Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-01-06


upon the indictment for treason was 9Th.
held rom the jury, upon an opinion Of
the court tina, Aaron Barr, oct having
been present al the overt act OF treason all
ledged in The indictment, no testimony re-
la,ivs 10 his conduct or declarations else.
where, & subsequent TO the transactions on
Blsnuerha.sess island. could be admitted-
aud 10 consequence OF this suppression Of
evidence, the traverse jury found a verdict
{" that Aaron Burr was not proved 10 be
guilty. uodef that Indictment by any evil
cencc submitted TO then Ii was also 40
opieion of the court that none Of The trans
acsiops OF which evidence was given on the
trials ofAarop Burr die amount 10 an9osert
act of Aepying uoar and of course that they
die: not amount to treason These deci
s;cns forming the. basis o. che issue upon
the trials OF Burr, anticipated the event
which must awaited the trials ofthe bills
agains. Mr., Smith, who, from inc circum
stances of his case, muss have been enti.
lied 10 the benefit Of their application
they were the sole inducements upon which
The counsel for The u S. abandoned the
prosecusioa against him.
s. Yonr committee are DOT dispessd now
10 question the correctness Of .hese edecIsi
ons, on case oftreason, beforeta court OF
criminal .iufisdictioe, Bot whether the
transactions proved against Aaron Burr
did or did nst amount 10 technical Ian
guags TO an overt aes ctlevying war. your
committee have not scrupie OF dcubt up.
on their minds, thar but for the ..sisaGee
and energy of the government, aud Of taish
utciszeas uoder It's ditectsoos, 10 arrest
ing their progress, andin crushing his de-.
sigos, they would ia very stlor, lapse Of
time have terminated aot only 10 wal, bu
in war of the most horrible deacrlplion--
10 war al once foreign & domestic. As llttle
HESITATION have your com. 10 saving, that
1.-THE daylight of evidence, comb.nieg one
vast complicated intention, with overt ac.s
innumerablc, be not excluded etrom ltse
mind by the curtain Of artificial rules, the
simplest Understanding cannot bur see,
what the soetlest understanding canno.
disgaise before which otdi-
nay treason whi.ens into virtue; crimes
OF winch warts The mildest feature. the
debaaehment d oar army; the plonder
and 5esssioo Of our own 81 sqdb DE- e. na:onal
uoioo, aad The root of iutssniaable civil
war, were but The means of individual ag-
grancisemens; she steps tcsptojecsed usur-
patton. IL the ingenuity of q deamoa
were tasxed TO weave into one composifioE
all the great moral and political evils
which couldsbe iDfIc.edaupon the people
Of these states, it could produce moth ng
more than a texture Of war. disme mber.
meu,a and despos;sm. sOfthese designs,
grand jury composed of characters as re-
spectacle as this nation can boast, have up
on the solennisy Of their oa,hs, charged J
Smith with being an accomplish, the rea
sons upon which The trial ofthis charge has
notbeen submitted 20 the verdict Of a Jury, 1
have been shewa by.your committee, and
are proved By the leuerfrom the attorney
of the Uo,ed STATES for the district of
Virginia, herewith reported. AID your
committee are of opinion thar the oereiie.
tion Of the prosecution, 90 these grounds,
cannot IN the slightest degree remove the
imputa.ious which the accusation of The
grand jury have brought to the door of
Mr.. Smith.
Your committee will netpermit themselves
tn comment upon the testimony which they
submit herewith to the Senate--nor upon the
answers which Mr.. Smith has given as suffi-
cient for his Justification. DESTROYS as the
committee have been that this Justification
might be complete, anxiously as they wished
for an opportunity of declaring their belief of
his innocence, they can neither control nos
disssmble the operation ofthe evidence upon
their minds, and.howeyer painful to their feel
mos. they hn{j themselves bomnelled bv a