Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-12

of the great Charter of England. Yet in tn;
=. lconntfy, where they are recognized tn
# most solid foundations of the liberties Of th
!, lnation, they have never been considered a
= INTERFERING with the power ofexpelling amen
. iber, exercised at ali times by the house 4
. lcommoIis power which there however rest
: tony upon rarli mentary usage, and has neve
> been bestowed as in the constitution ofthe u
: Ststes, by any act of supreme legislation.
From number of prccedents which hav'
: been consulted, it IS found that the exerc;s,
ioi this authority there has always been discre
{ Itonary, and its process always far otherwise
: compendious, than in the prosecutions before
: the Judicial courts. Sofar indeed have they
: been from surprising a conviction at law neces-
sary to prccede vote of xpulsion, tat in one
instance resolution to demand prosecution
appears immediately after the adoption of the
resolution to exFel. In numerous cases the
member submits to examination, adduces eyi
dence in his fayog, and has ey.d nee produced
! agginst him. withor without formal authentics
ION and the discretion Of the house is not =
/ ven restricted by the necessary concurrence OF
more than bare majority of the votes.
The pro vision in oar constitution which for
bids the expulsion of a member, by AN ordpa-
lry majority, and requires for tn. act ofrgorouz
and painful duty, the assent oftwo thirds, your
| combllttce consider, as wise and suhcieni
guard against the possible abuse OF this Iegis.
I latiye discretion In times of neat and violent
party spirit, the rights OF the minority nigh
not always be duly respected if bare MAORI
tycould expel their members, under no other
control thSh that OF th-ir own discretion Tn
operation of this rule is of great efficacy both
over the proceedings OF the whole body. ard
lover the conduct OF every individual member
Fhe times when the most violent struggles of
coHtending parties occur, when the conflict OF
opposite passions is most prone 70 excess, are
precisely the times when the members arr.
most equally divided. When the moioritv A.
mounts to two thirds, the security inits own
strength is of itself guard against extranrd;.
nary stretches OF power. When the minority
dwindIes to the proportion ofone third, its con-
iciousness ofweakness dissuades from any at
tempts, to ehcroach upon the rights of tue M
jority which might provoke retalia.iol But n
expulsion were admissible only as seque to
the issue of legal prosecution, or upon the
same principles and forms of TESTIMONY, ulicf
are established IL, the criminal courts, vour
cowmittee can see no possible reason w6v !,
should be rendered stili more iinbeciIe by tn,
requis tan OF two thirds TO give it effect.
It's new the duty Of your committeeto an
ply the principles which they have he . en-
deavorcd To settle and eiucidate, to the part
culAc case uron which the Senate have drect
FL item 90 report The biils of indictmen.
found against Mr. Smith, at the late scissor
of the Circuit court OF The U. Sites, at Rich.
nond (copics of which are herewith submit
ted) are precisely s,milir to those found a
SAinst Aaron Burr From thc volume of lrin.
ted evidence communicated BY the Presid.n
OF the u States to Congress, relating to the
trial OF Aaron Burr, it appears that great
part OF the testimony which was essential a.
his conviction upon the Indictment for tree.
son was withheld from the jury, upon an ON
mon OF the court that Aaron Burr, not having
been present ct the overt act of treason alleg
ed in the Indictment, no testimony relative r.
his conduct o. declare ions elst.we:re. and ,,b
seqnent to the transactions on Blennerhassett'g
island, could be adnitted--and in consequence
of this suppression of evidence tae trayerao
| Jury found verdict "that Aaron Burr vv.s
not proved to be guilty under that indictmen,
| by any evidence submitted 70 them" r. ,yas
also an opinion of the court that none OF she
/ transactions OF which evidence was given ON
The trials OF Aaron Burr did amouat TO an overt
| ct OF lee ing .V6r, and ofcourse that they did
lot amount to treason. These decisions form
ling the basis OF the issue uuon the trials of
Burr, anticipated the event which must have
| waited tn trials Of the bills against Nj
smith who from the circumstances of his
case, must have been entitled to the benefit oil
their application they were the sole induce
ments upon which the counsel for tho United
States abandoned the prosecution against him.
AeuI CRbhhAtN cc arc hot OlSpDSeu now 10
lquestoH the correctness Of these decisions, on
case OF treason, before a cOurt of criminal iu-
lrisdicton. But whether the transactions
proved against Aaron Burr did or did not a.
mount IN technical language 70 an overt act
lot leyylng war, your committee have not
scruple of doubt upon their minds, that but for
The vigilance and energy Of the government.
and OF faithful citizens under It's directions in
arresting their progress, and in crushing his
designs, they would in a very short IapSe of
, ime have terminated not only in war but IN
war Of the most horrible descgiption-in war.
lat once foreign and and domestic As IittI.
} hesitation have your committee in saving that
t Che day light Of evidence, COMBINING one
vast complicated intention, with overt acts IN
Vulnerable, be not excluded from the mind by
The curtain of artificial rules, the SIMPLEST t,i.
derstandi1g cannot bat see, what the subtlest
understanding cannot disguise-crimcs before
which ordinary treason whiten into virtue
lcrimcs, OF which war is the mldcst feature
The debauchment of our army-fhe plunder
and devastation Of our own and offorcien fer-
ritQres-thc dissolution OF our national Union.
and the root Of ntermin%ble civil war. vycrc
, but the means ofindvidud aggrandizement--.
the steps to projected usurpation If the in
; lgcnuity Of a demon were tssked TO weave ip.o
} lone composition al the great moral AID uolfi
{ cal evils which could be inflicted npon ti.,
people OF these states, IL could Pre- duce nothing
more than texture of war. dismcuberme 4
$ and dcspotism. Of these designs. a GRAND ia
i Try. rufur,oea1 Of,