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. ( A. - ' ;THURSDAYif ;jANJJj(VRY. 10i 181) "tf ''' VOL. 3K "i 1m -; r -KALElClIrN,C. PUBLISHED (wEeuty) BY LVCjAflD :A?ILIJOYI.ANrr 7 03-50 lea t jo.' 1 It , dpi. ;reI', .stall, 2toii lit t ar .s . 'sen' "mit- '! it :.L-" .same time that; he washable to be brought' to . . trial bdore another authority. He could not aid -" the proOTcss bf theenquiry "hyany vote of his, , - j though he n'rejoicd that the nitter. was i, MrPittln said; that if llis.-ubiect yere new, land now torttfe first Jjroe agitated, he presumed I. . " 111 i. 1. ":... 1 .. iL i again The following resolution, offered by Mrr'W mder considei'atlon x v ' i V ihere rould be na obiiction to its. hriuc on th Ublcr. 4ltia it wa aot ner, the Mibiect having ?Vi!kiown In relation td- hi? having tit anytime, !ii!st in ths aervke of the; United States, ;cor-4 (jr inany way juvMv-ciucM wnu uic agema 01 Miy foreign power, or wjw Aaron uurr, an a project jeainsfpe dominions pt;. the Jang , of Spam, or todi&tfieinDcr uicsc vnncQ orates .. Ana mat tne nid commitiee enquire generally into the con dkt ;6f ;t1beWi4''an' Wilkinson as Brigadier ficnerel of the kttaf ot the United States : That tfe'taMlcpmimttee have poer toend for per loni ani paptrs and compel their attendance and ro(luctiof)j and that they report the result of their uirfto thUHoueiV r - ' I.-"liknt Hatdhef hrtned this npstinn would jt be taken ery, ; hastily He wished1 the mo tion might lie on .the table for two qt three lays. panecestary, nay, ifpproper. 'He'said-he .was not now "prepared to refer to documents otje rorlJ or to the sentence of a military court of.en- iry jta prove jit.He alluded to that member the resolution yhich regarded the Spanish bu iikssV There-had been causes, he said4, unfold- to the .committee at the last session which would shew them the impropriety of enquiring in ofe business the Spanish pension. . -Jt wcild premature noi tostate the reasons whicli go terntil hisraind n wishing to strike ii out. Uc moved that the resolution should lie on the ta He. j ' ;-r t. Taylor said he had always been of opinion the power of this' House did hot ' extend to the jubject; of : this enquiry." That opinion how cer.had not beett in coincidence with the opmi. M;majorltylr tfiianioiiAev'A Neither should irnoV attempl to argue (his ground over again. He as, and he believed a - great jnajority of this House was, .''pretty well tireof this sjubpet ; and if the investigation wa to come to any thing, he vould be for giving to the committee, who wtre to have the subject in charge, the earliest pos ab opportunity to commence their labors. For, he said he believed if this individual possessed a Fin 'of popularity, a "pehhf -weight of character, . iMi mode .of bringing forward this subject so late A the session that it was impossible to coma to a conclusion i this holding Hp his character on the' tenterhooks of ' public' Opinion T the " conrse'pur-1 we? throucrhout the while business, would make jcelve any; evidence relative to the subject, he con- itieiforse the better side. . He. said he was un-jecived that the amendment of the gentleman, filing, if this person was unworthy of the cofifk! though not improper, Was unnecessary. He be- ihrthTTernmentrtharhe should hold ailieved it, was the understanding of all trentleman who were in .tavor of the resbluiion that testimony should not be entirely ex fiprtc ; but the commit tee ought not, he conceived, to be bound to re ceie'the evidencer unless they deenu'd it condu cive to the. end of enquiry. He; ,swas ''..opposed to the amendment n.ore because it was unnecessary than improper. ' '. "li . . ; Mr. Troup, supported his amendment. Was it possible, Je asked, that this House could eve' think' of coming to a decision on the -character and conduct of an individual without hearing him in hia-defence ? If they . heard tx parte testimo ny, was it possible that they would come to ah ex pai u fonclusion ? Gen. .Wilkinson mast - either he heard iby the House in his defence before they pidnounced on hii conduct, or acted in relation to ,him as if they had .done so.- Suppose the House should ori thif occasion chuse to consider itself as ai - inquisitorial tribunal, as the grand inquest of the nation as vit was. calledwhy, he. miht be tried twice for ihe same offence ; by "what was called the grand.' inquest of tins house, and petty jury of his country. The house would observe, that in the case of their proceeding, although there was a grand jury to find the bill, there was not a petty jury to determine the question of guil iy, or not Auuiy. fiier pronouncing as iar as they could, the housnt were to tuin him over to the laws, according to which he must appear before another grand inquest,and afterwards : be tried whether guilty or not guilty before a petty jury. If thy proceeded in this1 way, there wou)d bsja double- prosecution -for the same off enccT Mr. T. was therefore' decidedly of opinion " that if the house pursued the.subject,. Geh. WilkinsoTfouht to have his constitutional and legal right to con front his accusers. -' . '. ' ''-L---f----'t Mr. Rhea said this amendment would cap the climax of the unconstitutionality of their proceed ings :. for it would give to the enquiry all the for mality bf trial. " General .WHkinsonjMraV"t6t''.in his .ple?i of guilty ornpt gdllty Jjhi : committee must rejoin "; evidence must be takehi on'which the Committee would pronounce, ; .1 his would he a trai -to au mienis miu purposes, exeept mat in other ensr theiparty was TJOtcalied upon 10 answer jSt sifiotaifly jfr the House; at ses n rcquiry nartuHy .4iaa na a repon the suhiect, b could see no sufficient reaspr for' its lying on Ae table, 'If the majori ty" was determptid jjiat tKere ahpuid be co furthex eiiquiry, it ought to, Be decided immediately, for the reasons mentioned by ,the gentleman from South Carolina ; HFor the honor of the Executive' and of the person whose conduct was the subject of enquiry. The limited duration of the session was also a strong" argument in favor of an early decision. . - '' ' ' The question on the resolution's lying on the table was lost, 33 t6 78. " )Mr. Troup moved to amend the resolu,tion by adding thereto the following wrds ; " and fur ther, that the said James Wilkinson be notified of the time and place of meeting of said committee, and be heard in his defence." irlri Stanford said,, he had never 'doubted, asf well from the constitution as from the plainest dictates of common sense, that the House had the right to enquire into the state and conduct ot the army, or that of, one of its commanding out cevs and had more thap once authorised commit tees for that purpose ; but the form of "a curt to sit, collect testimony, hear and try a military effi- I cerj had never before been attempted ; because to the mere purpose of enquiry no such thing was necessary, u proper, 4.1 tne .committee 13 to go mtothiS iorm into the business, and then again the House in like manner, there would be ho end to the business. The amendment uow proposed assuming tbe form of trying General Wilkinson, he hoped. it would not be adopted lie had no idea ot a committee of this House, calling a gen tlemen ofhe military garb before them ; hear rum, as it -is. said, in his .defence, and' it would seem, as a thing of oojirsefiftei-wards to pronounce J&P&fXJf fWfyt f .. . .' Mr. Pearson said it Td been believed by the committee at the last session of Congress, that they had the power to receive any evidence Gen tral Wilkinson might think proper to bring for ward, and in the manner which should have been deemed most consistent with the duty of the com mittee, and the honor of the House who appoint ed them ; and he believed that every member bf the committee had' been at all times during the session perfectly willing to receive ariy Communi cation which General Wilkinson ' .'rnieht have thought proper to otler. If it was the. object of inc" rwrqr merejy inai me tomuuuee snouia re Mr IV,' Alston said that unquestionably if the,- lHx.Mitchill said he was rnnosM it? (t ri. house haS a, nght to enquire-into therguilt they broad - erround thai it had 'ahekdv' orV- X had a r'ghi to encjuire into the jnrOcence of Gen. Wilkinson,- Would it he right or just to tolject every iwr against on inaLViauai to, Diast bis cna racter tor Ttyer," without heanng.his side of the question f . Who knew", if jthey.heard him in his defence, bstffe charges ag?frsf rajgVteafl disappioq:ttH ,werelhe iuly.thii Akey vrte i Vcah 01, coiHdany one olijectto hearing both3sideJl f th questjop 'Every dhe,Twha htid even attended courts, must have beerr satisfied1 that one story wasgood till another wa? tqjid. Vhe . objection to this amebdment shewed: thatpne side of the question was wanted and not the other. iTir. opuuesAiu, one ining ne wamea 10 Know peentafeenjiriatiheresoIutiohouIdMna asitnoW v utMtfcnJ whtfe1 the government could not lake lwfdof him j and he would therefore not postpone .the? subject a . jlay or ' an'!-hour, -but give it to the .committee, if it w a the sense of tb House- for, lie would say, that the government of the United Mjx, in respect to this -individual; from the lime ofhis being ordered, from 'command, had iheirhands tied." not havim? the nowec of dismisT- mg him , frrm service, e.ven if it; had been pro lf.6ubyyotnntBt5aid MnTayldshatcTi tk victmi, from - public opinion, and produce a conviction that he cannot be dismissed Xrom.ser 'ice festhis improper actions shou!4 implicate the Executive, v(ho could but do as the "have done. Crhsure has been" passeVl upon this officer by the ctcment inasmuch as he hs been superceded tt important' command,' previously too, as it Pars, to the mqtipnof the gentleman from "otthCar6lina CMriPeareonVat the last session t 'T,8aid he was hot for puttitur it oft ; he was M meeting tbe thing. - If gentlemen of the House jfW determined to. enquire he said, let liPbe jeedily, sq tha thete-might be an end to the liaess, md to the unjust imputations on the emment . for keeping him in employ, when it I the opinion of many (he had already express jMlisJithat he shouluVhe removed Mr. T. said jl against postponement for a day or an hour. ,eH i if he were anxiousTort the reputation of the Wividual, he should be - of the Bame opinion. u anxioUS alsofottreputation of the Ex Hve in' retainihg Uim ofBcei iwhich would be 'onvnitteJhy keeping xhirii in command, if Con- a sort of committee of safety, . an uncpn Wwnal, court orcommitteilof enquiry r had t;tt "weeh himcthemhtHcwas .-W-Averse- to posttwnementrf- tem:o'taia.W agreed with his friend rem ,nb Carolina in one respectf but eould, not yote Wiim on this question ; because, he considered I ' bus'uiessf from its :cpWrnencement vto this j3 m hcprt$Vtu tional proceeding on thrf 'prt; J ; llout "The House Appeared "determined i so l-t Uhj; but "it should not be with , ml i?mt t0 aroper understanding of the sub 8 no foFYt-be aid, but so far from iCT I S'lf that ihis'-subjett; had been renewed iWwM tgii evil woul correct itself most 1 ?sri h' W'' every;maft would, turu his eyts iiis rscJand "reflect iipon the precariousness ?n"situd'tibh, if a. committee.. of this House c, at-trie of gentlemen who patronized this resolution . .. i i . it . . nr.i i v: . . whi via? men- uDjecc. i no Dusiness naa arrived to that: stage, that' it was tioje to declare-what they ultimately meant. Did they mean, aftei the enquiry was finished, that the house was to de. cide on the guilt or innocence of this officer ? If mis was wnat was meant, tney ougfit to tell it ; and in that case, the amendmentjwas necessary. If the committee passed sentence, they ought to shew whence the power was derived. From the constitution it could not be, for there was no such power there. He supposed, however, that they did not mean to carry the matter so far, but mere ly to pursue the enquiry and blast .the, man's cha racter by publishing the result of a one-side en quiry. " Mr. S. appealed to gentlemen whether af. ter this Gen. Wilkinson could have a fair trial be fore eitherof the courts, civil or military, before whom he might be called. If e hoped at ajl events they wouldldeclare what was their object ; either to judge the mail and pronounce sentence on'hira, or publish to the world every thing they could coh lect against the charater of the mam Indeed, in his opinion, the house had got into a situation in which they would always find themselves when they took a wrong step. His opinion had uni fonrdy been that the Jiouse did not possess an in quisitorial, power . as such; that where they had no power jlo impeach they bad no- power to make' enquiry into the conduct of an individual. Mr. Pearson said, on further reflection he had thought proper to accept tre amendment offered by Mr. Troup a? part'of his motion, come a part of Jlr. Pearson's resolution Mr. T. Moon: said that now this amendment was ihcorpovafed in the original motion, he found himself under the necessity of voting against the whole. He had always considered that the house had a right U enquire into the conduct of general Wilkinson ; but he could never agree that they had aYignt to-Jtry him. - The gentleman frojm Pennsylvania , had" stated, that if the house pro ceeded and sent that officer before a court martial with the sentence of the house on his hack, it would be holding him up to publtcview. in ,a way which wxjuld .be very unfavorable. For his part, Mr. M, said, ne could see that othcer in no other eround thai it had'ahedF'ocfterf- too muchof thcartentionof the houue. rlla itu-Arei wished itxlis-rniisec' and t!tat the p-rson tfncriN ed might bq left t' lidalrwjth by ilieTxLci-' tiye as tlie; const; 'u.'Mn lectaand as be wcuU be if it were "not for tic t. rVt,t tot ll.o hfue. here to- lUiJtttiwMto-Akd&ifcUa' nhiih it had t"nougttQ flo.'anleavt'.to' theseiecutive'CQ ... t .., wui,uv ns vopimaDaer,' in cuici ot XheJ, armies Jthe U Statea. ?l QiC---;Mr74csiud,houl4 Mt5 deinl&uvt!?'' moving tstfikutyVpart oesofeioh; V , for he w as cvinced, 'froxn!rthe;?vo ' beforea bill jyere found. .If there waf any proyisioh contained m the constitution to arrant such a proceeding, it was unknown to him. '; If he were desirous to aau wtne ausumiiy 01 me original cro- secutiorlj he should voie tor ihemctKlrnnt ;but he had iio.such flisposiubn,. lie had risen forth purpose., o tquuui vuc.jcs auu uays oa.ine against whom a bill was to be found. How would that operate i 'Would it prevent justice ? N6 ; every day's experience proved the contrary. The amendment carried with it the appearance of put ting general Wilkinson on his trial. Mr. M. was therefore against it. . " " . Mr.tanford said he : had no idea that the house had a right -to go into the full form ol tryihor a I military officer by yne hs committees. Iklieving the amendment had given the proposition a form whiclr rendered ;itestroiiableFwHtWer in passing it they were borne out by the constitution or not, he must vote against the resolution in that cha racter. The house had on a former qpeasion col lected testimony and sent it to the executivej on which testimony', he presumed, the court "of en quiry had betn held in due form. lie. was, not disposed .to go farther in this case than sending the testimony to be collected to the executive. He therefore moved to strike ouTthos words which had been inserted in the resolution at the sugges tion qf the gentleman from Georgia. - l. . Mr. Butler "said,, that situated as he had been during the last session of congress, he found him self called upon to answer the question of the gen tleman from Pennsylvania, who asked what gen tlemen mean by .this enquiry; I trust, jMr 'Spea ker,, (said he) I shall be among the last either in this house or elsewhere, that would say or do any act that would unjustly detract from thev merits of tne man that is brave and virtuous ; and the geivs bravery was not doubted.: But, whilst I am anx ious to guard the reputation of the individual,-! wish to pay some attention to the honor and in dependence of tlie American republic ; and Be. lieving, as I now do, that "general .Wilkinson, as commander in chief of Ihe. American army, has been guilty tf improper conduct, I am willinnr this house shall malte theenquiry, and after hear ing the- evidence 'on both Vides,' if the charge; ex- H. tbut"? h? had -ai he la sess1oagofed; lor d resbliiUoh similarly tea tion, aiid had the honor to bi appbinteel one' frth ' " committee, he tk jra duty -which he-owed to himself and the house to atte somof the reasons ' which had induced hinV to change -his opig'rba on' , the subject. An aged and honorable friend (Mfir Smilie) had at the last, session' given i admonition -of the impropriety oftheir-proceeding'and Mr" R. said the longer hVsat iip'oB thy cbmmUite lhet" rnore he became convinced of" the incorrectness loTrv his vote.' At that time thopopujar clarnof had . been loud ; the public had 'apefared' to demands i s-' the enquiry ; and he liad heard; of the lanlcntaDle. destruction of the army, in the marsn'es of aa Bffiuf. Without' much reflection on, tbi cohS stitutionality of the" question, Mr. KsaidhehacJ yoted for the enquiry ; and he had thought that V " perhaps something might grow out "jjf it ;t "thatl " the house might withhold supplies as Wi asthi V ' executive continued in command a fnan whom the I house on a full investigation should deern umvbi'v l 7 ' thy of the public .confidence. He had thbiijhtV also, that if might lead to another 6bjectihe ' 1 1 repeal of the law crealing the offices of Biadltr,V 1 General. This enquiry by -the house, "JMiv-U ; ' said, he believed had prevented the dismh?ioQ tf - v ; general Wilkinson, or at least an executive-1 en- - ' quiry-into bis ' conduct. , He said 'that- he had , ' found that a "committee wduld. be uhabje, and-'' must of necessity be Umable to do iusticef to the ' vi character pftherirldividual and justice to ln,e qa tion.", Bfwhat nteanshe1' asked, could th MnL TOufteYoajpiT iotft.&'nt'of witnesses w how were they to be hr.for'med of the persdns proV- per to be subpeened, unless-from, of7iLers v. J?o' had been, or now, were under tfhe command oi -s general Wilkinson, and ere willing to Voluriteelv ' wicir acivit gonial IUU1'. XlO'iV SllOUlCIt mc3 -' j1 things be known, unless from those" whbseoLjeci i it v. as, instead of allaying, to, increase the popular V clamor? To be. sure the resolution now looked as(T if generarWilkinson was to he heard before thej " committee. But were the house ertsun, that hei would avail hirqseif of the opportunity i had not. at the last session asked to be heard of the-' committee, because the ptwers oT that committee " extend to dedarincr his euilt orJnnocienftil. pointof view than as a person before a grand jury, Thir resolution, Mr. K,' said, embraced tfcre'e-'V oujecis, liwo 01 wnicn naa oeen aireadyrsiitncieni'" ly examin;d. .His conduct on, the marshes 'below" ." tZ " tvcau3 ueeu auuKivi'uy vesiigaiea, vDjr t r a fommittee appointedatthe last session exrms- " i ly to enquire into that Bubject. - 4 His - eond,t as ' to the Spanish pension had been investigated be fore military court instituted for jthe p,i:posef'j-;'-aqd by tha corj. it had beei reported; thnt'theri ' 4 f?J?Ite Qf la having r beena "Spariish, .'.' pensioner Kiit-, thnt hjs having -received, money " frp'm the Spanish government was duacco-nt ofs a .tobacco coiifract. , But even if that wefehottbe ' fact, the length' of (inie,eUpsed:and the cifcum- stances, attending the transaction ' would be VuffiV cient to render an investigation on that poiirt expeditnt.4. As long ago as 186 or 1787llwh.cr the mouth of the Mississippi were held by Sai, thejinhabitsnts on its waters were taking Jneasu re t,V i -if not for independence' of, the United Statei, at least for a connection with pain. , But ' was 'this ' " any thing new ? Had it 'net. been-communicated -tVf- . 1 ITf. , 11 . .. . . . - - m . . . .-W 1 10 , vjcneiai av asningion. ana . also, to ai r js A da ms f ;v Yes : and what had they done I ?Tiev hid I instructions to search into jibe" maftery but whcA . 5 the treaty ha.4. been made , mh , Spain in 179S,aid 1 coAiafinn nta . A: t-'tirAicrttA .:4Ji&mi I ' many- persons ,jn voi vea . wnose: names had been y heard on this .side the Allegheny, the govevnmcni ' l 11UU At I thought proper .to make the investigation. , w thelast session,. Ir . said he had steu I&i- 2 1 ters communi&ted to Mr;,M'Henry when Secie, tary of War, giving informationon the-subject. Those letters had not been put. uppn the i files jz the War officej .but had been retained apion'g hV- private papers. It had been deemed, prudent vbK' Wastiingtoiv and Adams to. suffer the matter m W go to rest.-', What, occasion then Van there .v kl.rey:thisiejiquiry j to -rake utbe ashe.4f IlK rl. arl ? XTtT.fV. inp; .to the subiect, 'General - Wilkinson ' h i wwt i nil i--A-M 1 1 ,1 1 1 1 " ihiir-f-wiva iin rn inirKAi.-.. .r ' . ... hibited4gainst general Wilkinson. shall be refuted, I wish toay. to the world that he is an innocent and persecuted uiari ": and if on .the other hand after, nutuiesiayestigaticftfe stated in the J epoit of the committee of which . I was last -Session a' member,' should appear tb.be trcf:t a a ppresentative of the people of the U , States, I will hot hesitate Jo say, "that gene r J Wirkinson ought tobe made a public Example oflvThat Wasjny ; meaning when pn the commit teOaitession ;wha.tQmay be the Idea" of i.he r.v HutjUuii,YTa3 men lancn on-ivir. iKantora s to tne, resolution. ' - ', , ty ? t Mr. GfioUon said he; had voted in fafor' of U,e motion to lay , the resolution then beKjrt thW' r ' remain in office. ; i ,Ir, R4t!aid he felt ii Jwnfideneethat,. -": investigation thecharges erjayik 4iifn h"d hteh' found to be' well etounded' General .VViii TEV ,! would haye beeiircfofertfiTW.p remQVcd'ro.a" the.coiuman'd from which lieJiad been iiitm,'iT - but'for the enqiiuyi Itvwus.unwiainfe h4CaW.'! -ther' enqulryiby .the.LwiiesK'Jid'i' nrotract "Al'" notion, vnd lost.'tSO'to.1 qiicsuon fccumnj on ine.resoiuuou as a- T-X'l : : f.: lVtems'Jle had also voted far us ' - ' f.-'. ' - ' ' n- ' J- -
The Raleigh Minerva (Raleigh, N.C.)
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Jan. 10, 1811, edition 1
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