shut our eyes against the light
unless 1t Is introduced to us through the me-
dunn of complaint and legal evidence? If
the great public protection of our liberty had
been transgressed, (Which there was but too
much reason 10 fear it was our bOunden du-
ty to institute an enquiry-and the more eIe-
waited the offender, the more impcrious did
! that duty become If the Governor of the
, Florldas had performed so many mrritoriuus
actions, and acquired so much glory as TO be-
come the idol of the nation, so much more did
:. it behOye the people To be on their guard
E. 1t was in this way that tyranny was most apt
; to creep in and destroy republican institutions
"A popular demaSoSue, having performed
splendid achievement and daZHIei iae eyes oil
tie people, Is most dangerous because leas
suspected But it had been said that Genera
jackson was the Supreme Judge of Florida
But does his commission say SD Do lii,
principles of Our Constitution authorize this
blending Judicial with Executive powers
III Is a fundamental doctrine of our govern
r ment that these departments shall bc krw
:, distinct No implication can Justify their mi
{ on in the same ndiyidual-nOr can uncOnsti
4 tutional powers be impaired where none are
| possessed Ivy the source from which they ema
| nate. The people of Florida are entitled Il
z, the principles of our cunstitution-aad thi
= union of executive and Judicial powers IS fo
= nOnstrOus TO be defended If this House i
not competent to hold an inquest on this sub
e Icct, by whom can it be done ? By the Sc
! nate? That body has the powcr to iudr
u upon articles of Impeachment, hut not to ofi
c gnate or conduct them. The inquiry, there
y fore, was proper for this House, aud me hope
u that the magnitude Of the occasion would in
y ducc them TO avail themselves Of il.
Mr.. BALDWIN expressed his regret that gen
l. tlemcn had gone into the merits Of the cas-
upon mere incidental motion that had grow
C out of call for information. Tyranny, Grim
y usurpatlOn, and outrage, had been placed b,
ID fore usas confidently as ifthey had bccu pro-
a, cd TO exist. II this were Justly the case. n
IS, information could be wanted-ror it wouI
=. seem to have been already obtained. Mr..
ID did not feel that his liberty was in dangerfro
N any thing that had taken place-and, SO far
n he had learned, the case in question som
" what rcsenbicd those controversies that f.
ID queutly arise, when a witness or party wit