The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-09
IN SENATE OF THE UNITED STATES.


Mr.. ADAMS, fiHm the committee appointed on
the 9th of November last, to enquire whether it
be compatible with the honor and privileges of this
house, that John Smith, senator from the state
of Ohio, against whom bills of indictment were
found at the circuit court of Virginia held at Rich
mond in August last, for treason and misdcmean-
OF, should be permitted any longer to have seat
therein, and to inquire into all the facts regarding
the conduct of Mr.. Smith, rs an aledged associ-
nte OF Aaron Burr, and report the same to the Sc
nate-submitted the following REPORT:
YouR committee of opinion, that the con-
spiracy of Aaron Burr and his associates against
the peace, union, and liberties of these states is of
such character, and that its existence establish
ed by such mass of concurring and mutually COR
roborauve testimony, that it is incompatible not
only with the honor and privileges OF this house.
cut with the deepest interests of this nation, that
any person engaged in it>should be permitted to
hold a scat in the Senate of the u. States.
Whether the facts, of which the committee sub
mt herewith such evidence under the order of
the Senate, they have been able to collect are suf
tcient 20 substantiate the participation OF Mr..
Smith IN that conspiracy, not, will remain for
the Senate to decide.
The committee submit also to the consideration
OF the Senate, the correspondence between Mr.
Smith and them, through their chairman, in the
course OF their meetings. The committee have
never conceived themselves invested with autho
rity to try Mr.. Smith Their charge was to report
an opinion relating to the honor and privileges of
the Senate, and the facts relating to the conduct
OF Mr. Smith. Their opinion indeed cannot be
expressed in relation TO the privilege ofthc Senate
without relating at the time to Mr.. Smiths
RICH, OF holding seat in this body but in that
respect the authority of the committee extends
only to proposal, and not to decision. But as he
manifested great soGcitude to be heard before
them, they obtained permission from the Senate
to admit his attendance, communicated to him the
evidence in their possession, by which he was in
eulpated, furnished him in writing with tho ques-
tons arising from it. which appeared to them ma
ferial, and received from him the information and
explanations herewith submitted as part of the
facts reported. But Mr.. Smith h,s claimed as a
right, To be heard in his defence BY counsel to
have compulsory process for witnesses, and to be
confronted with i,ccusers-.s If tie committee
had been circuit court of tho United States
But it is before the Senate ITSELF that YOUR com
tnittse conceived it just proper that Mr. Smiths
ucfence of himself should be heard. Nor have
they conceived themselves bound in this inquiry
by any other rules than those Unnatural Justice and
equity, due to a brother senator the one part
and to their country on the other.
Mr.. Smith rep esents himself on this inquiry as
solitary, fendless, and unskilled, contending for
rights which ne intimates denied him ; and
the defender of senatorial privileges which he
seems apprehensve will be refused him by sena-
tors, liable so long they hold their offices to
have his case made their own. The committee
not unaware that in the yicssitudes of human
events, no member of this body can be sure, that
his conduct will never be made subject of maui
~ and decision before the assembly to which he
belongs. They are aware that in the course OF
proceeding which the Senate may now sanction,
It's members marking out precedent which
may hereafter apply to themsckes.-Thev are
sensible that the principles upon which they have
! acted, cut to have the same operation upon their
own claims to privilege, upon those of Nj.
RSmth the same relation to the rights of their
Constituents, which they have to those of the lc-
ox1yfN hnr
ed 1T their duty advance in the progress of their
inquiry with peculiar care and deliberation. They
have dealt ont to Mr.. Smith, that measure, which
Mnder the supposition of similar circumstances
they would be content to find impaired to them
selves, and they have 10 hesitation in declaring,
NthPt under such imputations, coored by such evil
dence, they should hold it sacred obligation to
themselves, to their fellow senators, and to their
country, to meet them by direct, unconditional &C
acknowledgements or denial, without seeking refuge
from the broad face of day. in the labyrinth tech
meal forms.
In examining the question whether these forms
OF Judicial proceedings, or the rules of judicial
evidence ought to be applied to the exercise of
that censorial authority which the Senate of the
United States posse the conduct of its
members, let us assume the test of their appl-
cation, either the dictates of unfettered reason
the letter and spirit of the constitution, or prece
dents domestic or foreign, and your committee be-
heve that the result will be the sumo that the
power OF eXpelling member, must III its nature
be discretionary, and in its exercise always more
summary than the tardy process Of judicial tibu-
nails
The power Of eXpclling a member FOR Tniscon
duct, results on the principles Of common sense,
nom the interest ofthe nation, that the high trust
OF Legislation should be invested in pure hands
When the trust is elective, it is not to be presum-
Cd that the constituent body will commit the de-
posite to the keeping of worthless characters But
when man, whom his felow-citzens have no.
nored with their confidence, on the pledrc of \
spotess reputation, has degraded himiselfby the
commission OF Infamous crimes, which become
suddenly and Unexpectedly revealed to Tic world.
defective indeed would be that institution, which
should be imPotent to discard from its bosom the
contaglon OF such member which should have
- retnedy Of annputation to appy until h t,o;sop
hid reached the heart.
The question Upon the trial Of a criminal cause
before tlc courts Of common law, is not tween
BGlt and innocence, bit between guilt and the pos.
sihity Of innocence. f q doubt can possibly h,
D. 1850 either BY the ingenuity of the party ,r of
is counss., Of by the orerntion of general rules
~ tHeir unforeseen application to particusr cascs
H't must be decisive for acu,ittai. and tho
Nerdietot not g4ly, perhaps in nine cases out Of
ten, means 10 more than that the guilt Of the par
tY)1s not been demonstrated in the precise. s5cci
nc AID narrow forms prescribed By law The hu
1a,e spirit Of the Laws inulliplies the BARRIERS C
Ito e - %