The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-12-08

IT, us EiN"NSn u'M 10, wave taxing ms
seat that day, 20 aiirw any measures 60 be
taken wa'ch the Scaatc night see ft.
VIXEN the Senate Ii al formed. Mr. Maclay
offered the following resolution:
Resofoed, Th,t u. committee be appointed to
enquire anil report to tie Senate t'lCir opinion
whether John Smith, Se,l.tnr from the state OF
Ohio, ought not to DC expelled ftcm the Senate
IN consequence ofthe part which he took in the
conspiracy or Aaron Burr against the peace and
prosperity ofthe U S. or what other steps IN
their opinion may be necessary and proper under
the prestt circumstance IL: the Senate To atioot
MIR. Pofte moved 20 amend this resolution
to make way Tor which amendment Mr.. Mac
lay withdrew his resolution.
Mr. IRTUston moved the following resell
ution asan amendment, emitting that part in
italics, which DR.. jones moved as an amend
ment to the amendment
ResoIvrd, That committee be appointed to
enquire whether it be compatible with the honor
and privileges ofthis HOUSE, that John Smith, n
Senator from the state of Ohio, against whom
bills of indictment found ut the circuit . curt
of Virginia, held at Richmond III August last, for
treason and misdemeanor, should be permitted
any longer to have scat therein, and that the
committee do enquire into all the facts regarding
The conduct If Mr. Smith, as an aledgei associate
u aaron Barr, and report the same to the Senate
In this stage of the business we entered
the Senate chamber.
MIR. HfiihouSe objected to the resolution on
the ground of allowing the committee too
wide latitude.
Mr. adams indicated the resolution from
this objection.
Mr.. Poke moved an adjournment to allow
further time for rejecting on the most cor
rect course to be pursued
Mr.. 1hrHSton advocated the powers given
by the resolution to the committee and in
reply to some observations, previously made,
remarked that very different species of tes-
tirhony from that required by court of law,
would constitute sufficient ground for the
Senate to act on in a case where the effect
might be the expulsion of member.
The motion to adjourn was lost only four
members rising in favor Of it.
Mr.. EflhouSe replied to the observations
OF Mr.. Intrusion, on the score of testimony.
he viewed those observations as extremely
dangerous. Should they be carried into eff
feet, the character of a man, however limo
cent, might be blasted. He thought the case
called for great circumspection. He wished
the enquiry to be made, and had prepared
resolution, which he read as follows, as ex-
pressive OF his opinion of the most proper
course:
Resolved, That the message ofthe President of
the U. S. ofNovember 23d, 1867, together with
| the documents which accompanied the same, be
referred to committee to enquire how far John
Smith, member of this Senate, mas been con
nected with concerned i'll the transactions there
IN referred to, and report w1ethersany and what
proceedings ought to be had by this Senate in re-
lation tossaid John Smith, and to send for persons
papers and records
Mr.. ItGfn rose morely to state that he had
seen attestcd copies of the record i'll the case
OF Mr.. Smith, and to communicate tothe Sen
ate the contents of a letter which ne had just
received from him. The letter follows
Washington, Nor. 81, 1907.
Dear Sir,
Just having heard that a motion is pend
ing in the Senate to appoint a committee to
enquire into certain charges exhibited a
gainst me at Richmond, by the late Grand
Jury, beg you, sir, to assure the Soma G, in
my name, that nothing will afford me more
pleasure than to have public investigation
OF the said charges, and an opportunity to
vindicate my innocence, and beg you from
your seat to make this statement.
am, dear sir, respectfully yours, &c.
JOHN SMITH.
Hon. Mr.. IfGin
Mr.. S. Smith said, that however unplca-
SAINT it might be, it was the duty of the Sen
ate to meet the proposed enquiry. it did not
follow that such an investigation would go to
eliminate Mr. Smith. 1t might on the con-
trary, issue in his eXculpation. lie under
stood that that gentleman had expressed his
conviction that full Investigation would COM
pietely exculpate him from the charges which
had been preferred against him. Be this as it
might, Mr.. 5. thought there were circum-
stances which had been disclosed at Rich
mond, which called upon the Senate to go in
to the enquiry. He alluded to the testimony
OF Bennerhassett's gardener and Lieut. Jack
son. He had, however, heard that Mr.. ;.
thought it in his power TO do away the char
gcs flowing from these statements. WAY an
opportunity to do this should DC refused, he
could not understand. He added that he per-
ceived no objection to an examination Of two
OF the members Of the grand jury, who held
seats in the other House, with regard to the
grounds on which the bills of Indictment had
been found, from which examination it would
appear whether there was any necessity
for sending for other testimony. These
considerations would induce him to vote
for the resolution, at the same time that
lie wasslittle solictous as to the particular re-
solution which should be adopted.
Mr.. Mf!cheH stated that Mr.. Smith had ex-
pressed to him his regret at not having been
tried at Richmond on both the charges pre-
ferred against him, as he was confident that
he could have established his innocence.
What was the object of the resolution 10
give him this opportunity; to allow him the
onlyresource that remained to- allow hi III to
be tried here by his peers. Therefore so far
as related to the character of Mr. Smith or 20
tDc flio-nity tho sonata c,,,,,;,., .1.,.x.