W. CRANCH.

Mr. ROWAN moved to amend the resolution under consideration by striking

out all that part after the word “Resolved,” and inserting the following:

_Resolved_, That a special committee be appointed to inquire

into the conduct of Brigadier General James Wilkinson, in

relation to his having, at any time whilst in the service of

the United States, corruptly received money from the Government

of Spain or its agents, and that the said committee have

the power to send for persons and papers, and compel their

attendance and production--and that they report the result of

their inquiry to this House.

The SPEAKER declared the amendment to be a substitute, and of course not

in order.

Mr. RANDOLPH said he was decidedly of opinion that the gentleman from

Kentucky ought to have an opportunity of taking the sense of the House on

his motion: he therefore withdrew the resolution under consideration: when

Mr. ROWAN moved the resolution as above stated.

Mr. BACON said, notwithstanding the evidence which had just been read,

he would give the reasons why he could not yet vote for this House to

act in any manner on this subject, more especially as proposed by this

resolution. It was not to be concealed that the impressions made upon

his mind by the statement of the gentleman from New Orleans were very

considerable; but the impressions which that or any other statement were

calculated to make, were very different from the question of what it

was their duty to do in relation to it. He hoped that they would not be

so much impressed by it (for it contained a great deal he must confess)

as to suffer it to impel them into a path wide of their constitutional

limits. He did not mean to express a definite sentiment as to the guilt

or innocence of the officer involved.

He would not, under the privilege of his seat, on the one hand blazon

the merits of General Wilkinson to the world, nor on the other, declare

that he had sufficient evidence of his guilt. He would leave it to the

unbiased decision of the proper tribunal.

Mr. B. observed the other day, and would now repeat it, that it was not

within their power to adopt the resolution then under consideration,

or that now offered by the gentleman from Kentucky. He then and now

conceived that the offence with which General Wilkinson was charged,

might be cognizable by more than one department--certainly by the

Executive, from his being a military officer. He could say nothing about

the inquiry now instituted one way or the other; for if the constitution

did not authorize them to complete an inquiry, they had no right to

interfere with it, being the exclusive province of the Executive. It

struck him further, that if the facts in this statement should be proven

on a full examination to be true, (and he did not call its correctness

in question, for he had heard the same things from other people,) he

could not see why it was not a case cognizable by a judicial tribunal.

The constitution expressly forbade any person holding an office under

the United States to take a pension or donation from a foreign power.

The act of receiving money from a foreign power, therefore--the charge

made against General Wilkinson--was a crime against the supreme law

of the land, and cognizable by the judicial authority. If, therefore,

we could, as proposed, instruct, request, or in any manner interfere

with the Executive with respect to that portion of the inquiry which

appertains peculiarly to the Executive, as the only power competent to

remove this officer, why may we not in the same manner interfere with

the jurisdiction or cognizance of the Supreme Court? He could see no

difference; with equal justice they could interfere with one as with the

other.

Gentlemen who were in favor of an inquiry in this form, could not

have considered the subject so maturely as they ought. This was a

Government of distributive powers. One class had been delegated to

the Representative body, one to the Executive, and another to the

Judiciary. If they once began each to invade the other’s jurisdiction,

the distributive system was destroyed. It has been said that we are

the Representatives of the people; that it is our duty to see that

the Republic take no harm. This expression was calculated perhaps to

captivate the public ear, and acquire popularity, as well as to captivate

the House. But whatever they might think of what ought to have been

provided, they ought to consider what was. I do not think, because we may

on this, or any other occasion, suppose that we could do a great deal

of good, we ought to take any steps towards effecting an object until

we contemplate our particular powers in relation to that object. It has

been said that this House is the grand inquest of the nation. I do not

know what is meant by this expression; but if I understand the meaning of

the term, it conveys the same meaning as grand jury. Now, Mr. B. said,

he could not agree to any position that this House was legitimately,

on general subjects, the grand inquest of the nation. With respect to

impeachments, and in that case alone, were they the grand jury, for then

the two Houses acted in a judicial capacity--this House being the grand

inquest to inquire, and the Senate being the petit jury to judge of their

presentment. Now, if this House were the grand inquest to inquire into

this, or a similar case, in which an inquiry might seem to be conducive

to the interest of the nation, and were to present a result, where was

the jury to judge of the truth of their verdict? Was it to be tried by

the Senate? That was not pretended to be the course.

On all these accounts, therefore, whatever was the impression which the

paper this morning laid on the table might be calculated to produce

on their minds, he thought they ought sedulously to attend to the

constitutional limits of their duty, and not conclude, merely because

they might in any case act beneficially, that they had the power to act

in such case.

He had before observed, that he would not express an opinion; but he

would say that an inquiry ought to be had; it will, it must be had, and

it should be a full and impartial inquiry. If the inquiry which had

been instituted were but the semblance of an inquiry, for one it would

not satisfy him, or the people, or the nation; it ought not to satisfy

them. Gentlemen had said that a military court of inquiry would not be

competent. Mr. B. did not know what might be their particular power as

to sending for persons; but if that court had not sufficient power, it

was in the power of the House to clothe them with it. He thought they

might, though he would not say that they ought to do this. As a court

of inquiry might have been, or could be, clothed with this power; and,

adverting to what he had before said, that it was a case cognizable by a

judicial tribunal; and if so, that a judicial tribunal had all the power

that this House could exercise in any criminal case, and more than they

had in this, he should vote against every resolution going to express

a conviction that this House had any power or right whatever to act on

a subject solely within the constitutional right of the Executive or

Judiciary.

Mr. RANDOLPH said, if the gentleman who had just sat down had not given

his hasty impressions, but left his good understanding free to operate,

his objections to the resolution would have vanished. The great mistake

made by every gentleman who opposed this measure on constitutional

grounds, was this: that they looked upon an inquiry made by this House,

through the organ of one of its committees, as leading to the punishment

of the individual implicated, and that where this House was not competent

to inflict punishment, it was incompetent to make inquiry; this was the

great stumbling-block, which had impeded their apprehension. But he

would ask the gentleman from Massachusetts whether this House was not

competent to make an inquiry for its own legislative guidance? Was it not

competent, as well in its capacity of supervisor of the public peace, as

to obtain a guide for its own actions, to inquire into this matter? Was

not the House clothed with the power of disbanding the army? Now, suppose

a committee of the House, upon inquiry, were to report, perhaps, that not

only the Commander-in-chief, but the whole mass of the army, were tainted

with foreign corruption, or were abettors of domestic treason, could any

man assign to himself a stronger reason than this for breaking an army

on the spot? Did not the gentleman know, or rather did he not feel, that

this House had the right of refusing the supplies necessary for the army?

And could a stronger reason be given for a refusal to pass the military

appropriation bill than that they were nourishing an institution which

threatened our existence as a free and happy people? Let me, if it is

in order, ask the gentleman from Massachusetts to turn his attention to

the proceeding of which we have official notice in another branch of

the National Legislature, an inquiry into the conduct of one of its own

members. Did they not all know that that man’s offence was punishable

by a civil tribunal? But the inquiry was not there made with a view to

a trial, not to usurp the powers of the judiciary, but to direct that

body in the exercise of its acknowledged legislative functions. Inasmuch

as they possessed the power to expel one of their own members, to

amputate the diseased limb, they possessed the power, and exercised it,

to make an inquiry. Now, the gentleman from Kentucky had just as much

right to institute an inquiry which might lead to the exercise of the

legislative powers of this House, which might cause the disbanding of the

present army, the erection of another, or the refusal of supplies, as

to institute an inquiry into the conduct of a member with a view to his

expulsion, or of an Executive officer, with a view to impeach him before

the Senate.

Mr. R. therefore presumed that any inquiry which this House might choose

to make into the conduct of any officer, civil or military, was not

an interference with the powers of any of the co-ordinate branches of

Government; they were left free to move in their own orbits. If a crime

had been committed against the statute law of the United States by such

officer, the judiciary were as free to punish it as it was free to punish

a member of this House, into whose conduct, upon suspicion of treason or

misdemeanor, inquiry had been made, with a view to his expulsion. The

Executive likewise was left free to exercise his discretion; he was left

free to dismiss this officer, to inquire into his conduct himself, either

with his own eyes or ears, or by a military court; to applaud, or censure.

Did they take possession of the body of this officer by an inquiry into

his conduct? Did they interfere with the court of inquiry now on foot,

but totally incompetent to the object? Gentlemen, indeed, had said, that

if that court did not possess the power of compelling the attendance

of witnesses, we might clothe it with that power. In expressing this

opinion, the gentleman from Massachusetts had not been more considerate

than in expressing his first opinion. Could any one conceive a more

dreadful or terrible instrument of persecution than a military court,

clothed with the power to coerce the evidence, and the production of

papers of private citizens? Clothe them with this power, and there is not

a man in the United States who may not be compelled to go, at whatsoever

season, to the remotest garrison, on whatsoever trifling occasion, at

the will of a court martial, or a court of inquiry, leading to the

establishment of a court martial.

In the course of the present year, Mr. R. said it had been his lot to

receive, from no dubious or suspicious source, information touching,

not, to be sure, the immediate subject on which an inquiry had been

moved by the gentleman from Kentucky, but one intimately and closely

connected with it. He meant the project, through the instrumentality

of the Army of the United States, to dismember the Union; and he had no

hesitation in saying--and it had been the opinion of a large majority,

if not of every one of those of whom he had been a colleague--that the

Army of the United States was tainted with that disease; and that, so

far from the Army of the United States having the credit of suppressing

that project, the moment it was found that the courage of that Army

had failed, the project was abandoned by those who had undertaken it,

because the agency of the army was the whole pivot on which that plot had

turned! This was in evidence before the grand jury, who had the subject

in cognizance last spring. He said that these conspirators were caressed

at the different posts of the United States, in their way down the river,

and by officers of no small rank, that they received arms from them,

and the principal part of the arms these men had with them was taken

from the public stores; and under a knowledge of these circumstances,

was he not justified in the belief that the whole Army of the United

States was connected in the project? He did not mean every individual,

for there were some who could not be trusted, and some who were at posts

too far distant to be reached. That those who were confidants of the

Commander-in-chief were interested in the conspiracy, no man who knew any

thing of the circumstances could doubt. He, therefore, thought that the

resolution moved by the gentleman from Kentucky was every way reasonable.

Indeed, he did not know whether the resolution should not be so varied as

to embrace not only a charge of that nature, but all whatsoever.

Before he sat down, he should have it in his power to give to the House

something certainly very much resembling evidence in support of the

justice of his suspicions on this subject. On the 26th of January last,

the House would perceive by the Journals, a Message was received from

the President of the United States, “transmitting further information

touching an illegal combination,” &c., printed by order of the House, and

which he now held in his hand. In this Message is contained the following

affidavit:

“I, James Wilkinson, Brigadier General and Commander-in-chief

of the Army of the United States, to warrant the arrest of

Samuel Swartwout, James Alexander, Esq., and Peter V. Ogden,

on a charge of treason, misprision of treason, or such other

offence against the Government and laws of the United States,

as the following facts may legally charge them with, on the

honor of a soldier, and on the Holy Evangelists of Almighty

God, do declare and swear, that in the beginning of the month

of October last, when in command at Natchitoches, a stranger

was introduced to me by Colonel Cushing, by the name of

Swartwout, who, a few minutes after the Colonel retired from

the room, slipped into my hand a letter of formal introduction

from Colonel Burr, of which the following is a correct copy:

“‘PHILADELPHIA, 25th July, 1806.

“‘DEAR SIR: Mr. Swartwout, the brother of Colonel S., of New

York, being on his way down the Mississippi, and presuming

that he may pass you at some post on the river, has requested

of me a letter of introduction, which I give with pleasure, as

he is a most amiable young man, and highly respectable from

his character and connections. I pray you to afford him any

friendly offices which his situation may require, and beg you

to pardon the trouble which this may give you.

“‘With entire respect, your friend and obedient servant,

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