Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-02-03

CASE OF JOHN SMITH.
SENATE.
January, 90, 1908.
(coscLuDED.l

~
witnesses. five have Alright To- enquire lllsE
8 the conduct of scnator.-we nave NECESSARY
~ right to every incidental power essential
% the making the enquiry. mere power
= i;s Given bv the constitution tosdo particular
+b;ns. have always 9eeIned it a sound con-
strnctions that by necessary implication every
Incidental power is given which is necessary
= r. carry the main power into full effect But
!, l. said. VIC have no fund out OF which to
co,nnensate witnesses, and that the concur
renee of the other house must be obtained be-
fore they can be indemnlhed. but are we, In In.
the discharge of an important duty, invoiSaAs
the dearest interests OF an indiyielnai, 10 act
on the idea that theother house VIII notconeur
in providing for the expenses necessarily at
tendant upon ! it. The case OF the lmpeach---
ment Of Chase has been instanced and what
& is that case IN that case process was issued
for. witnesses to ascertain certain facts and 1
ASH whether previously to the issue OF pro-
cess. anv law was passed making provision for
defraying the expcnces either attendant on
their service, OK for compromising the wit
nesses !? This case therefore furnishes strong
argument against the conclusions OF tnesgen-
tleman from Massachusetts.
ii may not be improper for nae here to ex-i
press my ideas of the powers OF the senate on
the expulsion of its members. sly the constl-
tuition the senate are empowered, with the
concurrence of two thirds, to cxpel mem
Der.
r. follows t..atthe senate have on this point
unlimited power, and, as Incidental to its ex
ercise. the power of receiving any kind of
evidence that shall be satisfactory to them
In some cases they may expel member Ter
tisorlerly behavior passing under their own
view; they may, in other cases, expel on
common fame; Sin others, on account OF
his being found guilty OF some partlcuiarlnta-
NOUS crime andsome gentlemen seem to be
of opinion, that member may be expelled
in consequence of having lost the confidence
of his constituents. This resolution, howe
yer, is not bottomed ON any OF these circumi-
stances, but on alsedged pa1ticular criminal
conduct. Is itnot then proper tolnyestlgate
wfetAer Mr. 6 has bssn eniityaof this coA-
dsct or not For recollect when this body
proncunees on the alledged charges, they pro-
nounce 10 the nation that Mr.. Smith stands
condemned of being guilty Unreasonable Cen
duct.
It may, perhaps, be contended that after
4 the indictments found against Mr. Smith at
Richmond, and after the rumor OF his partl-
cipation in the unreasonable schemes against
the peace of the union, the senate oGght>on
common fame to expel HIM j am, however
of opinion, that this is not the groper course,
but that ii is. right to give him an opportunity
of defending himself. One ofsthe witnesses
deemed material in this case is Mr., Glover.
So far as we know any thing OF him ne pos
.sssses fair character. But his deposition has
been taken ex-parte. In Mr.. Smith, 5 answer
(. it appears that Mr.. M'Farlaae was present at
the conversation alluded TO in that deposition
las then the testimony of Glover IS admitted
TO be important, IS IT not proper to obtain the
hest evidence the nature of the case admits or
j confess that for one ] feel some difficulty IN
pronouneing man guilty on sex-parte cyl
dence. Let us put the case home to our.
selves. Suppose an individual Shouts send a
deposition from Kentucky charging me with
anin}amous crime. Would / not haze reason
m think the senate, guilty Of injustice should
thew not give me an opportunity OF cross-ex-
asnining the witness on whose evidence the
-harge was founded. But it is said the Wit
nesses summoned may not attend. Well~-lt
so, we shall have done every thing In our
power to obtain the best evidence, and we shall
then be compelled to give the evidence we
have tie GIT which its ex.Parte character
deserves
.Again, it is said, if we summon Clover
Mr.. Smith may call upon us to summon
hundred witnesses in his defence. This,
however, will altogether rest inthe discretion
\ of the senate. While / contend for the pro-
Apriety Of summoning these.two witnesses, let
!. not be understood that Lam in favor of
sumrnoning Witnesses to every collateral
point. For while / deem it important to
summon witnesses to establish the most an
portant features of this case, / think deposit