The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-10-14
SENATE or THE UNITED STATES.
FRtDAY, ArRIL 9, 1903.
CASE OF TOHT SMITH.
(coNcLupEp.)


gentlemen from, Virginia and from Kentucky,
tNIr Giles and Mr. Pope have emphatic:l!y
called upon the members who have expressed
their intention OF voting for this resolutions to
lay their fingers upon specific facts which will
warrant theirvctes. agree perfectly with those
gentlemen, that suspicious, however strong, are
no sufficient foundation for such censure MS this,
upon The conduct of public man. l certainly
would not give my voice TO the passage of this
RESOLUTION upon mere suspicion. And may CON
jidentiy say TO the members OF this Senate, who
have longest witnessed H,v conducJ here, that.
suspicion and jealousy form part of my cha.
ructer Fin this respect, have ever been charge
able with error, believe it may be, thought to
have proceeded rather from am excess than from,
deficiency OF confidence in the political integri-'
ty of other men. g. 80.
The reason assigned in the resolution, is the
participation of Mr.. Smith in'the conspiracy OF
Aaron Burr, against the peace, union and liberties
of the nation, The conspiracy against our peace,
consisted in the projected Mexican INVASION
The unquestionatle fact which establishes Mr.
Smiths participation in this part Of the plan, is
his engagement of his two sons for it, when
communicated in special confidence by Mr. Burr
The other part aimed against the uaios and 5er-
ties OF this country, consisted in the systematic
attempt to instigate the peonie OF that part of
lie country 10 a separation from the Atlantic
states The fac, which Establishes Mr.. Srlitli's
participation in this, is the conversation attested
20 by Col. James Taylor, in which we see Mr.
Smiths active cooperation towards the accom-
pi,.irrrvnt ui,Jevt, winch ,Ir
Burr himself says in his letter to linn, is the on
Iy practicable mode for efiecting 1t These two
facts demonstrate Mr.. Smiths participation in
the whole plan The testimony OF Peter TAYLOR
proves conscientousness in MIR. Smith, of un-
alawfulness in the whole enterprize. The pains
which he took to avoid the grand jury at Frank
fort, on the second arrest of Mr. Burr, and his
declarations 90 so many persons, that he knew
nothing OF the business, after Burr bad so fully
disclosed it to him, are something more than sus-
picious. The denial and subsequent admission
of many material facts, the attempts TO discredit
witnesses of the fairest character, the varieties
IN Mfr. Smiths narratives, and the incredi
pili;y of many things upon which he principally
relies, all concur in proving, that there is another
narrative of the real transactions which has not
been told. These are the foundations of inferen-
ces, which may indeed possibly be erroneous ;
but the engagement of his two SONS is admitted
by himself, and his promotion of disuiiion is fully
provedby col. James Taylor.
The gentlemen from Virginia and Kentucky,
make very light of these facts. The first of them
says, that Mr.. Smiths testimony could not have
proved any thing against Burr, because Burr.
! - told him he should attack Mexico, if u. war
should take place. Why, sir, if this iistiGes
Mr.. Smith,, it justfes Burr himself He afzvays
declared his intentions against Mexico were to
depend ON the event of war. / will not repeat
possibility, that man of common sense could at
that time, be the dupc OF this prctence but if
he were, Mr.. Burr's preparations then were e.
quaiiy in violation OF the law, whether a war
had or had not ensued. If there can possibly
remain doubt of this, must ask yo;ir leave
sir, to read you the section of the law itself
And be it further enacted and declared, that
if any person shall within the territory or iris
dction of the United States, begin or set Oh foot,
orproride or Prepare the means for any military
expedition or enterprise to be carried on from
thence against the territory dominions of anv
foreign prince or state with whom the u States
are at peace, every such person offending,
shall, upon conviction, be adiudged guilty Of a
high m;sdeneanor, and shall suffer fine and i'm
pTsonment at the discretion of the court in which
the conviction shall be had, so that such fine
shall not exceed Three Thousand Dollars, nor
the term OF Imprisonment be more than three
years"
Now, Sir, the offence is beginning, or GETTING
on foot, or providing or preparing the means for
anexpedtion against foreign prince, with whom
the United States are at peGce no exception for
those with whom they shall be at war Indeed
the moment when there is prospect OF war, is
the very time, when the remedies of this act are
the most important and necessary. For such Dri
vatc enterprises have the strongest Of possible
tendencies to involve the nation in war and thev
are precisely the things against which the law
was intended TO guard. Mr. Smith knew we
IN
TIL war declared, Bur's preparations were
in the face Of the law. Yet he engaged his two
sons, and hurried away from Frankfort, to avoid
the grand jury, under the express and repeat
ed allegation that he knew nothing of the bust
ness.
The gentleman from Kentucky says, that there
were perhaps five hundred persons Of distincti
on beyond the mountains, who gave as much
COUNT nance to Burrs projects, as from the evi.
dence before us, appears to have been given bv
Mi. Smith Sir, l am very sorry 10 hear it, and /
rope the gentleman is mistaken. II there are
five hundred, or even fifty persons Of a STANDING
IN society, on the level of Mr., Smith, who, attrr
personal and confidential communication from
Burr of so much Mr. Smith avows, gave hin,
so much countenance as to engage themselves.
or any part of their families, in lis projects the
situation of that country and Of this is truly lr.
ming.
Consider, Sir, the character of Mr.. Bur,.,s
projects and preparations even as they were a.
vowed The very act Of raising men for militia.
ny purposes, is usurpaton Of the SOVEREIGN
power an us,rpation of the most dangerous dee.
crption. The determination to invade Alevico
was not even pretended to be dependent upon an,
thority from your government. Mr. Burr was
to be not hostife--he was to be good ngiohbo,s~-
III every one Of these terms, independent and co
vercign power is directly implied Is it pogs;bJc
sir, TO consider this offence Of trivial ,r,aor'
nitude'
L. n.