the discretion of a judge ought to be viewed, he would quote the words of Lord Camden.

[Here Mr. B. quoted the strong language of Lord C. on this point.]

Mr. BAYARD here recapitulated, and expanded several of the arguments previously insisted upon by him.

But, said Mr. B., I am told by the gentleman from Virginia that I have departed from my own rule in what I have admitted with regard to the conspiracy of Burr. I stated that I had no doubt of the conspiracy of Burr; and the gentleman asks on what ground I have embraced this conviction? I believe it on the same ground that I believe there is such a place as Kentucky, or Paris, without any deposition to that effect. But, I will go further. In the whole course of the defence of Mr. SMITH, this conspiracy is admitted. Why, therefore, should we, in this case, dispute its existence? In all controversies, whatever is not denied is con sidered admitted. The only real question, therefore, is, whether JOHN SMITH participated in this conspiracy? If the conspiracy is denied, I say it ought to be proved. I will put a case. Suppose a gentleman charged with participating in a conspiracy set on foot by Gen. Wilkinson? I mean not to insinuate that he has ever been concerned in one, but I have a right to put the case; not meaning to injure that gentleman by intimating the smallest belief in it, but merely putting the case, as such a charge has been made in the other House; suppose the individual charged, and brought on his trial, and he should aver that he did not participate in such a conspiracy, and declare that no such conspiracy existed? Am I to be told that, because this individual is charged with participating in it. it is to be taken for granted that it did exist? Suppose him charged with participating with a man I never heard of, may I not call for proofs of the conspiracy of that man? And have I not a right to call for facts and demand witnesses? I do not, however, presume that the general conspiracy of Aaron Burr will be denied; for the acquittals at Richmond do not negative the charge of a conspiracy, as stated by the gentleman from Virginia.

The gentleman from Massachusetts has been called upon for an explanation, but he has not condescended to make an explanation. May I be permitted to repeat the request? Does the genileman mean to insinuate that any member on the floor, from other than public considerations, would defend an accused man, or on grounds which he considered wrong? If the gentleman persists in refusing an explanation, I have a right to say, in this case, we want no attorney general; and, if there is none, that still a prosecutor would not be wanting.

The VICE PRESIDENT called the attention of the Senate to the real question under consideration, and intimated his expectation that gentlemen would confine themselves to it.

Mr. POPE presumed that, after this admonition from the Chair, it would be out of order to reply to the remarks of Mr. BAYARD, which he should otherwise have noticed.

SENATE.

The question was then taken on the resolution offered by Mr. HILLHOUSE, and amended at the instance of Mr. ADAMS, (in which amendment Mr. H. acquiesced,) and carried by a unanimous vote, as follows:

Messrs. Adams, Anderson, Bayard, Bradley, Condit, Crawford, Gaillard, Giles, Gilman, Goodrich, Gregg, Hillhouse, Howland, Kitchel, Maclay, Mathewson, Milledge, Mitchill, Moore, Parker, Pickering, Pope, Reed, Robinson, Smith of Maryland, Smith of New York, Smith of Tennessee, Sumter, Thruston, Tiffin, Turner and White.

FRIDAY, January 8.

The bill entitled "An act to revive and continue

in force for a further time the first section of the act, entitled, 'An act further to protect the commerce and seamen of the United States against the Barbary Powers," was read the second time, and referred to Messrs. SMITH of Maryland, BRADLEY, and ADAMS, to consider and report thereon. The following Message was received from the PRESIDENT OF THE UNITED STATES. To the Senate and House of

Representatives of the United States. I communicate, for the information of Congress, the report of the Director of the Mint, of the operation of that establishment during the last year. TH. JEFFERSON.

JANUARY 8, 1808.

The Message and report referred to were read; and ordered to lie for consideration.

Another Message was received from the PRESIDENT OF THE UNITED STATES, as follows: To the Senate and House of

Representatives of the United States:

I now render to Congress the account of the fund established for defraying the contingent expenses of Government for the year 1807. Of the sum of $18,012 50, which remained unexpended at the close of the year 1806, $8,731 11 have been placed in the hands of the Attorney General of the United States, to enable him to defray sundry expenses incident to the prosecution of Aaron Burr and his accomplices, for treasons and misdemeanors alleged to have been committed by them. And the unexpended balance, of $9,275 39, is now carried, according to law, to the credit of the surTH. JEFFERSON. plus fund.

JANUARY 8, 1808.

read, and it was agreed, by unanimous consent, to dispense with the rule, and that this bill be now read the second time.

Ordered, That it be referred to Messrs. ANDERSON, GREGG, and ADAMS, to consider and report thereon.

The bill, entitled "An act supplementary to the act, entitled 'An act laying an embargo on all ships and vessels in the ports and harbors of the United States," was read the third time as amended; and the blank having been filled, the bill was passed with amendments.

SATURDAY, January 9.

JANUARY, 1808.

an act, entitled "An act for the relief of Oliver Evans;" also, a bill, entitled "An act to provide for the payment of certain expenses incurred in the impeachment of Samuel Chase;" in which bills they request the concurrence of the Senate. The two bills last brought up for concurrence were read, and ordered to the second reading.

On the request of Mr. SMITH, of Ohio. for a copy of the minutes of the committee appointed on the 27th of November last, to inquire into his conduct; and, also, a copy of all the correspondence between them and himself:

The following motion was made by Mr. CRAW

FORD:

MONDAY, January 11.

Mr. ADAMS Submitted the following motion for consideration:

"Resolved, That a committee be appointed, with leave to report by bill or otherwise, and instructed to inquire at what period the present embargo can, consistently with the public interest, be removed; and whether, in what manner, and to what extent, upon its removal, the merchant vessels of the United States shall be permitted, in defence of their lawful commerce, to be armed against, and to resist, foreign aggression." Mr. ANDERSON, from the committee to whom was referred the bill, entitled "An act to continue in force, for a limited time, an act, entitled 'An act continuing, for a limited time, the salaries of the officers of Government therein mentioned," reported the bill with amendments; which were read for consideration.

The Senate resumed, as in Committee of the Whole, the consideration of the amendments reported to the bill, entitled "An act supplementary to an act, entitled "An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee;" and the PRESIDENT reported the bill

amended.

Ordered, That it pass to the third reading as amended.

Mr. SMITH, of Maryland, from the committee to whom was referred the bill, entitled "An act to revive and continue in force, for a further time, the first section of an act, entitled' An act further to protect the commerce and seamen of the United States against the Barbary Powers," reported the bill without amendment.

On motion, it was agreed to amend the bill, by expunging the words "and no longer," after the words "January next."

Ordered, That the bill pass to the third reading as amended.

TUESDAY, January 12.

A message from the House of Representatives informed the Senate that the House have passed

Smith.

And on the question to agree to this motion, it was determined in the affirmative-yeas 17, nays 9 as follows:

YEAS-Messrs. Bayard, Crawford, Goodrich, Gregg, Hillhouse, Howland, Mathewson, Milledge, Mitchill, Pickering, Pope, Reed, Smith of New York, Sumter, Thruston, Turner, and White.

NAYS-Messrs. Anderson, Bradley, Condit, Giles, Gilman, Kitchel, Moore, Parker, and Smith of Ten

nessee.

WEDNESDAY, January 13.

Mr. FRANKLIN, from the State of North Carolina, attended.

The bill, entitled "An act for the relief of Ol

iver Evans," was read the second time, and referred to Messrs. GREGG, GILES, and MITCHILL, to consider and report thereon.

The bill, entitled "An act to provide for the payment of certain expenses incurred in the impeachment of Samuel Chase," was read the second time, and referred to Messrs. MITCHILL, WHITE, and BRADLEY, to consider and report thereon.

structions of the Legislature of the State of Ohio, Mr. TIFFIN stated, that, agreeably to the inhe submitted a resolution for consideration; which was read, and is as follows:

Resolved, That a committee be appointed to inquire into the expediency of authorizing a loan, for seven years, of seven thousand stand of arms, and twenty of Ohio; for the purpose of assisting to arm the mipieces of artillery, with carriages complete, to the State litia of the said State, under such restrictions as the President may prescribe, as to their safe-keeping and re-delivery; and that they have leave to report by bill or otherwise.

The PRESIDENT communicated the report from the Secretary of the Treasury, in obedience to the resolution of the Senate of the 3d of March last; which was read for consideration.

The bill, entitled "An act to revive and continue in force, for a further time, the first section of the act, entitled 'An act further to protect the commerce and seamen of the United States against the Barbary Powers," was read the third time as amended.

JANUARY, 1808.

Resolved, That this bill pass with amendments. The bill, entitled "An act supplementary to an act, entitled 'An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee," was read the third time as amended.

Resolved, That this bill pass with amendments. The Senate resumed, as in Committee of the Whole, the consideration of the amendments reported to the bill, entitled "An act to continue in force for a limited time an act, entitled 'An act continuing, for a limited time, the salaries of the officers of Government therein mentioned;" and the President reported the bill amended.

Ordered, That it pass to the third reading as amended.

CASE OF JOHN SMITH. Agreeably to the order of the day, the Senate resumed the consideration of the report of the committee appointed the 27th of November last, to inquire into the conduct of JOHN SMITH, a Senator from the State of Ohio.

The PRESIDENT stated to Mr. SMITH, that he had now an opportunity to show cause why the report of the committee should not be adopted;

and he was desired to name his counsel.

He accordingly informed the Senate that he had engaged Luther Martin and Francis S. Key, Esquires, as counsel; and on the motion of Mr. Bradley, Shall Mr. Key be admitted as counsel for Mr. Smith? it was determined in the affirmative; and on motion, Shall Mr. Martin be admitted as counsel for Mr. Smith? it was determined in the negative.

On request, by Mr. BAYARD, that Mr. SMITH inform the Senate whether, under present circumstances, he is ready to proceed-Mr. SMITH, by his counsel, offered his affidavit, together with the following application:

"John Smith, of Ohio, offers his affidavit to the honorable Senate, and requests a reasonable time to procure the testimony therein stated, and the proper means to enable him to produce it."

The affidavit was read as follows: JOHN SMITH, of Ohio, makes oath on the Holy Evangelists of Almighty God that he can prove, by legal and competent testimony, the truth of the following facts, and that he can produce such proof before the honorable Senate of the United States, if allowed a reasonable time, and the usual means for that purpose.

He can prove that the testimony delivered against him before the grand jury at Richmond, is utterly destitute of credit-of one of those witnesses, Elias Glover, he can prove, that the general character is such as to render him unworthy of belief, that he has been guilty of acts of the greatest baseness, has been published as a liar, and is generally considered in the country where he resides and is known as a person destitute of truth; this he can prove by the testimony of the most respectable persons in Cincinnati, by Dr. Stall, John Sellman, Stephen McFarland, Judge Dunlavy and many others. Of the other witness, Peter Taylor, the obscurity of his situation, as servant of Blannerhasset, his being a foreigner, and scarcely known in the country, may have prevented a sufficient developement of character, to ascertain, from that source, whether he is worthy of belief or not-but of his statement, as also of Glover's,

SENATE.

He also expects to prove that the conversation related by Colonel Taylor, was not correctly understood or accurately remembered by him. He believes that General Findley, (who is stated by Colonel Taylor to have been present,) will remember that they were the sentiments and arguments of a writer in a public paper which he was detailing, and that he expressed no wishes or ideas of his own on the subject. And that he will be enabled by this witness to disprove the fact of his entertaining erroneous opinions, if the Senate shall think such a charge requires to be disproved. He further expects to prove that the orders drawn on him, by Aaron Burr, were not drawn in consequence of any participation in any of his projects; he can produce the strongest circumstantial evidence to account transaction; he can show that neither in this nor in for and explain in the most satisfactory manner this any other communication with Aaron Burr, did he act secretly or attempt any concealment; that he often mentioned the circumstance of Burr's having left this money with him-of his having written to him, and showed a copy of his letter, (which he took for the purpose,) and the answer thereto, and conversed freely and openly upon these subjects, shortly after they occurred, and long before they became circumstances of suspicion against him. This he can prove by Major Biggs, General Carbery, Jacob Burnett, General Findley, and several other characters of unquestioned respectability. He can also prove that his seeing Colonel Burr at Frankfort was merely accidental-that he was carried there by business, and had, during the short period of his stay there, no opportunity of confidential intercourse, had any cause or inclination for it existed. He can prove this by Mr. Hart, the president Jordon, Dr. Chambers, James Chambers, and others. of the bank of Lexington, Alexander Parker, John

He can also prove the nature and existence of the engagements which compelled him to leave home on the last of May, and occasioned his absence at the time the bills of indictment were found against him. That he had business requiring his presence in New Orleans; that he went thence to an estate which he holds in West Florida, and where he was then actually completing a settlement and laying out a town; and while in West Florida, received the newspaper announcing the finding of the bills of indictment against him. That he immediately prepared to surrender himself for trial, and that he did so, taking only those measures to prevent Governor Claiborne's executing his threat of sending him in irons to Richmond, which a desire of avoiding unmerited pain and mortification required and justified. These facts he can prove by A. D. Abrahams, Harris Hoe, John Murdoch, Ira C. Kneeland, David Bradford, Governor Williams, Benjamin Simmons, and many others.

He confidently expects that he can thus disprove and expose the testimony exhibited against him, and that he can thus explain satisfactorily these and all other circumstances which may have excited suspicions against him.

SENATE.

He also hopes and believes that he will be enabled to show the origin and progress of a scheme, from which all the accusations against him have proceeded. He expects to disclose a confederacy between the witness, Elias Glover, with others of his enemies, particularly with Matthew Nimmo, a man (if possible) more infamous than himself, and the base means which their malevolence suggested to injure him; that the identical deposition of Glover now produced against him, was the effect of this combination; that it was procured at the instigation of Nimmo, and forwarded by him, in a letter of accusation against him to the President of the United States, some time in February last, and that this Glover, in consequence of this his voluntary deposition, was (as he no doubt expected to be) subpoenaed to attend at Richmond, and indulged with an opportunity of gratifying his malice, and completing the purpose for which his calumny was intended.

He further states that it has been wholly and evidently out of his power to procure the testimony herein stated, so as to produce it at this moment. That he did not know till very recently what would be exhibited against him, and of course would be material and necessary for him to prove. That he expects and believes he can establish the truth of everything herein stated, if indulged with reasonable time and the means

of enforcing the attendance of his witnesses.

On this 13th of January, 1808, the within named John Smith, made oath, that the facts herein stated are true, as stated, to the best of his knowledge and belief. Sworn to before me.

ALLEN B. DUCKETT.

JANUARY, 1808.

CASE OF JOHN SMITH. resumed the consideration of the application of Agreeably to the order of the day, the Senate JOHN SMITH a Senator from the State of Ohio, filed yesterday, as follows: "JOHN SMITH, of Ohio, 'offers his affidavit to the honorable Senate, and requests a reasonable time to procure the testimony therein stated, and the proper means to 'enable him to produce it."

Mr. ADAMS expressed his readiness to vote for any reasonable proposition which should designate the time and means, but declared himself unfriendly to such a general proposition as that before the Senate.

Mr. GILES expressed a coincidence of sentiment with Mr. ADAMS, and suggested the kind of resolution which he considered it proper for the Senate to adopt. While he was thus expressing himself, Mr. THRUSTON drew up a resolution, which Mr. GILES offered, and which, substantially, postponed the further consideration of the report to the day of to allow Mr. SMITH time to

adduce testimony.

Mr. GILES, but thought the object aimed at would Mr. BAYARD expressed similar ideas to those of be better effected by adopting a resolution of a different form. He said he had prepared two resolutions, one for allowing time, and the other prescribing the mode of obtaining testimony. He then read the first, substantially as follows:

"Resolved, That John Smith, of Ohio, having made affidavit to the materiality of witnesses now absent, by

counsel, was again read.

On motion, by Mr. GILES,

Ordered, That the affidavit and application, together with the subsequent report of the committee appointed 27th of November last, to inquire into the conduct of JOHN SMITH, a Senator from the State of Ohio, be printed for the use of

the Senate.

charges alleged against him, be allowed time until the day of next, to obtain any witnesses and to procure any evidence he may deem material to his defence."

Mr. ADAMS said he did not perceive any objection to this proposition. [In a subsequent period

of the debate he declared that on a further consid

eration of it, he thought there were serious objections to it.]

THURSDAY, January 14.

Mr. ADAMS moved that sundry amendments and notes of reference be entered upon the minutes of the proceedings of the committee appointed on the 27th of November last, to inquire into the conduct of JOHN SMITH, a Senator from the State of Ohio, as an alleged accomplice of Aaron Burr; which were read, and ordered to be entered accordingly.

Mr. GREGG reported, from the committee, that the amendments to the bill, entitled "An act to continue in force, for a limited time an act, entitled 'An act continuing, for a limited time, the salaries of the officers of Government therein mentioned," were correctly engrossed; the bill was then read the third time as amended, and passed.

Mr. GREGG. from the committee to whom was referred the bill, entitled "An act for the relief of Oliver Evans," reported it without amendment.

drew the latter.

A long discussion then ensued, in which Messrs. BAYARD and HILLHOUSE Supported; and Messrs. ANDERSON, MOORE, S. SMITH, GREGG, and CRAWFORD, opposed the foregoing resolution.

During the course of this discussion, it was moved to commit the resolution to a select committee. In the propriety of this course there was a general acquiescence. Mr. CRAWFORD read a resolution, conformable to his ideas of propriety, which, in substance, involved a postponement till the day of - next, at which time the Senate would hear such witnesses as should appear for or against John Smith, whose testimony had a tendency to support or destroy the testimony of Elias Glover, Peter Taylor, and Colonel James Taylor.

The motion for commitment prevailed, and all the resolutions offered, together with the affidavit of Mr. Smith, were referred to a select committee, consisting of Messrs. ANDERSON, GILES, ADAMS, CRAWFORD, and BAYARD.

JANUARY, 1808.

In this discussion all the speakers agreed in the propriety of allowing some time, the only question being as to the proper time. Mr. GREGG expressed himself in favor of allowing till the first of February, while Mr. BAYARD said he was not for allowing such a length of time as would preclude a definitive decision during the present ses

sion.

Strong objections were urged against precipitating a decision of such vast importance to the sitting member, and the injustice of deciding without allowing him a full hearing, was painted in vivid colors. In answer to this, the charge of the existence of a spirit of precipitation was denied, and it was said that Mr. S. ought, as soon as he heard of the bills found at Richmond, to have prepared himself for his defence; that he ought particularly to have taken these steps, as soon as the report was made on his expulsion; and that it was to be presumed that he had made every preparation he could. To this it was replied that the depositions he had brought with him could not from their nature have been intended as evidence on his trial, but merely intended to show the grounds of his defence, and to arrest the force of public opinion, that might otherwise have operated materially to his prejudice.

In animadverting on the time proper to be allowed, Mr. ANDERSON went into an examination of various parts of the testimony, to show that the acknowledgments of Mr. Smith tended forcibly to establish the truth of several of the charges, and particularly to confirm the testimony of E. Glover; and that there were several points of the testimony before the Senate which no further testimony could invalidate, and which consequently it was not incumbent on the Senate to allow Mr. S. the means of obtaining.

This suggestion was warmly repelled by Messrs. HILLHOUSE and BAYARD as incorrect, and they called upon the Senate to forbear from forming a definitive opinion until they had heard both sides of the question.

It was contended by some of the speakers that the resolution to be adopted by the Senate, ought to specify the points of defence, and to limit the witnesses summoned to such persons as could testify on them, and that the inconveniences against obtaining testimony by depositions was so great as to render that course altogether ineligible.

SENATE.

States; and the bill was read and ordered to the second reading.

SATURDAY, January 16.

Mr. ADAMS presented the memorial of Joseph Chase and Jared Gardner, of the island of Nantucket, agents to, and on behalf of, the owners of the ship Manilla and cargo, stating that the said ship is now lying in the harbor of Port au Prince, in the West Indies, loaded, and waiting the orders of her owners to return to some port in the United States; and praying that she, together with her cargo, may be exempted from the penalties of the laws on her return, for reasons stated at large in the memorial; which was read and referred to Messrs. ADAMS, GILMAN, and SMITH, of Maryland, to consider and report thereon.

The PRESIDENT communicated a report from the Secretary of the Treasury, with a statement, prepared in obedience to the provisions of the act, entitled "An act to regulate and fix the compensations of clerks, and to authorize the laying out certain public roads, and for other purposes ;" and the report was read, and ordered to lie for consideration.

The bill to extinguish the claims of the United States to certain balances, reported to be due from several of the States to the United States, by the Commissioners appointed to settle the accounts of the individual States with the United States, was read the second time.

The Senate resumed, as in Committee of the Whole, the second reading of the bill, entitled "An act for the relief of Oliver Evans ;" and the President reported the bill without amendment. The bill was then, by unanimous consent, read the third time, and passed.

The bill, entitled "An act to provide for the payment of certain expenses incurred in the impeachment of Samuel Chase," was read the third time, and passed.

On motion, by Mr. GILES,

Resolved, That so much of the Message of the President of the United States, communicated to Congress on the 27th day of October last, as relates to the defects in the penal laws of the United States, be referred to a committee, to examine and report, and that the committee have leave to report by bill or otherwise.

Ordered, That Messrs. GILES, ADAMS, BAYARD, ANDERSON, and CRAWFORD, be the committee.

Mr. ANDERSON from the committee to whom were referred several resolutions, which were offered to the consideration of the Senate, in the case of JOHN SMITH, Senator from the State of Ohio, reported the following resolution, which was read for consideration:

defence, and that the Senate will then proceed to the final consideration of the report of the committee, appointed on the twenty-seventh day of November last, to inquire into his conduct as an alleged associate of