Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-10-25
Ii2 II Cents Ssnglr.l

sell, nor would do more To- ~ and ma.
nish us author and ali his associates but
!, should revolt at the idea oSan indiscr,.
mlna'e punishment, involving bath inno
cent and guilty and how con the ius, dis.
elimination be made, bot by evidence. ?
Evidence interpreted by rules long settled
and approved. Ought not The senate To
be particularly circumspect, lest by depar.
ing thereirom, Innocence might become
TIE victim OF an incaptious sensibili,y -
Again, sir, the popular feeling aud oniniun
are known 10 be direcl-d with prcul;.r
earnes,ness and force against u TX pstsi.
cipators ia this abcmpab!e conspiracy
and particularly against Mr.. Sa,i.h upon
| the presumption OF his being nne cf them.
Is II not TO be feared sir, thar dis ciicaIn,
stance has given the importa0cs q some
| OF The incidents relied upon against him.
! which hey do no, in.rinsicaly merii. when
tested by The ordinary rul,s nf evidence :
Under, lhcse circumstances are rot MIR.
Smi,b's chances for justice Ier sysee, jRs.
rice, materially lessened Does il not tes
quire more Than an usual gurl of ,hs
mind To incur the responsibility attached
to the auestation Of his inLocence l. Ger.
tainly does sir and am nom aeHnpA.i.h
foil tpp~ledge and under deep impres.
sion OF that responsibility. Bul, sir, WHEN
he alierna i've is presented Wheiber shall
incu' the responsibility, OF violate my oon.
scieoce' by acting against my conyictloa
| oil right cannq, hesitate moGisnl in the
choice 10 be made. must follow The ho.
nest conviction Of my own judsmenr, and
I ll.ho' that may hegend probably is la,.
slble standard; Ills he best thai God as,s
nature have bestowed on me, aud II sha,l
be imPbeitly and sacredly obeyed utde,-azv
ny che Amsiances, in which j, is pcsa,bis
10 place me.
/ know too thar the people of the United
States, are Just and liberal, an that thew
themselves would regret that che innocent
shonid be numbered with the guilty, by too
complainant respect for their ieeltngS.
particularly when they reflect, that in ms
particular c',sc, they have not the Whole
evidence before them, and OF course CANNOT,
lort The most acCura,e estimate OF lta
bearings and effects Gentlemen. sir, haya
Thought prcPcr 20 make professions, of the,r
impressions IN MIR. Sm;h's favor, untii he
was accused; to o5yiats, presume, the
'Gea al their being influenced by nBy ieei~
i"gs personally hostile 10 hum. l verify
! ii
At feelings have been too much intvr,niHgird
IN this enquiry, they have been of public
and not OF personal nature. / have not
been much III the habit of appealing 10 the
motives which actuate my pubic conduct.
have been wiling that il should be the
test of It's own respon ibhty. 1t is the on.
~ criterion by which 1 ever wished 10 be
judged; hutupon this occasion l might OBJ
serve that my prepossessipns III relation
! 20 Mr. Smith, nave nut been OF the charac-
Ter described by others The crcum stance
OF his becoming pnblic contractor whilst
Senator, opened my mind much moro To
suspicion, than it would otherwise have
been. Ii is also known that is general
course Of political conduct was not such az
] generally approved my prepossessions
) therefore, were not favorable 70 Mr smith
and # j had con;eBted myself TO act under
their Influence, there is no douDt as 70 tina
course should now take: but felt myself
iimperiousy called upon to act under a moro
sacred INFLUENCE sacred obligation to
truth and justice. ] have conscienucusly
obeyed IL; and the result is, "a conviction
that MIR. StDth is not guilty of the crIine
imputed 10 him / shall therefore diAses
J gard these prepossessions. Again, sir, ate
we not TO lo, X AZ the effects Of the sentence
we are called upon TO pronounce IT the
IN'''(Nr
lprive Mr.. Smith OF his seat in this Senate,
| lt would be matter Of little moment,
Gentlemen often voluntarily deprived thems
selves Of that honor, but if We oompulsiyeiy
deprive MIR. Smith OF his seat, We disro5s
him also of his reputation and his honor. -
The effects ofthe Sentencewiii not stOp here
lit viii have an unavoidable Influence on
the standing and character Of his family,
Are we to he told. sir, that our feelings
respecting his family are to be blunted, and
thai we must give loose to our suspcions
and jealonsies against him alone Are W.
20 be told that his own former good cha
lracter must not be brought into considera-
ton, 20 counteract the interences from tri-
wal incidents, surmises and suspiciens :
When has il been, sir, that in questions u
guilt or innocenCe, former good characier
has been excluded from all consideration ~
weighing cirCumstancosi Why Yves itthat
Col Taylor reminded Us that MIR smith
was always esteemed ga fricndiy, gg.yfby
and benevolent man /" and his JaBsSiy amt
abr and rfshecfa6ie il was, SIR, from 4
lconscientiousncss ~ him, that those circums
stances were important, aud ought 90 be ta-
ken into serious consideration M forming
lcUrect estimate OF circumstances related
Iby himself. Against positive evidence, 1
admit that the Circumstance ought tot 60 ts
1 a "a