The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-09-16
SENATE OF THE UNITED STATES,
srEEcH OF JonN @ ApA&s, coNTINuED.

: :
between Che two cases, which have he, loi1re
occurred IN the Senate that the case of Me-.
Marshall was and that OF Mr.. Biount was not
an irdctable offence, that this distinction per-
fectly reconciles the proceedings i'll those two Ca
ses. But no such distinction appears upon the
face of those cases. From the terms in which
the report against Mr.. Blo,,nt was expressed, it
would seem as if the reporters had doubt OF
the opposite kind doust like that urged on
MIR. Chase's impeachment-that is, whether
meriber could be expelled for an offence not in
dict.ble--for after describing at some length the
moral complexion of MIR. Blount's act, they ex
pressiy add that it amounts TO u high snisdtaeGn
or-words which seem expressly chosen - mt
mate opinion that enc act was ndctable;
misdemeanor being the technical Languages
the law, the special characteristic oil an indct-
able offence
The course recommended to the Senate, as a
substitute instead of that which they have pursu
ed, is itself liable TO objections, insuperable 20
my understanding d. not find in the consttu
ton any authority given to the Senate to direct
any law officer Of the United States TO COM.
mence a prosecution ut law, against one OF their
members Neither do find them invested with
the power of sequestering member from his
seat. The gentleman said it was incidental to
the power of expulsion. If so, the incident is
much broader than the power itself The SUI
perstructure far more extensive than the base.
The power Of expulsion operates only upon the
presented and only suffers during the time,
which it may require to supply the vacated place.
But when you Se2HeStey member from his seat,
vn,, also seuuester his state from its proportion
Misrepresentation. Youleaye her only one Hemper,
while all her sisters have twc.--and il this Sc
questration is 20 continue through all the Impair
Iances of prosecution in court ~ law, this
suspension of the states representation might
last through whole Senatorial term of duty.
The same principle, in it's application to the O.
Their House, would often sequester a district of
people from their share IN the national represen-
tation during the full Congressional perod-not
to mention the opportunities it would afford TO
personal enemies and political opponents OF ia
king obnoxious member from ms seat, by The
mere institution of criminal process against
him Another obstacle TO this procedure arises
from the danger of transferring the decision up
OH the qualifications of your members from your
own body TO a different, and perhaps distant tri-
bunal. 1t proposes topl2ce the trial ofthe Cause
under one jurisdiction, and the sentence TO be
pronounced by another. instead of acting upon
evidence and Information exhibited to your own
view, YOU must take upon trust the correctness Of
proceeding Of every county court OF criminal iu-
ristiiction Throughout the Union, and resign the
members TO their seats into the
hands Of every jury IN court OF quarter sessi-
oTis. This consequence is obvious, and so in
compatible with the ciearest privileges CT this
body, that the counsel themselves perceived Ii,
and sarunk back from their own conclusions
They admitted that after the trial at law, the
verdict of the jury would not be conclusive, as
ground for the decision OF the Senate on the
question for eXpulsion---Nay they admitted that
even after a verdict Of acquttal, the Senate
might again enter upon the enquiry. If the ac-
uutt2i were on fair and honorable grounds, they
thought the Senate would be bound to abide by
ii, but if it should be obtained upon legal excep-
lions. by the exclusion of evidence upon OBJ
jcctions to the more legal competency OF the tes-
timony, we IN .Eiit resume the investigation, and
proceed TO cXpc the acquitted member, on such
evidence excluded BE- the formal limitations of
practice in the Judicial court. But, sir, hew are
the senate TO know, unless i. be from the face of
the record, upon what grounds the party was ac-
quilted His plea to the indictment is, not
guilty. This is the issue upon the trial, and I'M
der this issue the person accuscdis entitled to
the benefit of every exception OF legal form as
well as If honorable substance The Jury are
Judges both Of the law ana the fact The testf-
mony, whether admitted or excluded seldom
appears upon the record The jury ON comb.
nine- every pGin; both OF law and OF e stimonv
fnd If insufficient to convict the party accuse d,
and tiay return general verdict in the two
words OF his plea 6. not guilty. They rive no
reasons for thei. verdict The jury at Richmond.
indeed, on the trial Of AIr. Burr for treason did
assign reasoR--blt this was n, extraordinary
eXception-they are not obliged so give their rea-
sons, and they scarcely ever 40 give tlcm. How
then are we N know wine ther the acquittal WAS
honorable or otherwise, by receiving testimony
WHY then I'VE return to that oTigiBd foundation
of our own sound discretion, upon which have
contcn,.ed that our authority rests. We send
4ile party TO court of law for TRIAL and tie
court sends him back to MS for two--one for him
self, and one for The Jury which acquitted him.
We GO from discretion to law; and then with an
aggravated burthen return from law to dscreti-
3 on.
Let US however, for r'oment suppose that
this doctrine of Mr.. Smiths counsel is correct,
and that orr authority to try this cause is appel.
late and not original The consequence is, tht
we Ought now to do, what they telus We o;oht
to have done at first Their argument invites US
now TO seplcster this genti.man from his seat.
and send him to circuit court Of the United
States for trial by jury, with directions to the
proper law officer to commence prosecution -
gAnst him, and with the whole mass of cv;
dence which, has been here produced against
him chat tie personal Attendance of the wit
nesscs mag be obtained at tile proper time and1
place If, sir, the object were 70 deprive Mr. !
Smith Of his sect, for the remainder OF his term
this process wU;id answer etii,lty - ;I,,
adoption Of the resolution before voa Imust
therefore believe that it'caGaot be MF. Smiths |
desire, that we 5hodid on this occasion rcnounce
our own course, to follow that incul,ated upon
Us by his counsel.
Having disposed the- Of the objections to the
jurisdiction Of the Senate, let us pass TO those
which have been urged With equal solemnify a.