The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-28
WASHINGTON, Jan. 20.
cAsE OF JOHN SMITH.


the state of Ohio, reported the following resolu-
ton
ReSofvca, That ON the first day of March next,
the senate will receive such testimony John
Smith, senator from the state OF Ohio, may then
sdduce in his defence, and that the senate will
then proceed to the final consideration of the re
port OF the committee appointed on the 9th of
Novemberlast, to inquire into his conduct, rs an
alledged associate of Aaron Burr; provided, in
case Mr.. Smith shall adduce evidence to discre-
dit any witness, whose testimony has been made
use of against himi that he shall make it APP
pear to the senate, that reasonable notice had
been given to the witness so mtepded To be dis
credited, of the time and place appointed for tile
taking of such evidence, and that he was served
with copy Of this resolution.
Il On the 18th inst
Mr.. anderson moved that the senate proceed
to the examination of Col James Taylor at their
ban,
NJ. Maciay, after some some preliminary re-
marks, to shew the incorrectncss of further dc.
lay, moved to postpone the motion for the purpose
OF taking into consideration the report of the
----- day Of Deceraber.
short conversation ensVed the course of
procedure, in which il was remarked that as Mr.
Smith had made some complaints relative TO the
examination of Col. TAILOR before the committee,
and KS he, Col I had been long time absent
from !Iis family and extremely anxious to re-
tsrn.home, it was most advisable before any fur
ther steps .;ere taken, that he should be eXamin-
ed
ar. Giles rose 10 state to the senate two cir
cuinstances which had been mentioned 10 him on
the part of tbs accused one that he (Mr
s. had no Objection to going on withthe exami
nation Of Col Taylor soon us his counsel came
from the court room where he was now engaged,
which he was advised would be in about half AN
hour the other was his wish to be excused by
the senate from voting any question nntil Il
nal decision On the question OF expulsion.
The PyeSiGer. SAID the senate could make no
such order
M, Bayard minated that this would not be an
Inhibitory ort"ro of the senate but the mere al
lowance of the prayer of member, who, on his
own application, would be excused from voting
and that such IN allowance was frequently made
III individual cases.
1h,.GiIes said that the gentleman from Della
ware had exactly stated .he grounds on which
the application made. 1t could not be viewed
IN die light OF Prohibitoiy order; but an Or
der passed at the special instance of Mr.. Smith
Mr.. Giles observed that he mad been induced to
make this application because he thought it right
IN Itself, and asst had been often done in particu
lar cases. The present question was whether in
this case there was good reason for the request
For his own part, Mr.. C.. said he perceivcdSno OBJ
lection TO eXcusing Mr.. Smith from voting, al
though he should be aycrse to laying any prohi
bition upon him.
-Nr. Aaaans said, if the right of Mr.. Smith to
vote conferred IN himself, he should have no sb
lection to this application. But by the Applicant
OF, 1t was required that not only he, John Smith
should not vote, but that the state of Ohio should
lose vote in that body until final decision of
the question OF expulsion. 1t came, therefore in
a different shape, and assumed greater importance
than mere question respecting Mr.. Smith AS
ii respected Mr.. Smith individually, Mr. Adams
did not know why he has asked to be excused
from voting on the questions that might coma
he E.td hn 4
or even called upon to vote Why, then, were
the senate called upon say, by an act of theirs
that the state of Ohio should be deprived of a
vote III the senate until the final decision of this
question If Mr.. Smith himself chose not to
vote, he was satisfied he would not be cempeled
TO vote and if he wished 20 vote, Mr. Adams
knew OF no authority the scn~tc possessed to re-
fuse him. Such refusal would be a sacrifice of
the rights of Ohio.
4N, Andersor against agreeing to this an
Pheation, as ITS allowance would virtually CO. bv
eIGusingr Mr. Smith from voting on ali other ques-
tons, to admit him to vote on his own case If |
was, moreover going too far thus 10 deprive. by
n act OF the senate, state of one half of its re-
presentation in that body. IF Mr. Smith did not !
vote, ought to be his Individual act and not that
of the senate.
M. Giles said, that to save time, and to cna
bic the senate to deliberate further on this Point
before they decided upon it, he would Withdraw
the application for the present. He did not, how
ever, take this step, because he perceived the
force of the remarks offered by gentlemen ~
tlla- he had any reason to question the accuracy
Of the first suggestions of his own mind but TO
prevent any present embarrassment, and that the
senate might proceed III the examination of col.
TAYLOR
1t was then determined, without a division. IN
proceed to the examination ofcol. TAYLOR at ,1e
bar of the senate.
While the senate were waiting for Mr. Smiths
counsel, Mr.. Anderson moved that Iohn Graham
ESQ be notified TO attend at the bar of the 90, |
nate to give testimony in this case.
Mr.. anderson remarked that the occasion of
cailrlBon Mr@Graliam arose out of the testimony
of col. Taylor, which he read.
The motion Of Mr.. Anderson was agreed 20 |
On motion OF Mr.. Anderson,
ResOISed, That col. James TAYLOR be exsmin. |
cd 1T the bar OF the senate, in tie case of IoIn
Smith senator OF the state OF Ohio, that the |
questions put to col Taylor shall be reduced ia
writing, ana admitted TO the President, who
Shall Ja1ge Of the propriety OF the question pro.
pose5 Fi0
after waiting a considerable length of time
Mr.. +. s. Key, the counsel OF Mr.. Smith, appear !
ed when col. James T., lor was sworn and exa /
aimed at the bar Of tie senate the questions put
to him being submitted in writing confor1nably 10 /
tho above order, and the answer received oral. /
~
The testimony given by col Taylor having re-
iation altogether to that given in the report ofthe
select committee would be unntelgi6le uncon. /
nected with It We shall, therefore, reserve both
Tor future publication; the great length of the |
former absolutely precludiEg its present publica.