The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-07
WASHINGTON. January I,

lfir. .70GmS, yesterday submitted to the
SG-FH1'E arcport in the case of Ino. Smith,
member % that body. Asthe report is We
~ long, and it is our intention to insert it en-
tire IN cur next paper, we shall at present
take but brief notice of it
Previously to its being offered, or motion of
Mr. Adams, Mr. Smith was notified TO attend
in his place, in compliance with which noti-
hcation he Immediately took his seat.
The report was then read. It is couched
in energetic and impressive language, and
will command the universal attention OF the
American people.
ltbegins with unequiyocally avowing the o.
.pinlon that any person engaged in the Con
spiracy OF Aaron Burr, is unworthy OF seat
intthe Senate, and submits to the decision OF
the Senate how far the facts exhibited prove
John Smith to have been so engaged. II then
states the course pursued by Ihe committee
in receiving evidence, and adds that MIR.
Smith had appeared before the committee, s.
given full information on every point deemed
important by him but that he still claims
the right to be heard by counsel and to be
confronted by witnesses before the Senate
The opinion is minated that under the
peculiar cir unlstanccs of the case, MIR. Smith
ought not to have besitated to have met the
charges against him by plain aclnowiedg
ment or denial, instead Of entrenching him
self behind the technical forms Of law.
An elaborate, and extremely interesting
inv eStigation ensues on the discretionary pew
er of the Senate to expei a member without
being controlled by the rigid principles that
characterize ordinary judicial proceedings.
L he conspiracy OF Burr is represented in the
blacklist colours, and the .Noie j1ro8e9ui en-
tered in the case of John Smith is considered
as no evidence of his innocence.
The report concludes with a resolution,
that John Smith, Senator from the state of
Ohio, by his participation in the conspir acy
of A. Burr, has been guilty of conduct which
incapacitatcs him from holding scat in the
Senate, and that he be expelled therefrom
The documents accompanying the report,
are very voluminous Among them is the an
swer of Mr.. Smith, covering So manuscript
pages.
Mr.. Adams also offered further report,
made in consequence of a supplementary in
struction Of the Senate. This report states
the existence Of an allegation against John
Smith, that since his election as a Senator, he
had taken an oath of allegiance to the king of
Spain. On enquiry, the committee consider
the cath as having been taken, but previous
ly TO his election. They conclude with the c.
pinion that it is unnecessary to take furthe r
order on this charge.
The first report was ordered TO be printed.
vi Tic W.T.. answer a
short and desultory Conversation took place
a part of that answer goes to implicate the
character ofjudge Nimmo, and the commit
tee being of opinion that this part of the an
swer was altogether irrelevant to the chArg-
es against MFR. Smith, it was thought by them
and improper uselessly to cri-
inmate Mr.. Nimno by making the pubica-
ton, leaving it however to the discretion Of
the Senate This Conversation was arrested
by the reading ofthe whole paper and others
with it,
The motion to print Mr.. Smiths answer
was then renewed and insisted upon by Mr..
IIiilhouse. it was opposed by Messrs A
dams, Pope, Brad ey and Crawford on the
ground that it contained observations relative
to Judge Nimmo, altogether irrelevant that
these together with accompanying letters re-
lated to his private lie while III England
and that it would be highly improper for the
Senate to sanction such a publication, espe-
cially in the case of one, who could not be
beard before them in vindication of MS cha
racter 1t was finally, on the suggestion Of
Mr.. Goodrich, determined to return the am
5wcr to Mr.. Smith, that he might expungc
the exceptionabe matter. In this Mr.. Smith
scquiesced; when the Senate adjourned a
bout 4 o'clock.