The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-09-15
Dariftn.
By request
SENATE OF THE u. STATES.
(ISO7.l

~NNN'Sp ''oh' DIP
pointed to inquire whether It be com
Pstible with the honor and privileges
ofihis house that Jehn Smith, a 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
misdemeanoI, shall be permitted any
longer to have seat therein, and ,o
inquire into the conduct of Mr.. Smith
as an alleged associate OF Aaron Burr
and report the same to the senate, sub
NIT the following report:
Your committee are of opinion thai The
conspiracy of Aaron Burr and his sstoci.
ates against the peace, union and liberty
OF these states, is OF such a character ard
that It's existence is established by such
mass OF concurringS mutually corrobora-
tive testimony, that ii is incompatible not
only with the honor and privileges ofthis
house, but with the deepest interests of
this nation, that any person engaged in it
should be permitted to hold seat in the
senate Of the u. States.
Whether the facts, of which the com.
mittee submit herewith such evidence, as
under the order Of the senate they have
been able to collect, are sufficient to sub.
staDtiate the participation of MIR. Smith
IN that conspiracy, or not, will remain for
the senate TO decide.
The committee submit also to the con-
sideratlon of the senate the correspon-
dence between MIR Smith and them thro'
their chairman in the course Of their
meetings. The committee haze never
conceived themselves Invested with au.
horify 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 MIR.
Smith. Their opinion indeed cannot be
expressed in relation to the privileges of
the senate, without relating at the same
time to Mr.. Smiths right to 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 solicitude to be
heard before them, they obtained per-
mission from the senate to admit his at
tendance, communicated to him the evil
dence N their possession, by which he
was inculpated furnished him in writ.
ing with the questions arising from it,
which appeared 10 them material land re.
ceiyed from him the information and ex.
plantations herewith submitted as part of
the facts reported. But Mr.. Smith has
claimed as right to be heard in his de.
fence by counsel, to have comp ulsory
process for Witnesses, and to be confront.
ed with his accusers, as if the committee
had been a circuit court of the u. S. but il
is before the senate itself that your com.
mittee conceived it just and proper that
Mr.. Smiths defence Of himself should
be heard; nor have they conceived them
selves bound IN this inquiry by any other
rules than those Of neutral Justice ard
equity due to brother senator on the
one part, * TO their country on the other.
Mr.. Smith represents himself on this
inquiry as solitary, friendless and unskill>
ed, contendiDg for rights which he int.
mates are denied him, and the defender
OF senatorial privileges, which he seems
apprehensive will be refused him by Sc.
majors, liable so long as they hold their
Offices TO have their case made their own.
The committee are not unaware that in
the yissitudes of human events, no men,
Der of this body con be sure that his con.
duct will never be made subject of in
quiry and decision before the assembly
to which he belongs. They arc aware
that in the course of proceeding, which
the senate may now saDction,its members
are marking out precedent which may
hereafter apply to themselves; they are
sensible that the principles upon which
they have acted, ought to have the same
operation upon their own claims 10 pri.
vileges as upon those of Mr.. Smith, the
same relation TO the rights of their con
s,itueD,ss which they have to those Of
the Legislature which he represents. They
have deemed it their duty to advance in
the progress Of their inquiry with pecu.
liar care and deIiberatioD. They have
dealt out to Mr.. Smith tina; measure
which under the supposition Of similar
circumstances they would be content to
find impaired to themselves, and they
have no hesitation in declaring, that IN
der such impu:ations, colored by such
evidence, they should hold it sacred
obligation TO themselves, to their fellow
senators, and TO their country, 10 meet
them by direct, unconditional acknow.
ledgment or denial, without seeking
refuge from the broad face Of day, in the
labyrinth Of technical forms.
In examining the question whether