The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-10-14

tcntions, was Informed, related i, very differ
emily yet so reuch attention was paid 90 this un-
certain mndc Of communication that il was said
10 iiayc arrested for several days tue progress OF
the bill in the House OF Representatives.. IN the
case hciorc rs, the Impressions OF the witness
arc not only positively tGsproved but the wit
ness himself admits that this is the only solitary
instance in which expressions to the same eisec,
Were used by MIR. Smith, within lbs knowledge
and several respectable witnesses depcse
to their Intimacy with Mr.. Smith, and that they
never heard such sentiments delivered by him at
-'.i |; but oitentae reverse. lhaye, therefore, no
hesitation in SAYING, that am perfectly convin.
ced that col. Tayler was mistaken in his impress
SONS of The CONVERSATION, rd think it not i'm
probable, thatit he himself were here, and could
attend to tho evidence, ne would admit il was
probable he was mistaken; because i'll his cvi-
dsnce he speaks OF it rather questionable,
Than as porit,se point. / hope dien, sir, may
be eNcuscd from making solemn declaration 10
the word, shat John Su,;I:, participated in the
conspiracy OF Aaron Barr, when the chairman
OF the committee ri Investigation, who has hes
towed SO much labor upon the subject, and is So
entirely qualified for it, when called on. refers
me to crcuiiist elces of the character just des-
crihed as thc only of criminal participation
on The part OF Nh. Smith
Bat, Mr.. President. wien in the United States,
laws, aud GU l,hcr;,l;ty Of me security OF the
citizen in his property and reputation; of tenn
pcfinC our justice with mercy and forbaarance ;
how does 1T happen that in this case alone, the
rules for the ascertainment OF truth, long settled
and approved, should be completely subverted
| and these sacred considerations disregarded q
How does II happen on this occasion that all the
presumPtions favor of innocence, should lie
converted into prescriptions in favor of guilt
When did it before happen, sir that FORMER COED
conduct and uniform good character, were dis
carded in an estimate of questionable incidents
When did it before happen, that laudsble acts
10" The :,:.cctc :::;i S;I;i:5sssv, "a vss,,ves
| were brought i'll evidence to prove,a, crimi
nal participation in those offences ?---Whcr
did 1t before happen, sir. that citizen WA:
| solemniy declared guilty Of participation II
offences, when those who rroiouce the sentence
cannot even name or describe lhe acts amounting
II such participation And when before did i
happen, Sir, that citizen wasstripped OF his no
| nor and his reputation, without the proof of "a sin
gle act of criminatty and when his amiablc anc
unofendng family was remorseessly involved il
ms unmerited doom It s,Irelycannot in this CASE
be intended as an expiatory sacrifice to popular
sensiblhty. 1t surely cannot be intended as sub
stltut'on TOR the punishment OF the arch trait ~.
VINO has strangely escaped from the clutches %
| the law. No, Sir, it cannot tie ascribcd To sucl
motives Ii must be ascribed TO patriotic de,
testation ofthe whole conspiracy. and E,.ok m
accuracyin discriminating the Innocent from tbs
guiity-iatas indeed sir,,o the accused and In,
| family Sir, to behold the honor AID tune o
an innocent fellow CITIZEN thus sacrificed, is u,
awful spectacle ] Acknowledge that ,ay fec ling,
are much excited by a contemplation ct'tie no
vel ana extraordinary scene before us ; bot nope
the Senate Will not acc;lse me oi nj a,temnt {,
influence their feelings i'd case, where the iur;..
ment ought to be so materially consulted No
SIR, nave no such design. nave only iAdug
ed the honest impulse ofmy own. hope It til,
some tins, sir, that M opinions are not to be The
less respected, becausethev are approved l,v IN,
feelings. l should suppose that the anon oriudg
nent and feeling, would give a more sacred sane
ton to opinions it approved 1 will, however
indulge mysehno further in this inestig atom
but conclude with observing, that shall vote a
gslnst the resolution. solely from the conviction
or the innocence of the accused. .-..