Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-12
tsitbnionu price Current.
Gonure88
SENATE.

Mn. ADAMS from the 49,
COMMITTEE appointed to enquire whether
il be compatible with the honor and pri-
vileges of this House that John Smith, a
senator from the state of Ohio, AZ, ainst
whom bills ofindictment were found at
the circuit court of Virginia, held at
Richmond, in August last, for treason
and misdemeanor3 shall be permitted a
ny longer 10 have seat therein, and 70
enquire into all the facts regarding the
conduct of Mr. Smith as an alleged as
sociate OF Aaron Burr, and report the
same to the Senate--submitted the fol.
lowing
REPORT:
Your Committee are of opinion that the
Scnspiracy of Aaron Burr and his associ-
aies against the peace, UNION and liberties
of these states, is OF such a character. and
that its existence is established by such a
mass OF concurring and mutually corrobo-
rs,ive. testimony, thatit is incompatible not
an;v with the honor and privileges of this
House, but with the deepest interests OF
this nation, that any person engaged in it
should be permitted to hold seat in the
Senate of the United States.
Whether the facts, of which the com
-mittec submit herewith such evidence, as
under the order of the Senate they have
been able to collect, are sufficient to sub
stantiate the participation OF Mr.. Smith in
that conspiracy, or not, will remain for the
Senate to decide.
The committee submit also to the con-
sideration ofthe Senate the correspondence
between Mr., Smith and them through their
chairman in the course of their meetings.
Tie committee have never conceived
themselves invested, with authority To try
Mr.. Smith Their charge was to report
an opinion relating to the honor and PRIV
legcs of the Senate, and the facts relating
to the conduct of MIR. Smith, rneir OPT
nionindeed cannot be expressed in relati-
on to The privileges of the Senate, without
relating at the same time to Mr.. Smiths
right ofholding seat in this body but in
that respect the authority of the commit
tee extends only TO proposal, and not to de-
cision But as he manifested great soli-
citude 10 be heard before them, they OBJ
tanned permission from the Senate 20 adj
nit his attendance, communicated 10 him
the evidence in their possession, by winch
he was inculpated-furnlshed him IN wri-
ting with the questions arising from it,
which appeared to them material, and re-
ceiVed from Fin the Information and ex-
plantations herewith submitted rs part oi
the facts reported. But Mr.. Smith has
claimed right to be heard in his Ge
fence By counsel, to have compulsory pro
cess for witnesses, and TO BIZ confronted
with his accusers, as if the committee had
been a circuit court OF the United States
but it is before the Senate itself that YOU;
committee conceived it inst and proper
that MIR. Smiths defence of himself shouh
be heard: nor have they conceived them.
selves bound in this enquiry by any Other
rules than those of natural Justice and (.
guilty due to a Brother Senator on the ont
part, and to their country ON the other.
Mr.. Smith represents himself on this IN
quiry as solitary, friendltss and unskiled
contcnding for rights which he intimate
are denied him, and rho defender of sena
tGrisa privileges, which he seems apprc
hensvc will be refused him by Senators
liable 80 long as they hold their Offices 4,
have bis Case made their own. The com
TDittee are not unaware tina. in the vic3s
STUDIES Of human events, no member Of thr
body can be sure that ms cnndect will ne
yer be made a subject Of enquiry and de
cision before the assembly to which ie be
longs. They arc aware that in tie cours,
ct proceeding, which the Senate may nov
sanction, its members are marking out
precedent which may hereafter Apply 4
themsclves--Th are sensible that tn,
principles upo1 which they have acted
ought to have tho same operation upol
their own claims to privileges as upoi
those Of Mr. Smith, the same relation t,
the rights Of their constituents. which the,
have To those Of the Legislature which hr
represents. They nave deemed il thei
duty TO advance in the progress Of thei
enqRify with peculiar care and delibera
ton. They have dealt out 60 Mr.. Smitl
that measure which uader The suppositic
at similar circumstances they would b.
ccntcnt 10 End impaired 20 themselves, S
they have no Hesitation in declaring. tina
under such imputations, colored by such e
whence, they should hold IL sacred obi
CATION to themselves, to their fellow-sena
tors, md 90 ,heir country. tOmeet them b
direct, unconditional acknowledgment O
dcuial, without seeking a refuge from IT.
broad face ofday, IN the labyrinth oftcch
nical FORMS
In examining the question whether thes
forms of judicial proceedings. or the rule
OF iu'ioiaI evidence, can or ought n ne IN
piisd to the exercise Of that eensor.aI at