Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1808-02-02

SENATE.

fesolUsions offered by nim sousS uay $500,
which, AZ amended at his snssanee, Wa
read as follows
Ressgved, Thar the secressTy OF The sen
ate do issur asummens 20 the orig'nA' g.
soluiion subfesa1 10 sbet usual iofm 70
cause To- he 50 m moncd appear before inc
Seosse on the frs, dsy Of March next, r.
has Glnvsr add William M 'Fsflspd
then and there 10 give testimony 70 the
case Of John Smith, . Senator from inc
s,ase 81 Ohio. regardiog his alledgsd
participasiop 10 The conspiracy Of Aaron.
Burr.
Mr. Ppbe said, If there was DO oPpcss ION
70 rs ad cp.ion, he should be aserse TO tres.
passing Oh The time of The senate, bur It.
there were objsciiens TO il he should ,h'nk
this duly 20 assign The reasons that lsdac.
Thin TO offer it.
Mr.. adams said he certainly had some
objections 10 It's adeptios. In the hrsts
place il imposed duty 90 the secretary
which be would fad il difhs0ls, it Got I'm i
practicable for him 10 discharge. Il re-.
CURED .abpraato be issued 10 the "usu.
al form. . What forms MI. A. quessi.
onsd whether this would poi be the hrss
subpoena ever issued by him It II were
meant that Ii should be 10 the usual form
prescribed 10 court of law, Mr. Adams
doubted whether the power 10 Issue II re.
aided 10 the senate. The pTecesssof court
was issued under law, and uuder penas:y
attached 10 non attendance. SheSid a
witness REFUGE TO attend he was liable to-
further process to coeyce his attendance :;
\ aud inc same law likewise provided ,hss
witnesses thus summoned should DC CON
peusared. Mr. A. said he koew OF no such
powcr inherent 10 The senate. !. Ia cases~of
! Impeachment, il was ssue certain process
&c had been issued 10 the nature OF subfG
mas ,but actsal subfssas had never 5ssnls;
sued. A summons bad been issued, bat
not under any penalty for uoD-at,endsnce,
aad certainly, no process svos attachment
had eyer been issutd by the senate 10 eB
force the ATTENDANCE of witnesses.
~ Besides If one witness is summonsd,>
the sensse may be called upon TO summon
az hurdrsd And supposethe Witnesses susa
munrd shall GOT attend. Have you not, by
summDning then, acknowledged their I'd.
serislIty And mightnot their non.afteod
anec be a ground for acon,inuance. Sup.
pose party, for the purpose OF producing
this effect, wishes witness GOT 10 attend;
and he summon him, and he does not at.
tend; where will :hr delay end?
Fnrther, the constitution says no money
shall be drawn from the treasury bus nnder
an appropriation made by law. which re.
ouires the concurrence OF the two houses
What assurance have We tia, the other
branch of the Legislature will au;horise the
. compepsa.ion OF wisnesses Have we not
10 the case of an Impeachment been for
Two wears in collision with the other house
on The compensation of witnesses!
Mr.. 4. concluded by observing that he
/. believed the coarse of proceedings IN the
secase were such, that they must take such
testimony as they could get. and rest salts.
fed with collecting il BY the beat means IN
their power.
Mr.. Pofle said he was not a little surprised
!. at the arguments adduced by the gentleman
from Massachusetts. He did not care for the
mere words ofthe proposition he had sub
: mitsed or whether the term sn6frna Were
retained.or stricken out; it was the principle
5 only oftne resolution which he regarded. g
Mr. p. said he must acknowledge thatson
/ this subject,he was SO unfortunate as to enter
faini.leas which were considered the senate
as of aspeculiar character, although sanction
ed by the usage of ages. Having been re-.
Gently translated from the bar to the senate
) he might perhaps have been mlstakenin has
s opinion of the course most properto be pur-
sued on this occasion, and considered the Sc
3 nate as too much under the rules Of law. But
he must say that whatever errors had tinged
his first impression, he still viewed the Se-.
nate as bound by the rules of equity and jus-s
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