Eaton was also deceived, so completely deceived, | so ridiculous, and the disguise so thin, that Mr. as to engage himself in the enterprise. Here Smith must have seen through it, and known is also evidence of the estimation in which Aaron Burr was held at Washington, the seat of the general government, where Congress were assembled, and Mr. Smith was attending as a member of the Senate, the forepart of the year 1806, the very year when Mr. Smith is to be suspected of a crime for extending the rights of hospitality to Colonel Burr: nor does General Eaton suspect the views and projects of Colonel Burr to be unlawful or improper, until he began to use strong expressions of reproach against the administration. General Eaton was also a man dissatisfied with the administration.

that Aaron Burr's projects were unlawful; and from that circumstance draws presumption of guilt. Is it surprising that Mr. Smith in his situation, and with the information he possessed, should believe this story, when a gentleman of Commodore Truxton's discernment, and after having had a much more full development of Colonel Burr's views and projects, believed it, and which in his deposition he affirms to be the fact? In answer to the following question put by Colonel Burr, "Had you reason to doubt my intention to settle lands?" Commodore Truxton answered, "If there was no war, I took it for granted that was your intention." Nor is it so astonishing as the gentleman seems to think it, that Smith should consent to let his two sons go with Colonel Burr. It is the wish of every

what is more profitable, or promises a more advantageous and certain establishment than the settlement of new lands? People are generally induced very readily to believe what they wish, and is it at all surprising that Mr. Smith should be easily induced to think well of a project which was proposed to benefit his own sons? Surely his participation in Aaron Burr's treason cannot be presumed from such circumstances.

It is asked how it was possible for Colonel Burr to have been so long with Mr. Smith, and not have disclosed to him his plans, as he had done to others. The reason is obvious; Com-parent to see his children well established; and modore Truxton was dissatisfied with the government, and full of resentment; he was therefore the man most likely for Aaron Burr to apply to, expecting, no doubt, to engage him in his projects; to him he would be likely to communicate his sentiments and feelings with freedom. Far otherwise was the case of Mr. Smith. He was enjoying the sunshine of the government; he was going on in the full tide of prosperity; his fellow-citizens had bestowed on him the highest honors in their gift. He was a Senator of the United States. The administration had extended to him their patronage and favor, by giving him contracts for supplying the army and building gunboats-lucrative employments. Aaron Burr could not expect this man to engage in any treasonable plot against the government, until he should have made him willing to sacrifice all his honors and all his prospects; and to make the communication without engaging him was to defeat all his prospects; knowing that Mr. Smith could have no possible wish for a change, he would be the last to whom he would dare to make a disclosure of his projects. There were reasons, and strong reasons, why he should wish to preserve the confidence of Mr. Smith, which made it important to him to be on good terms with him, so long as he was attempting to blind the eyes of the people, and make them believe he was acting in concert with the government; to do which there could not have been a more ready expedient than to take up his lodgings at the house of the contractor for the army of the United States, and to appear to possess his confidence. All his art, all his address, therefore, would be made use of to deceive Mr. Smith, and make him believe his views and projects were fair and honorable. This will fully explain the appearance of confidence which seems to have existed between Mr. Smith and Colonel Burr, as well as their correspondence, previous to the President's proclamation.

The gentleman from Massachusetts thinks the story about the settlement of the Washita lands

The conduct of Mr. Smith, from the first moment that official information was given to the people of the United States, that Aaron Burr's projects were treasonable or unlawful, was such as, instead of exciting suspicion of his being an accomplice, merits the applause of his country. Not like a timid traitor, affrighted at the rustling of a leaf, did he endeavor to conceal the intercourse and correspondence between him and Aaron Burr; or like a bold traitor attempt to defeat the measures adopted to counteract the project and arrest of the culprits; or to paralyze exertion by casting ridicule upon them, as did that prime patriot Glover, the accuser of Mr. Smith. No, sir; the day after the President's proclamation arrived, he writes a letter to the secretary of war informing him of the substance of Aaron Burr's communication to him. He finds that the militia called into service on this occasion were destitute of arms, and unable to obtain them from the public stores of the United States, though application had been made for that purpose by the commanding officer; and that without arms they could render no service. He goes in the night to the keeper of the arms and endeavors to persuade him to deliver them out, who still refused, though shown the President's proclamation, without an order from the secretary of war; fearing he might lose his office for acting without orders. Under these circumstances, this same John Smith, charged with being an associate of Aaron Burr in this very treason, pledged his own private obligations for ten thousand dollars to indemnify the officer for delivering out the arms. This was

done, not after Aaron Burr was arrested, or there was a prospect of the project's being defeated, but immediately, on the first alarm excited by the President's proclamation, and the spirited and patriotic exertions of the State of Ohio.

The gunboats which Mr. Smith was building, and which his accusers have intimated were intended for Colonel Burr, were afterwards carried down the river to New Orleans, and delivered to the order of General Wilkinson; and all the provisions purchased by Mr. Smith appear to have been fairly and promptly delivered to our army; not a man-not a musket —not a barrel of flour-not a single article of provision of any kind-or any thing that could aid or comfort Colonel Burr in his expedition, has ever been furnished to him or any of his agents. How, then, has Mr. Smith participated in the treason of Aaron Burr? I find no evidence of that fact. I can discern no reasonable ground to suspect any such participation.

tion, though it did appear to me to be a detail
of the opinions set forth in that publication.
As it is now impressed on my mind, I believe,
to more fully satisfy myself, I asked a question.
Nor can I perfectly remember whether I in-
tended the question particularly for Mr. Smith,
or both of the gentlemen, but believe it was
intended for Mr. Smith. Do you expect or ap-
prehend an early separation of the Union?
To which Mr. Smith replied, 'Not in my life-
time; and I hope and pray to God I may never
live to see it, whether it takes place sooner or
later.'"

Trifles light as air,
Are, to the jealous, confirmations strong
As proofs of holy writ."

Here can be no mistake; so far from engaging in a treasonable plot to sever the Union, he deprecated such an event in the most solemn manner. Where, then, is the evidence whereon we can ground so important a vote as that which shall adopt the resolution on your table? A vote which is to disrobe a Senator of his office and honor? Nothing but jealousy, that jealousy which frequently attaches itself to a The testimony of Colonel Taylor, whom I charge of treason and conspiracy, and must deem a man of honor and truth, furnished one in this case have taken place in the mind of other ground from which a presumption is at- the gentleman from Massachusetts, could have tempted to be drawn to implicate Mr. Smith. induced a belief that there was evidence to He says, that in conversing with Mr. Smith prove on Mr. Smith a participation in the conabout certain political publications in a news-spiracy of Aaron Burr. That master of the paper, signed the Querist, in which a division human heart, Shakspeare, saysof the Union and a separation of the western from the Atlantic States was advocated, he understood Mr. Smith to advance these sentiments as his own. Mr. Smith says he only described them as the sentiments of the writer. Suppose Colonel Taylor's recollection to be correct, what crime was there in advancing mere speculative opinions, or expressing his sentiments on that or any other subject, provided he violated no law? Are we not in a free country, in which it is lawful to speculate on the science of government as well as any other? If that privilege be denied, ours will no longer deserve the name of a free country. But is it not possible that Colonel Taylor may be mistaken? How often do we find conversations that take place among friends to be misunderstood and incorrectly stated? Every day's experience shows us that even in public debate in this Senate, the observations of gentlemen are so misstated as to require explanation. But Dr. Sellman's deposition removes all doubt; he says, and he is admitted to be a man of good character, that he understood Mr. Smith only to have repeated, not his own sentiments, but those of the Querist. Dr. Sellman

testifies:

"The first persons I approached were Mr. John Smith and Colonel James Taylor. After attending some time to the conversation, I noticed a reference was occasionally made to a publication or publications that had appeared in the Marietta paper. For some time I was at a loss to determine whether those gentlemen were expressing their own opinions or those contained in that publication, for I was not present at the commencement of that conversa

The truth of this is remarkably verified in the case before us. Is there not some reason to apprehend that there has been too great a disposition to convert suspicion into proof? Ought we not to be on our guard when it is proved that there has been a powerful combination of men, calling themselves a republican society, to ruin Mr. Smith, the individuals of which, when called before a magistrate to testify, declare that they are bound to secrecy by a solemn obligation to the society, which is paramount to their oaths, when sworn as witnesses, and which will not admit of their disclosing any facts, or their proceedings, any farther than they are permitted to be made public by the society? And in sundry of the depositions on your table they have accordingly refused to answer questions, and in some instances, to testify at all. Such a society disgraces the name of republican, by acting on principles tyrannical and oppressive.

I have detained the Senate longer than I intended; but to Mr. Smith the cause is all-important, and we ought to pause before we condemn a fellow Senator upon the ground of mere suspicion-direct proof there is not; we ought not hastily to agree to a resolution which shall fix perpetual infamy on a fellow man, an amiable family, and his unoffending posterity; for the infamy which will be attached by a vote of expulsion, will not be forgotten so long as this Senate and the nation shall endure.