The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1823-09-19
Darirtn.
By request
SENATE OF THE u. STATES.


poiuicu 10 inquire whether X be COM
patible with the honor and privileges
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 August last, for treason and
tnisdemeaDor, shall be permitted any
longer to have seat therein, and TO
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:
Concluded.
The provision in our constitution
which forbids the expulsion of a member,
BY an ordinary majority, and requires for
this act rigorous and painful duty, the
assent OF two thirds your commiitee con,
slider, as wise and sufficient guard a.
gaiDst the possible abuse oil this legisla
tive discretion. In times of heat aid vio-
len, party spirit, the rights OF the minori,
~ might not always be duly respected if
bare majority could expel their mem
bers, under no other control than that of
their own discretion. The operation of
this rule is Of great efficacy both over the
proceedings of the whole body, and over
the conduct Of every individual member.
The times when the most violent strug-
giles OF contendiDg parties occur, when
the conflict of opposite passions is most
prone to excess, are precisely the times
when The numbers are most equally di-
vided. When the majority amounts to
two thirds,ihe security in its own strength
IS OF itsel! guard against cxtraor binary
stretches of2ower. When the minority
dwindles to the proportion of one third,
lis consciousness OF weakness dissuades
from any attempts, 10 encroach upon the
rights of the majority which might pro.
woke retaliation. But if expulsion were
admissible only as sequel TO the issue
OF legal prosecution, or upon the same
principles and forms Of testimony, which
are established in the criminal courts,
your committee can see no possible rea
son why it should be rendered still more
imbecile by the requisi,ion of two thirds
TO give it effect.
1t IS now the duty Of your committee
to apply the principles which they have
here endeavored 10 settle and elucidate,
10 the particular case upon which the Sc
nate have directed them TO report. The
bills oil indictment found against Mr.
Smith, at the late session of tho circui
court OF the u. States at Richmond Geo,
pies o! which are herewith submittcL)
are precisely similar to those found a.
gainst aaron Burr. From the volume
OF printed evidence communicated by the
president of the u. States 10 congress,
relating 10 the trial Of Aaron Burr, it ap>
pears that great part OF the testimony
which was essential TO the conviction up
on the indictment for treason was with
held from the jury, upon an opinion OF
The court that Aaron Burr, not having
been presen, at the overt act Of treason
aiIedged in The Indictment, TO testimony
relative TO his conduct or declaration
elsewhere, and subsequent 10 the trans.
actions on B!anncThasset's island could be
admitted-ond in consequence Of this
sIff1resSion Of Evidence the traUerSe jury
found verdict, 'sihatAaron Burr was not
proved TO be guilty under that indictment
by any evidence submitted to them" 1t
was also the opinion of the court that
none ofthe transactions OF which evidence
was given on the trials Of Aaron Burr
did amount 10 an overt act of ieDying
var and of course tha; they did not
mount to treason. These decisions
forming the basis Of the issue upon the
trials of Burr, anticipated the event which
must awaited the trials of the bills against
Mr.. Smith, who from the circumstances
OF his case, must have been entitled 20
the benefit Of their application: they
were the sole inducements upon which
the counsel for the U. States abandoned
the prosecution against him.
Your committee are not disposed Ho7o
to question the correctness ofthese deci.
| sions, on case OF treason before a court
OF criminal jurisdiction. But zviether
the transactions fr0Ued against .Aaron
! Burr did or did not amount in technical
language to an overt act of leyiDg war,
your committee have not scruple OF
doubt upon their minds, that but for the
vigilance and energies Of the govern
ment, and for faithful citizens under its
| directions, in arresting their progress,
and in crushing his designs, they would
in very shor lapse OF time have termi-
mated not only in war, but in war of the
most horrible description--in war al
once foreign and domestic. As little hes
iiatioD has your committee in saying,t that
If the daylight Of evidence, combining
one vast complicated intention, with over