The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-09-13
White Hall Street, No %.
SENATE OF TIE UNITED STATES,
.. -. :


The report Of the select committee il the
case ofalr SMITH of Ohio, being under con
sideration--
Mr.. FRANKLIN moved. that the Senate do
now proceed to consider the resolution, with
which the report concludes, and which is in
the following words:
=" RsSoivcd, That IeHN SMITH, Senator
from tie state OF Ohio, by his participation
In the conspiracy Of Aaron Burr, against the
P"acc uhf11 and liberties oftcc people OF
the United States, has been guilty Of conduct
Incompatible with his duty and station as a
Senator of the Omitted States, and that he be
therefor, and hereby is expelled from the Sc
nate of the United States''
This motion having been agreed to, Mr..
ADAMS spoke in substance n. follows
Mr.. PRESIDENT .-The question now I'M
der consideration appears in strict prcprcty
to import, only a discussion OH the point of
fact, and its determination can decide only
whether Mr. Smith has or has not been par
ucipator in the conspiracy Of Aaron Burr,
SO far to be 10 longer worthy of a scat upon
this floor. But as the learned and ingenious
counsel of Mr. Smith have wrestcd a part of
his defence upon objections against the pril-
ciplcs recommended iii the report, and upon
which the Senate have hitherto proceeded
in this case, shallbc permitted, inthc course
81 the remarks ] am nov about to submit to
the SCna g. to make such observations upon
the FIlncip -es commended for by these gentle.
men, as nave occurred to me, as well rs up
OH the view of the evidence now in our pos
session, and by which my vote upon the re
solution will be governed
And cannot but express my satisfaction,
that the principles of the report have been
brought to so severe an ordeal, & have been
called to encounter the whole argument and
& 90 F, l..
Far it from my wish, sir, that those prin-
cples should receive the countcnancc and
sanction ofthis body, unless upon the scye1cst
scrutiny they shall be found to stand upon the
foundations OF reason, OF the constitution, and
OF precedent. If the principles proposed by
Mar smith and his counsel arc more sound
they on 5ht unqucstonably to prevail, and IL
order 10 try their respective validity, my task
will be to Examine the objections which the
learned counsel have urged against the prin-
ciples Of the report, and to animadvert upon
those which they have proposed to substitute
in their stead
The FIRST ooiectionis to the jurisdiction ofthc
Senate. It's said hat we had no right to try
thi5 case at all; or at least that ii we were
authorised to cnterupon it Tor purpose of en-
curry, We had 40 right to pursue it for purpose
oil decision. And although this enquiry was
originally solicited with CaTnestncSs BY Mr.
Smith himself, am not DESTROYS Of depriyina
him Ct Jhc benefit which he can now derive
from denial of our jurisdiction fIs coun-
SCI now solcmnIy protests in his name and
their own against our indulgence i'm grant
ing him his request. IF indeed they are
roHt, II We have 10 authority to try, the
consequence would lead further than the
gentlemen themselves would be willing TO al.
low. Their argument denies the right OF
the Scuale 90 tanc this question at ali. A
vote q. rejection would affirm the iurisdlc-
ton OF the Senate, as much as a vote OF a
d"pticn. Acquiltal implies the jurisdiction
OF ne tribunal, as much as conviction. This
IS oo'icus from the practice OF the common
mon law courts, where .he plea Of the iu-
nsaicton must always be decided before the
general issue can be tried Nfr. Smith.
however, oughI not tobe denied tic advan.
iagc OF both lis grounds. il there are mem
Oeis ot tho Senate, who though convinced
that ihc facts are sgincicNt for his cxDui-
SION, have been convinced by inc arCureits
(" his counsc. ,hdt tGcy ought To have been
tuci here. tasy vii we ag4iQst tsc re,o-
iE,I"H. y thcrc are others who believc the
course 80 have taken Go be correct but thu;
thc cyIG-n-c Is not sufficient to warrant OK