The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-05-28
Cite Gnqulrer.
RICHMOND, MAY %, 1871.
POLITICAL PLEADLVGS :!
SMITH rs. MADISON.
Counsel for the Pro8ecution-Ihe aurora

LIoy ~ INcuSc CNC IiNOUC wv Z are sure
tn at the attentlon of this Conrt must be
good deal fatigued. and perhaps its patti
ence may be exhausted, by the tedors ar
gument of the Counsel on the part of the pro-
secutior. 8, Bat as it is hoSSi6te that some
of you may have heard that argrment out.
and still more, mistaken it for reasoning &
truth, we are under the necessity of asking
your attention for one moment.
We shall not so far play the Orator, to
gain your ear, as to represent the case, now
submitted to your consideration, as one of
the most imh0rtGnt which ever occurred
4" beneath the Sun ,To-the parties them
selves, the events which gave rise to this
prosecution, were of very different degrees
of importanee-for the one lost the depart
ment of State: and the other lost---a Score
tary Of Stare. The one lost that which can
not be so easily replaced--and the other
lost that which may be more readily suppli-
ed. Mr.. Smith is suing for DAMAGES for
the loss of aplace and the other is dragged
tocourt, without even an attempt toutter a
word in his behalf; or without having re-
FAMED or authorised a single advocate to
defend his cause.
We, may it please your honors, could not
sit by, when we not only beheld the parties
thus unequally matched, but the case itself
wrested from all its merits; when an artiG
ciat air of consequence was artifciaHy cast
around it; and more especially when by the
zeal of the Counsel of Mr.. Smith, your ears
were filling with idle rumors, and your sem
sibility addressed with visionary complaints.
We could not remain patiently at your bar
and behold scene like this. We felt, as
the conserUators of the public morals and
public peace-Sc could not help put ing in
one word, in the cause of innocence and
IS
we should bring down upon us-The Tier
sites of the poet is not more loud nor turbu.
lent of tongue than the counsel for Mr.. -
* his passions are too impetuous to take
Council from any PRINCIPLES.
Yet 1t was not in =" in infamous assserti-
on, or dirty ribaldry" to drive us from our
purpose-for there is sometimes, something
in them so harsh and :" detergent as to
cleanse the character it was lie stined to
betoul." Bus it was, because we would not
unnecessarily scatter discord among the re
publican party, or wound the feelings of
Mr.. Smith, (whose feelings we would res
pect tor particular reasonsl that we were sol-
citous to wave this. discussion. Yet when
we were told, by the authorised agent
of Mr. Smith, that breach had alrea
dy taken place, and we were left the alter
native of choosing between him and Mr..
took up the gauntlet.
Had Mr.. Smith retired from the Cabinet,
Tor, if his friends like the term better, been
dismissed in silence, he would have had a
strong claim upon the forbearance of every
man. But he himself breaks the ice. He
comes before this court as an accuser; he
comes to make good his cause before you,
and 10 wreak his resentments upon those
whom he CARDS as his enemies. He au-
MoTises the aurora "to state that the rup-
ture between Mr.. Madison and Mr.. Smith
has been produced by conflicting opinions in
relation to certain great public nieasures''
thus making himself party to the dis
cussioii, u setting om the GogS Of guar upon
MIR. NJ olson.
Can Mr.. Smith, then, complain of us or
of any one, who doubling the validity of
fItS reasons, is under the necessity of as
signing others which may not prove so a.
greeable to his Feelings 2 We put in the
plea of non .contfos. against Mr. S twas
he himself, who has extorted from us this
reluctant declaration.
But the Aurora is at loss to see, now
we can wound the feeifngs of Mr., Smith,
after having expressed a reluctance to
wound those OF any mainland it is pleased
to say, that there is no sort of " correspon-
dence between the frofcss,oHs in the
peDinB aud Practice in the denoue ment of
the piece" We had supposed, that very
small share OF common sense would have
been sufficient to have understood the re
mark.--sWe ftrofessed a reluctance to wound
the feelings OF any man--but did not we add,
that there were paramount considerations to
overcome this reluctance What was, in
fact, the pule we laid down That har
mony was a valuable thing-but that there
were some circumstances, which would
compel Us to SO Srifce il. A surgeon is 10th
10 give pain, but the safety of the patient NAV
oblige him to lop offa limb Every day meh
take steps which nothing but the dura neccs
sitoS Yeruni, the sheer necessity of things
woudforce upon them. Where isthe contra
dietion in thiss Or is it the brain itself that
the confusion of its own ideas for
in thingsl
Such, SIrs is the manner in which we
have got into this discussion. As to the
.Auroya, we doubt whether its motives are
much hureY than our own. There is no
hazard IN saying, that its Editor cannot ask
for kess. than we ourselves have ever asked
or ever will ask from any administration ne
neither seek " nor at any time hereaft er
shall we he disposed TO seek the favor of
Mr.. Madison, nor to BOO tut onV greet
man." And we will pledge ourselves, if
the Editor of the Aurora will also pledge
himself, neitherto ask nor to accept from the
present nor any future President, any Office
or commission whatsoever
But the Burora fakes no side in this af
the side 1.-THE injured"
II has no other motives than those of pure,