Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-10-07
SENATE OF THE UNITED STATES.
FRIDAY, APRIL g, 1903.
CASE OF JOHN SMITH.
(coNrrNuED.)

Z,
opinion upon the following resolution.
10" Resolved, That JoHN SMIra, a Senator
from the state OF Ohio. by his participation in
the conspiracy of Aaron Burr, against the peace,
| Union and E5ertics Of the pco lie of the United
States, has been guilty of CONDUCT incompatible
wit, his dlty and station as Senator Of the
1 United 5 ates, and that he be therefore, and
hereby is expelled from the Senate of the Uni.
ted States"
Adeclaration upon this subject ought not to
| be made, but upon the most attentive examin-
! alton OF the evidence produced in the case and
| he most mature deliberation therculon. The
| sentence to lie pronounced is important TO the
Justice Of the States but more particular
| tv so to the reputation o the person accused
4 will have also an inseparable influence upon
that Of his f,mily. To him and the N its effects
! are all important. Tne resol ton solemnly I'd
| rre1'uvncal,y asserts, tina. John NTH, Sec bar
! ficibatefM the conspiracs Of Aarsu Burr. Before
can IN Ike this assertion Imrst have some e.
viience ofthe fact. Imlst a.kno Wedge that
| uoon the mos. attentive examination of ali the
>apers, and the most resoectful attention to all
the arguments in the case, have not been a
HI to discover any satisflc,ory evidence Of thar
fat Yesterday paid great attention to the
eloquent, digni6ci and candid observa,i ions of
the gentleman from Massachusetts,, (aIr. A.
dans.) both as to the jlr sdiction of the Senate
to nJnirc into this case aud the evidence ex-
accused. Tn gentleman from Massachusetts,,
am perfectly convinced has bean ina ieaced
! in the whole Course OF TINS enq'rrs by the pur-
| est and m lst la,l1able motives. and THINK he
is I'istlv entitled to the thnks ofihe Senate for
the ln1icious conduct he has rec 1nm Rd,ed -
be pirstel. perfectly concur vita shat gen
| fleinan in opinion, on the pn Mt ofjur s,ieton
| and upon a retrospect of the whole proceeding.
OF the Senate 7 am happy 10 say, that It APP
ne - he's f1~ r q NJ
justice, has been pursued, that could haze been
devised, in the n)vei and Iii iicult case p,esea-
ted for consideration. A liberal indulgence
has been given IL the accused To procure tes-
tinons in his d fence and the wi im.
| oiicated have been projected from injury, by
requiring that they shoili have notice Of the
| time and place of taxing all dcposi ions affect
| ing their credibilty The only ground of diff
ference n opinion bet ween the gentleman from
Massachusetts, and myself, is, in thc irtsrbreta-
ton Of the eutdence fhs cZ.c. shall state the
points of difference between us upon this sub
icc', " hout any other argument than what
NAV be 'eeessary to explain the reasons of this
| difference.
The first point of difference relates to the
| declarations OF Aaron Burr. From these de-
ctar ltlons, although general in their nature,
and IN NJ instance made in relation TO the accu-
! aed. differences of guilt are attached to him.
| IN almost every case, to apply the deciaratons
! OF one man to the con lemlation of another,
J woul not he Just rule of evidence in this
case II would be peculiarly uni Ist; because it
! * well known that Burr was IL the constant
habit of making misre reservations il reia ioi
| to other persons, AMI that he WIS Influenced by
particular rn>tive in doing so. II appeared
! to consider that As one of the most eifcctual
! means to cnha zee the Importance aaI promote
the success of his entcrprize. II his ieciara-
tons are ~ be admitted as evidence g,iIsto
4 \ -,
! most respectable citizens Of the United Sat
as we'll as to ,he accused, which i is not pre-
tenaei, woii be just or correct IN relation to
them and I:t,see nothing in his obse,vati
ons, bearing m the case of Mr. Smith, that
would a't apply with greater force against o.
Tiers, who are neither implicated nor suspect
ed. therefore put IRIS declarations entire
" on oi,the case, and disregard all differences
dcgwn from them.
| The mex, point of Iii ference between the
gentleman and myself. arises from suggested
inconsistepcy between The letters, the afidpyits
and the answer of Etr Smith have paid par
ticular attention to these papers, connected
| with the remark made by the gentleman and
am unable to discover the inconsistency sug-
! g sted They appear To me to be substantial
| y the same. The remark was, that in one
Of these papers Mr.. Smith states, that Burr did
not disclose to him any of his objects; IN ano-
Their, he admitted that he did disclose to him
his object of setting his Washta lands. The
remark which Occurs to me in reply, is, that
/ MIR. Smith merely states an mmaterIal fact in
one paper, which he omits in another, as unne-
cessary In this, see neither contradiction
or Inconsistency. But the real explanation of
this incidental circumstance will be found in
the papers themselves. The ore emitting the
fact in question, in speaking Of the objects Of
Burr evidently n Ides to The ayiarvfn o6iects Of
which he has since been accused, and which
did not comprehend the settlement Of the Wa
shta lands. This circumstance, therefore,
must, in any point Of view be deemed trivial,
unless connected with some other Of more i'm
portance and according to my explanation Of
it, ofno consequence at all. would here re-
mark that the fact asserted in the resolution is
| susceptible Of the clearest and most certain
proof, and is Of such a nature, that if Mr..
Smith had committed it, il would be scarcely
possible for him % escape detection by posi-
tive proof. am therefore, not satisfied 20 form
my opinion on trivial circumstances, particular
ly, when so easily and naturally susceptible Of
explanation, consistently with innocence. Mr..
Smiths own conduct is the sole criterion BY
which he ought 10 be judged. If this standard
should once be departed from, anil questiona-
bic incidents resorted to, instead Of obtaining
truth, we shall probably fall into error
The gentleman from Mas 'achusetts and my
selfIn our consideration Of this case, concur IN
the entire exclusion of the testimony Of elias
Glover and all the papers connected with it.