The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-09-27
SENATE OF THE UNITED STATES.
FsIDAy, ArRIL s, 1908.
SptscH or joins Q. ADAMS.
(coNc1upEp.)

his IS the communication, upon which Mr.
Smith engaged his two sons 10 so as Burr's as
sociatcs.
The attack upon Mexico WAS to he in case wsr
should sake rocc between Span t,.l the uaitcd
States But is 1t possible, sir, that a NAN Of Mr.
Smiths understanding sllooiti az thus ti'i,e, and
under these circumstances have given IN instant
Of credit 10 that shallow ,)r.tence lfNIr Swart-
won't, one OF Hurrs Acknowledged associates,
was ashamed ct pretending 20 rely ON tiis tale %,
contingent war; and Frankly told tiie grand bury at
Ricl:nond, Chat hey were "a attack MeXicoto be
sure in casc nf a war with Spain; hat II there
bad been war. he WAS ready !orSett the law OF
the United States against such eNnedli0ns; If
commodore TruXton, private citizen, smsT;ug
under the injuries which i.e conceived lie bail
suffered from the administration, even in July,
white the project >sls but in prospect and not IN
actual execution, made his first and emPhatlcsl
question:, whether Che government OF the United
States WIS acquainted with it, and on being H.
formed that ,hey We're not, instantly refused to
have amy concern with il; let me ask, whether
in the last days at November, while Burr was
pegsevernS in his preparations after ha9ng been
brought before judicial court upon this very
charge, and dismissed solely because a witness
was absent, q SeNG'gF 81 fhe United Sfafes, recci
wing this communicated from Burr himself,
could possibly be the tlupe of this prctencc J?
whether his FIRST question ought not 10 'iJVe been
that OF Commodore Iruxtpn: Is thc Executive
OF the UHted States Informed OF Your designs
I1e1IUan IIryasIon CuuIC cunurUI u,Ie con-
hdence of MIR. Smith, when il was the very thing
for which the district attorney. not three weeks
bef0re, had entered the complaint against Mr.
Burr, before tao court Of the United States COM
petent to try that offence Is it possible that
Mr. Burrs confession of his guilt should have
been the confirmation OF Mr. Smiths confidence
Yes, sir--So far rs relates to the misdemeanor,
TO Mr.. Smiths participation in the project for in
vsAing Mexico, his own affidavit on the 9th of
January, 1907, is evidence, which, i'll my mind
nothing AN control His engagement OF his two
TO Ma. Burr, admits neither of denial nor Of
justification.
About ten days after this on the second and
third OF December, MIR. Smith goes TO Cynthiana,
Frankfort, and Lexington, to purchase provi-
sons, and to sell bills OF exchange. Here he
cicientaliy secs again Mr.. Burr. Here lie finds
that Mr.. Burr is for the second time charged, &
now before grand Jury with that very offence
OfpreparinS an expedition against Mexico, which
in his confidential communication Mr.. Smith
he had explicitly avowed And Mr.. Smith, by
the testimony OF three of his own witnesses hur-
res away from the scene to avoid being subp@-
nacd as witness, declaring that he knows no
thing on the bject, that could either criminatc
or Justify Mr.. Burr
The first of these witnesses is Kelly, Mr.
Smiths confidential agent and stere keeper at
Cyathiana OF whose character, as 4 man OF up
Brightness and veracity, the most respectable at.
tSoN~liOhS After StdtIIis inc mo
tive Of Mr.. Smiths going to Cynthiana, and
thence 10 Lexington, keily's deposition, prOdu-
,cedhere by Mr. Smith himself. proceeds thus
s. He returned and informed me that on his ar
rival at Lexington, he understood that Che prin-
cpal men with whom he wished to transact bust
ness were at Frankfort that ne was also inform
CD that prosecution, tie second time, was com
menced against col Burr, and he, (Smith) was
told, thatit 1t w3s known, he was in the state,
nc would be subponsed rs a witness--that he
told his informers he would not put them to the
trouble to summon him, if he had fresh horse
he would so on there immedately-fndngh he
could not see the men he wished to see, he star
ted Tor FranIfort-that onhis arrival there, he en-
CURED for major Morrison, 1 think he said in
two or three public houses, but could not find
hun that ne informed the investigation in
to Burr's conduct before the grand Jury was de-
layed for want of gen Adair, who was said to
be aprincipas witness against him, and that in all
probability, proceedings would be staid for seve-
rai days, and as he (Srnith) could not be detain-
cd so long from his business, particularly as he
frezv nothing that yuouid either crinlnafe o. eSci
PATE col. BHr-that if his testimony could be of
any benefit either way, he would have staid with
pleasure, but he entirely ignorant of any of
Bu1rS Political vieyvS, he conceived to- stay there
Tor no purpose, would be doing injustice to his
private as well as 70 his public concerns, 6, there
fore rs he was not summoned, he started away
carly neSt morning"
Smith's application 10 him respecting the bills of
exchange, says" The conversation then turned
or the pending trial Of Col. Burr ; and nent-
oned that had been called on az a witness and
observed, that Burr had also been at your house I;
and was it known that YOU we're in this place,
that you would also be called on You said YOU
was wiling ithat yon fnesv nothing IF the business !
but rs you could not get your business accom-
riislied here, that if you had a fresh horse you
would go 70 sec major Morrison, and save them
any trpu5le Of subpmnaiug you"
The deposition Of Joseph Tayloris to the same
erect That ar Smith deaied all knowledge Of
any thing which could operate either for or a
gairst Mr. Burr.
Now, sir, how was the fact Was Nh Smith
thus ignorant: IT seems u Inc that lie WAS not.
The disclosure which, OH the 22d Of November,
hc iimsclT 1as sworn Mr. Burr had made to him
IN confidence, WAS knowledge OF the most deci-
s,ye character on the question before the grand
jury, was knowledge, which bad Mr.. Smith been
even aTrivatc citizen, he was bound in duty to
have gone and related 10 them. Admitting even
that Mr, Smith could have believed. that Burr
intended the Mc%ican invasion, only IN case a war
Should break out san the preparations he was
making were uul7witl gtili he WIGS guilty oftlic
very charge roadc against him then, before the
grand Jury aid has. conficntially avowed the
object 10 Mr. Smith Had Mr.. Smith gone be-
fore timt grand Jury, and told then from tire lips