Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-09-20
SENATE OF THE UNITED STATES

| WV EhhNhLiN uiOFeu, tndt inc SENATE
do now proceed to consider the resolution.
wi h which the report concludes, and which
IS IN The following, wo,ds
" Resotvcd. Thar JoHN SMITH, Sena-
tor fromthe State of Ohio, by his par,ic.
patton in .th- conspiracy of Aaron Burr,
against the Peace. Union and Liberties of
the people of he vi a 5 ares, has been
gully ofconlucr compatible with his du-
" and station = Senator Of the United
States, and that he be therefore. and here.
NV Is Expelled fom the Seba of the u
States.
This motion having been ag' eed to.
Nr. ADAMS srokc,D substance a follows ::
Mr. pREsIDeNT The Question now
under c,n,iiers,ion appears 20 srct pr
priety In impor, only discus ion ON The
point OF aad is letter ,uiua,ion. Can de
eide only wheth-r Mr. Smi ha ~ has
not bern particIpa or in the ~ p,racy
of A Bprr so IA r,s'o he 10 10 er wor~
thv { a sea, opoN this n mr.. Ru' az h
learned and ingenious counsel of Mr..
Smith have wrestpd part Of his defence
4upon obi 81 ons agairsl the pr'nciples re
c IN mend d IN the reDort, AND upon wh,ch
4
Gaze shall he permitted in he course OF
the rema * am now about 10 submit to
| he Sena,e to make such observations up
n the PRINCIPLES con ended for by those
gentlemen as II we occur ed o me, as well
as upon h. view of he evidence now in
| Nnr possession. I'D Nv which roy vote upop
| he resolution will b. verued.
And cannot bu, express my satisfac
ion, that the principles ofihe report have
been brought TO so severe an ordeal, aed
have been called TO encoun or The whole
nrGumen' and eioquencs of,wo such pow.
| erful adver ssries. Far is il from my wish,
sir that those principles should receive
he countenance aud sane ION Of dis body
| lrleSs upon the severest scru'inv they
hall be found In stand upon the founda
IONS ut reason. OF the constitution, and Of
'recedent. 1.-THE principles proposed bv
| hr. Smith dhi5 council are more sou q.
| rev oughl unquestionabiv TO prevail, aud
= ordsr - Try their RESPECTIVE val 'dity.
| ~ task WI b. IN examioe the obj ions
| VII ch he iesrred counsel have ged a
raj ST he nriocipl of thu report, aud
a1imadvsr; upon those which they
| nare p prSed 80 Substitute in their stead.
The frs obi c(ior IS to the jursdic
ion OF he Srna =. II is SAID that we had
oo rich, to ,ry this case az all; or AT least
! thal lfs- we're auth rissd o enter upon it
''rfhe purpose ofecquiry, &c bod M rgh'
70 nursie 's Tor he 7Id bose of t.iilon
J Nd ai'ho' his equity was o. glpa,ly soli
I crea with earnest shy VI Smith him
sell. Am not dS,irDus oG depriying him
Of The b EFF ~hich he can row derive
!som deoial of our jari-diGliop. Hi.
counsel now solemnly protests in his name
nd their own against our indulgence "
aniing him his request. IL indeed the
are right. il we ha no authority to try
he consequence W uld lead further THAI
the gentlemen themselves would be wi.
ng 10 allow. The Argument deaies Ib,
| lgh of The Sena 20 AXE this question
all. A vote OF rejection would firm
he jurisdiction Of he Senae a, much a.
voe e adoption. Acquua IMPLIES
h Jurisdiction of The tribunal, a much ss
conviction This is obvious from the
practice Of the common law courts, where
he Plea OF the jursdiction must Away
b. decided before the general isNe can be
tried Mr.. Smith. however, ought not to
c denied the advantage Of bo.h his
z ounds. II there are membss # the
Senate, who though convinced thai the
acts are sufficient for his expulsion, have
been convinced by the arguments ol his
counsel that they ought to have been tri
ed here, they will vote against IN. Iesolu
uon. II there are others who beieve the
course we have taken tn be correct, bu,
hat the evidence is not sufficient o war
rant expulsion, they will also vote against
the resolution. The result Uf even doub,
whether ef right or Of fact, will op:tste m
favor OF Mr.. Smith. do not incline,
therefore, to their separation.
Let us then examine the reasots upon
"d'lch the judsdlclion Of the Senae has
been con,es ed J he two gentlemen, who
so sbiy conducted The deferce # MIR.
Smi'h, did not in all respect take IN, same
| rounds {; bu' shall notice the arguments
hdduced by each of them, which appear
to me material without always dlscamina.
ting by which oi them they we're uYed.
IL was sad by The gentleman whom we
had last the pl, Assure OF hearing upon this
Subject, M Harper) that If this qles,ion
we're new he should contend that lfr pow
cr OF expulsion gwen by the constitution
10 each ct tn two Houses Of Cnsress
was restricted to meie regulation of 20