The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-09-17

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o. 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 Aue-,ss last, for treason and
misdemeanor, shall be permitted any
longer to havea seat therein, and 10
inquire into the conduct of Mr.. Smith
as an alleged associate OF Aaron Burr.
and report the same to the senate, sub
init the following report:
Continued
BY the letter OF The constitution, the
power OF eXpelling a member is given TO
each of the two houses of congress
without any limitation other than
which requires concurrence Of two
thirds of the volcs 10 give effect
The spirit OF the constitution is perhaps
IN no respect more remarkable, than in
the solicitude which il has manifested, 10
secure the purity of the legislature, by
that of the elements Of its composition.
A qualification ofage is made necessary
tor the members to ensure the maturity
OF their judgment. A qualification OF
long citizenship 10 ensure a community
OF interests and affections between them
and their country. n qualification of
residence to provide a sympathy between
every member and The portion of the
union from which he is delegated. And
to guard, as far as regulation can guard,
against every bias OF personal interest,
and every hazard Of interfering duties, il
has made every member of congress in.
eligible 10 Office which he contributed TO
create, and every officer OF the union in
capable oil holding seat in congress-
Yet in the midst of ali this anxious provi-
dence OF legislative virtue, it has not au.
thorised the constituent body 10 recall 10
any case its representative. II has DOT
subjected him to removal by impeach-
mcnt-and when the darling of the peo-
pies choice has become their deadliest
foe, can it enter the Imagination of Iea-
sonable man, that The sanctuary of their
legislature must remain polluted with his
presence, until court Of common ia9v
7vith lis Face Of snail can ascertain 7Vheth-
er his crime be committed on The right or
on The feft bank Of a Tiver-whe,ber a
puncture OF difference can be found be-
tween;h words ofthe charge &the words
ofthe proof-wheiher the witnesses Of his
guilt should or should not be heard BY
his jury--and whether he was punishable
because present at an overt act, or in
tangible 10 public Justice, because he on
~ contrived and prepared it. Is 1t con.
ceivable that traitor ~ that country,
which has loaded him with fasoEs, guilty
10 the common understanding of all man
kind, should be suffered 10 return un.
questioned 10 that post Of honor and con-
Hdence, where in the zenith of his good
fame, he had been placed by the esteem
OF his countrymep, and in defiance of
their wishes, IN mockery Of their fears,
surrounded by public indignation, but in.
admissible to its bolt, pursue the purpo.
ses OF treason in the heart of the national
councils Must the assembled ru ers Of
the land listen with caImness ard indifTe-
renee, session after session, to the voice
OF notorious infamy, until the sluggard
step of municipal Justice can overIake
his enormities Must they tamely see
the lives and fortunes of millions, the
safety Of present and future ages, depend
ing upon his vote, recorded with theirs,
merely because The abused benigniry Of
general marims, may have remitted To
him the forfeiture Of his life
Such in very supposable cases would
be The unavoidable consequences of
principle which should offer the crutch.
es OF judicial tribunals as an apology for
crippiing The congressional power Of eX
pulsIon. Far different in the opinion oil
your committee is The spirit OF our con-
stituiiop. They believe that the yer,
purpose FOR which this power was given,
was to preserve The legislature from the
first approaches of infection. That il
was made discretionary because it could
not exist under the procrastination of &c.
neral rules-That this process must be
summary because It would be rendered
nugatory by delay.
Passing from the constitutional view of
the subject, to that which is afforded by
the authority OF precedent, your commii
tee find that since the establishments OF
our present national legislature there
has been but one example of expulsion
from the senaie-in that case, the mem
Der implicated was called upon in TIE
hrst instance, 10 answer whether he was
the author Of letter, the cohy Of which
only was produced, and the writing oil
which only was the cause Of his expuI.
SION. He was afterwards requested Ia
declare whether he was the author of the
leuer itself, and declining in both case.