The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-10-11

Rave omitted many circumstances both IN the pa
pers formerly before The Senate, and those now
presented by Mr.. Smiths counsel, tendag fur
Their to demonstrate his innocence 90 these
merely request the attention and rcco.iection of
the Senate. IL has int been my object to dilate
on them, but merely to state the reasons, my
| ,n.nd, Why the co.wictoS of Air Smith's quilt
WAS not produced on il, which has been on the
gentlcmaISs from misunderstanding has been
done, by the best consideration of those parts of
| the evidence, which he 30 ably and eso1uentiy
selected and presented 70 our view; OF course
the worst partof the picture has been constantly
before us. Upon casl;d review of Ill the cir
oumstances, to what do they amo,mt' To
p'cious, and Suspicious only suspicious unnatu
raj and Improbable. Has u single act of partci
patton in Burr's conspiracy been proved: Not
to my disccrninent Has any been sugee sted to
have been proved; i have heard of none. II
! ANY criminal act has been committed, why DO not
gentlemen tell Us wkatit is, in what il consists
Why do they not pu; their ,nger upon it l
| call upon gentlemen, challenge them to do it.
That at least must be done, before can convict
the accused OF guilt.
have already extended my observations much
further than originally intended bu; am still
impeliedby understandable aud irresistible i'm
pulse, to make 4 few general observations
They are impel'ed by impressions resulting FROM
view OF the general complexion of the case ,u,-
der consideration. The conspiracy OF Aaron
4
extensive, that the patriotic mind has been left
| IN great doubt and uncertainty in fixirg OBJ
Jects, cOTpcctcd with it. The wickedness,
! ana dangerous tendency of his plans, have excl
! ted just and general detcstaGon and irdignat-
on against the author, and al his associates This
state of feeling opens the mirid 20 iealouses and
suspicious; and The transition 0f dis feeling is
extremely easy and natural from the author, and
his known associates, to persons, who arc mere
y cbJerts ct these jealouses and s'spicions.-
This hanDsns to be the unfortunate lot OF all.
who ever happened 80 repose a mistaken conf
! dence in Buzz. That this is the peculiar misfor-
| tune of MIR. Smith at the present moment, can a.
ny gentleman doubt, who viii take an impartial
renew OF the whole evidence and proceeding in
the case When see gentlemen of the most
discerning minds, and the most amiable and mer-
cifu dispositions on all other occasions with the
best intentions III this, distort the rules of evil
dence, and resort TO trivial, inconsistent and I'M
natural incidents, as evidences of guilt, without
pretending 20 name or describe, in what the cri-
mnal act consists how can the phenomenon be
accounted for, but from the influence of this pat
\ riotic, but misguided sehsibility i really fear
| that this laudable but dangerous sensbility has
too much influence on the Senate at this moment,
| Tor the purposes of justice and of truth In this
state OF mind, Sir, it peculiarly becomes the JUS
| tice and crcumspection of the Senate, to guard
against the influence of trivial incidents and sus-
picious circumstances We ought to recolIect
| on ofthe gentleman from Connecticut (NIr Hill
houae)
f' Trifes light as air,
y IRE to the jealous confirmation strong
is Pro9tS Of h0Ly srrit."
We ought to recollect that the question before
us, is not as to the existence, the extent or the
wicketlness of Burr's plans but whether MIR.
Smith participated i'll them or not No gentleman
feels more detestation for the conspiracy than
myself, nor would do more to detect and punish
its author and all his associates but / should
| revolt at the idea of an indiscriminate punish
| ment, involving both innocent and guilty and
how; can the Just discrimination be made, but by
evidence Evidence interpreted by rules long
settled and approved. Oughtnot the Senate to
be particularly circumspect, lest by departing
| therefrom, innocence might become the victim
of IN incautious seHsiblty Again, sir. the
popular feeling and opinion are known to be di-
| rccted with peculiar earnestness and force a.
gainst all the paThcipators in this abominable con
spiracy; and particularly against Mr. Smith up
on the presumption of his being one Of them
Is 1T not to be feared, sir, that this circumstance
has given an Importance to some of the incidents
relied upon aganst him, which they do not in
trlnsicaily merit, when tested by the ordinary
rules OF evidence Under .hese circumstances
| arc not Mr.. Smiths chances for Justice far sheer
justice, materially lessened Does it not REQUIRE
more than IN usual effort of the mind to incur the
iCopohoiOhtN inc attSStatlOn OF his
| innocence? 1t certainly does, sir; and am now
acting with full knowledge and under deem
impression Of that responsibility. But, sir, when
the alternative is presented whether shall in
cur the responsibility, violate my conscience.
by acting against my conviction of right, | can,
not hesitate moment iii the choice 60 be made
must follow the honest conviction of nv own
judgement, and although that may be, and pro.
badly is fallible standard it is the best thai
God and nature have bestowed on me, and II
Shall be implicitly and sacredly obeyed under a.
ny circumstances, in which it is possible to place
me.
/ know too that the people of the u. States
are just and liberal, and that they themselves
would regret that the innocent should be num-
bered with the guilty, by too complasant a res
pect for their feelings particularly when thew
reflect, that in this particular case they have NOT
the whole evidence before them, and of course
cannot form the most accurate estimate of ito
bearings and effects. Gentlemen, sir have tho,t
proper to make professions, of their Impressions
IN Mr.. Smiths favor, until ne was accused 20
obYiate, presume, the idea of their being in
tiuenoed by any feelings personally hostile to him
verify Deilve they are not, readily admit that
" feelings have been too mu;h intermingIed in
tins enquiry, they have been Of apublic and not
OF personal nature have not been Inscb il,
Che habit of appealing 10 the motives which nc.
tu'te nay public conduct have been willing
that 1T 5aould be the test Of its own responsible