JAN. 5, 1831.] Navigation and Commerce.--Trial of Judge Peck. a great deal of time would be consumed. On the other hand, the right to speak on the occasion was one which he considered a proper privilege; and he was, upon the whole, disposed to affirm it. At the suggestion of Mr. FORSYTH, the resolution was laid upon the table until to-morrow. NAVIGATION AND COMMERCE. The bill to abolish the charge of ten dollars for passports and four dollars for clearances granted to ships and vessels bound to foreign ports, and to repeal the duties on cinnamon and other spices, was taken up. [SENATE. to state the grounds of defence on which the respondent relied, with the evidence to support that defence. The transaction which had produced this impeachment could be told in a very few words. The respondent, as judge of the District Court of the United States in Missouri, had pronounced an opinion in a case of very great importance, and had been induced to publish that opinion in one of the would more fully be shown in evidence hereafter, that the newspapers of that country. It was already in proof, and opinion had been published not only at the request of the members of the bar, but of those persons generally who were interested in the case. One of the counsel conMr. SMITH, of Maryland, said that the first section of cerned in it had thought proper afterwards to publish, this bill had been reported by the Committee of Finance anonymously, under the signature of "A Citizen," not a in consequence of the representation in the report of the fair criticism upon it, but a bare enumeration of what he Secretary of the Treasury, that our navigating interest termed the errors of the Court, some of its principal was in a depressed condition. The charges for passports errors in fact and in doctrine, some of the assumptions of and clearances had been imposed in 1796, when we were the judge, without assigning any reasons to sustain the in want of revenue, and for one or two other reasons charge. This publication, to the mind of the respondent, which the honorable Senator stated. The revenue of the appeared to be a gross and palpable misrepresentation of Government was now abundant; and to take off these his opinion, calculated to bring his court into disrespect; charges, which amounted to a very small annual sum, and he proceeded to attach and punish its author for the would afford some little relief to the merchants. The second section of the bill was also predicated, in part, on after giving to the counsel of the author every opportucontempt. After a patient hearing of two or three days; the report of the Secretary, in which it had been stated that nothing was, in fact, derived from the duties on spices. From some cause or other, the drawback on these articles amounted to more than the duties. More, therefore, was lost to the Government than was gained from that source. Spices had become a necessary of life, and were freely used in every family, however poor; and as the duties on them yielded nothing to the treasury, he could perceive no reason why they should not be repeal ed, and why the bill should not pass. The bill was ordered to be engrossed for a third reading After the consideration of Executive business, the Senate adjourned. WEDNESDAY, JAN. 5. At twelve o'clock, the Senate resolved itself into a High nity to defend him, and to him every opportunity to purge himself of all intentional disrespect to the court; after the peremptory refusal of Mr. Lawless to answer the interrogatories propounded to him, and his reassertion of the truth of his publication, Judge Peck had sentenced him to twentyfour hours' imprisonment, and to a suspension from practice in his court for eighteen months. For this the respondent had been charged with a high misdemeanor, and with the wilful and malicious exercise of an arbitrary and oppressive judicial power. Mr. M. then proceeded to state the facts and evidence by which the respondent would be able to establish the positions, that a contempt had been committed by Mr. Lawless; that the court possessed a legal warrant to punish him for the contempt; and that, if not, the judge was influenced, in the case, by a sense of official obligation and duty, and not by the wilful, malicious, and arbitrary motive and intention imputed to him in the article of impeachment. He gave a history and character of the land claims, and the transactions out of which this impeachment had grown; the arduous and Mr. MEREDITH rose and opened the grounds of de- perilous difficulties which the respondent had to encoun fence. He said that the honorable manager, who had ter in the exercise of his jurisdiction over the alleged constated the case for the impeachment, had properly advert- cessions claimed under the Spanish authorities, and the ed to its great importance, both to the respondent and frauds, meditated and apprehended, against which he had the community. To the respondent personally, it was to guard. He described the case of Soulard, which had undoubtedly of very deep interest, in its character and its led to this impeachment, as a select and test cause, and consequences. He was charged with the exercise of an said that it required no prophetic spirit in the judge to arbitrary, oppressive, and usurped judicial power, from foresee the dissatisfaction which an adverse decision would malicious motives, to the great disparagement of public produce in all the claimants. It would extinguish their justice, and to the subversion of the liberties of the peo- hopes, as long as the decision remained unrepealed, or the ple of the United States. If this charge were sustained court unchecked. Accordingly, general dissatisfaction by this honorable court, the respondent would be doomed and dismay on the part of suitors did ensue. The Judge to meet not only the lasting reproaches of his fellow-citi-postponed the enrolment of his decree in the case, to enazens, but the grievous consequences of removal from of- ble Mr. Lawless and his associate counsel to put in their fice, and, at the discretion of the court, sentenced to a exceptions to it, or to furnish further argument upon it. perpetual ostracism from the confidence and honors of his This was declined by them. The judge published his country. Considerations of this kind entitled him to the opinion. The motives for its publication were summed most serious, calm, and dispassionate deliberation upon up in his answer to the charge in the article of impeachOther considerations called for cool and candid ment. He perceived that such publications were usual examination. The surest safeguard of the liberties of the both in England and America, and saw no impropriety in people was to be found in the firm and independent ad-the practice. On the contrary, the branch of law involved ministration of justice; and it became them to look to the in the case was new; its grounds had not been fully argued safety of that portal which the constitution had placed at the bar, and it was proper that they should be fully around the judicial authority of the country. If the doc-opened for the deliberate consideration of counsel; it was trine on which this impeachment had been supported right that their clients should see the reasoning of the were sustained, questions would arise out of the case of court on the subject, and, if satisfactory, that they should deep and lasting importance. His duty on the occasion be saved from any further expense. It was proper that was an exceedingly simple one; it was within prescribed they should see that the court bad not hastily and inconlimits, and to these he should confine himself. He had siderately assumed the principles upon which the opinion his case. SENATE.] Trial of Judge Peck. [JAN. 6 to 12, 1831. was founded, but that it had conscientiously, upon facts action only in colors of resentment; not by witnesses and arguments which it could not resist, come to its con- who were hostile, or who were present in court only at clusion in the case. Upon these reasons, the respondent intervals while the case was pending; but by calm, disinconfidently relied for the justification of the publication of terested, and intelligent witnesses, who were present his opinion. Eight days after, it was followed by the pub-during the whole or greater part of the time, that the lication of "A Citizen," in another newspaper. In this, manner of the judge was not more vehement than it usually the respondent saw a gross and palpable misrepresenta- had been when his mind was deeply exercised on any subtion, calculated to bring ridicule and contempt upon the ject; that it was as mild as any judge who had ever graced court, to provoke the resentment of the claimants towards the bench; that the language he used on the occasion was the judge, and to break down the court by the force of addressed to the publication, and not to its author; and public opinion. Was the respondent justified in these ap- that, in fact, he looked beyond Mr. Lawless, to other and prehensions? Notwithstanding the gloss put upon the sub-higher considerations, in awarding the attachment and ject by the comparison which the honorable manager punishment to which he had been sentenced. [Mr. MCDUFFIE] had instituted between the opinion of the judge and the publication of Mr. Lawless, the respondent relied upon a candid examination and comparison by this honorable court. [This is but "a bird's-eye view" of the speech of Mr. M.] ROBERT WASH, Esq. a Judge of the Supreme Court of Missouri, was then called, sworn, and examined as a witness in behalf of the respondent. At the conclusion of his testimony— The Court adjourned over till twelve, and the Senate till eleven o'clock, to-morrow. He would be able to show, by gentlemen familiar with the case, that he was by no means singular in attributing misrepresentation to the publication of "A Citizen." Men of intelligence, lawyers, acquainted with all the facts and doctrines of the case, looking with a single eye to see whether misrepresentation was to be found in the publication or not, would establish the fact. These same witnesses would show the effect of this misrepresentation. of Impeachment. THURSDAY, JANUARY 6. After the transaction of some minor business, at twelve o'clock, the Senate again resolved itself into a High Court If Mr. Lawless's publication could be considered an accu- JOHN K. WALKER, of St. Louis, and Mr. PETTIS, a rate representation of the conclusions to which the court member of the House of Representatives, were called, had come in that case, they were so preposterous, so ab- sworn, and examined as witnesses, in behalf of the resurd, that nothing but ignorance--an ignorance amounting spondent. Then adjourned. to idiocy-nothing but downright corruption, could have influenced the judge. The effect of the misrepresentation had been to destroy confidence in the court; the disappointment of the claimants was converted into hostility to the judge; and so great had been the distrust and dissatisfaction, that memorials were sent to Congress, the object of which was to deprive the court of its jurisdiction over the claims, and to transfer it to another tribunal. If, therefore, the respondent saw, or this honorable court should believe that he conscientiously thought he In FRIDAY, JANUARY 7. The Senate again resolved itself into a Court of Impeachment. J. B. C. LUCAS, W. C. CARR, and JESSE E. LINDELI, were called, sworn, and examined in behalf of the respondent. Judge WASH was re-examined in part. The court then adjourned to Monday. The Senate ordered two opinions of Judge PECK to be printed, and also adjourned to Monday. MONDAY, JANUARY 10. rate bills, the Senate again resolved itself into a High After disposing of petitions, resolutions, and some priCourt of Impeachment. Mr. MEREDITH apologized for the absence of Mr. WIRT, occasioned by indisposition, saw, an evil design in the author of the publication, what course would they say was left him to pursue? Painful as it was, there was but one course for him to take; and that was to guard the sacred trust committed to his charge, and to punish the contempt as he had punished it. this, Mr. M. contended, that the respondent had been justified by immemorial usage; by the inherent power of the courts; by a power which, although sometimes questioned, had remained untouched in every political strug- SAMUEL MERRY, in behalf of the respondent, were, with The deposition of EDWARD BATES, JOHN BENT, and gle that had taken place; untouched in every constitution the exception of certain parts expunged by agreement, that had been adopted in the country. It was justified by and agreeably to a decision of the court, received and read American precedents, by the best lawyers and purest patriots that ever adorned the bench. It would be shown, as evidence. Judge CARR was again called and re-exin due time, that the power had been exercised by all the amined; and two or three other witnesses gave their tesState courts; by the highest court in the Union; by the timony. The whole evidence was closed, with the Circuit and District Courts of the United States, in cases exception of some papers in the General Land Office. far more doubtful than this. The respondent was justified, in treating and punishing the publication as a contempt, not only by the statute and common law, but by the law The Senate again sat as a Court of Impeachment. universal, by precedent, by the decisions of all the courts The sitting was consumed in the production and examiin the country. But, if he were not so justified, had he nation of documentary evidence and oral testimony in the been governed by the malicious intention imputed to him case of Judge PECK. The honorable Mr. BENTON Was in this impeachment, what motive could he have had? He called to prove the correctness of certain extracts transhad not had any personal disagreement with Mr. Lawless. lated by him from a Spanish ordinance into English. No previous quarrel had occurred between them. No lonel LAWLESS, Mr. GEYER, and one or two other witlurking resentment existed. All their measures withnesses were re-examined. Finally, at about four o'clock, each other had been of a perfectly amicable nature. Was it was announced by the managers for the House and the a malicious motive to be found in the character of the re-counsel for the respondent, that the evidence was closed, spondent? It would be shown that he was mild, concilia- and that they would proceed with the argument to-morrow. tory, and equable in temper; respectful and patient in his deportment towards all--to the members of the bar, the subordinate officers of the court, and to suitors. Was such a motive to be inferred from the transaction itself? Adjourned. TUESDAY, JANUARY 11. WEDNESDAY, JANUARY 12. Co The Senate again resolved itself into a High Court of It would be proved, not by those who could see the trans-Impeachment. In consequence of the continued indisposition of Mr. WIRT, Mr. TAZEWELL moved an adjournment of the court till to-morrow, when his physicians thought he might be sufficiently restored to attend the trial. The court accordingly adjourned. The Senate then proceeded to the consideration of Executive business; and, after spending some time thereon, adjourned. THURSDAY, JANUARY 13. THE SENECA INDIANS. [SENATE. nent footing the one hundred and twelve thousand dollars which had been invested in three per cents. for these Indians. No gentleman could doubt that it was competent for the Government to appropriate that sum permanently for their use and benefit. The object of the second section was to appropriate an additional sum sufficient to make up the difference between six thousand dollars and the three per cent. interest for 1830. Mr. Morris had purchased lands from the Seneca tribe, and had agreed to pay one hundred thousand dollars for them. That sum was to be placed in the hands of the President, as their The Senate again resolved itself into a Court of Im-trustee, and to be used for the purchase of stock in the peachment. old Bank of the United States, which yielded six per The VICE PRESIDENT presented a letter from one cent. While the charter of that bank continued, there of the physicians of Mr. WIRT, expressive of the opinion was no difficulty on the subject. After it expired, the that he could not at present leave his room, without some money was vested in three per cent. stock, which did not danger of a relapse at a more important crisis in the pend-yield six per cent. For reasons satisfactory to them, the ing trial, and that by Monday he would be entirely re- Government paid the deficiency annually, out of the constored to health. tingent funds of the War Department, until this adminisOn motion of Mr. SMITH, of Maryland, the Court ad-tration came into power. They deemed the practice imjourned to meet again on Monday next, at twelve o'clock. proper; and the President had, therefore, presented the subject to the consideration of Congress. The simple question was, whether it would be right and better to make up the difference for one year, in preference to a misunderstanding with these Indians. He thought it would be better to make it up for 1830, and to make a similar appropriation for the present year, until the matter Mr. FORSYTH said he did not recollect the particulars could be fixed on a permanent footing, than that any disof this bill; but he was under the impression that the Go- content should be permitted to exist on the part of the vernment was under no obligation to pay the money pro- Indians. The investment in three per cent. stock had posed to be appropriated to these Indians. He called upon been made without the knowledge or consent of the some gentleman of the committee by whom the bill had Indians. They had no part in it. The Government had been reported, to say whether the obligation of the Go- done it of its own accord, no doubt from the best of movernment was not to invest one hundred thousand dollars tives, probably because the best investment that could be for the Seneca Indians; and whether that obligation had made at the time. He thought the bill ought to pass. not been performed? Mr. SMITH, of Maryland, said that the Indians had The Senate resumed its legislative character, and took up the bill to provide for the payment hereafter of an annuity of six thousand dollars to the Seneca tribe of Indians. Mr. DUDLEY replied, that, by the treaty with these always expected six per cent. If the one hundred and Indians, the United States were bound to invest in the twelve thousand dollars in three per cent. were sold at President, as trustee for them, in stock of the old Bank this time, they would, he believed, produce more than of the United States, the sum of one hundred thous- one hundred thousand. He could see no objection to the and dollars. The charter of that Bank had expired. bill. The money was then invested in six per cent. United Mr. FORSYTH said that his object had been answered States' stock. That stock having been reduced, three in bringing this subject before the Senate. It was admitted per cent. stock was purchased by Government for the that the United States had received no property from Senecas. The Government, nevertheless, thought it these Indians. The lands had been obtained by Mr. their duty to continue to pay them six per cent. and did Morris; and because the Government had been made trusuntil a year or two ago. Since that time, the War De-tees in the case, they must pay this six per cent. in perpartment conceived that there was no law to justify the petuity. The simple question was, whether the United payment of more than the three per cent. upon the States shall now bind themselves to a perpetual appropri amount of the investment. The Indians refused to receive ation of upwards of two thousand six hundred dollars per it. The object of this bill was to give an authority to pay annum, merely because they had assumed to become the the six per cent. These Indians were much in want of trustees for these Indians. Mr. F. concluded by asking the money. Some of the tribe were now here waiting the Secretary of the Senate to read that part of the treaty with these Indians, under which the obligation in question had been incurred. for it. Mr. FORSYTH believed the statement of the member from New York to be correct, and, if so, it appeared that Mr. SANFORD inquired what were we bound in good the obligation of the Government had been performed. faith to do to those Indians? We were now ourselves conWere we then bound to give these Indians six per cent. struing the treaty with them. What was the understandfor ever? Their hundred thousand dollars, with the profits ing of the Indians of this treaty? All the acts done under upon the sale of that sum, amounting to twelve thousand it had been our own acts. By these the Indians undermore, were secured to them. The Government might be stood that they were to receive six per cent. upon the bound to invest the money in the most profitable stock one hundred thousand dollars. This Government had for them, but not to secure them six per cent. He con- thought so. The compact had been heretofore so considered it best to leave the matter as it stood, or to make strued by us, and so understood by the Indians. All the a more profitable investment of the money, if that could changes in the investments for them had been our own be done. These Indians had been deceived; too much acts. They knew nothing of them. The present was a indulgence had heretofore been shown to them by the ad- new construction of the compact with them, with which ministrators of the War Department; and this had been a they had nothing to do. It had been done without their deception, leading them to suppose that they had a claim assent. He was in favor of the bill. to six per cent. per annum upon the original sum invested Mr. SMITH, in order to obtain some information on the for them. subject, moved to lay the bill on the table till to-morrow Mr. WHITE said the bill provided for two objects. morning. The object of the first section was to put upon a perma- It was accordingly so ordered. SENATE.] FRIDAY, JAN. 14. The Storm--Vessels in Distress. Mr. NOBLE submitted the following resolution: Resolved, That the Commissioner of the General Land Office be directed to communicate to the Senate copies of all the proceedings on file in his office, relative to the location of lands in the State of Indiana, by the Commissioners appointed on the part of the State of Indiana, and the Commissioner or Agent appointed by the authority of the United States, under the act entitled "An act to authorize the State of Indiana to locate and make a road therein named;" also copies of all letters addressed to him, relating to the subject of the location of the land in question; together with the decision of the late acting Commissioner of the General Land Office on the subject. [JAN. 14, 17, 1831. of the expense, he had relied on mercantile gentlemen better qualified than he was to judge. Mr. TAZEWELL said, in substance, that he considered the bill to be unconstitutional; that, if it were based upon that article of the constitution which authorized Congress to regulate commerce, it involved a more extensive exercise of power, that of enabling the President to send vessels along the coast to pick up wrecks, than had ever been claimed, even under that clause. Before the bill could be passed by Congress, and approved by the President, the effects of the storm would be over. He doubted the power of Congress to pass the bill, and he considered that it would be very partial in its beneficial operation. Mr. LIVINGSTON said he had not expected to hear Mr. N. said he was aware that, by the rules of the Sen- the extraordinary objection which the Senator from Virate, it required their unanimous consent to consider the ginia had urged against the bill. He did not derive his resolution at this time. He hoped that such consent would constitutional authority for the bill from the clause for rebe given. His object was to receive copies of all the gulating commerce, but from the general power of the evidence in the office of the Commissioner of the General Government to protect commerce, and to manage our Land Office, public and private, which had a bearing upon foreign relations. Whence did we derive the power to the subject embraced in the resolution which he had build light-houses, beacons, and buoys? What argument offered. It was a duty which he owed to the people of was there for employing the navy on such occasions, that Indiana to make the call for the evidence, upon a subject did not equally authorize the employment of merchant which interested them. He was satisfied that the people vessels? He knew of none. So much for the constituof that State would never yield to the decision given to tional objection. Now for the expediency of the measure. the act of Congress named in the resolution, by the late He did not think that it was to be ridiculed out of the acting Commissioner of the General Land Office. He ex- Senate by the suggestion, that these vessels were to be pected that the Legislature of the State of Indiana, now sent to pick up wrecks. They were to be sent out to in session, would, by memorial to Congress, shortly re- prevent wrecks; not to remedy the mischief, but to prepresent the rights of the State by fact and law, or to some vent it. The storm had now lasted four days. It was not other tribunal. To meet their views promptly, when over. The wind was still high. Vessels had been, prothey arrive, he desired all the evidence officially, to enable the Senate to act. The resolution was then, by unanimous consent, read a second time, and adopted. The remainder of the day was spent in disposing of MONDAY, JAN. 17. It bably, driven forty or fifty leagues from the coast. A message was received from the House of Represen tatives, announcing the resolution of that House to attend the Senate, from day to day, during the argument in the impeachment now pending against JAMES H. PECK, Dis-not be confined to one port. Orders could be immetrict Judge of Missouri. Mr. SILSBEE said that the proposed measure would diately sent to New York, Norfolk, and Charleston, to THE STORM-VESSELS IN DISTRESS. afford the relief from suffering and danger so well deMr. LIVINGSTON, by unanimous consent, introduced scribed by the Senator from Louisiana. Some small vesa bill to enable the President to employ, without delay, sels, with beef, pork, and other articles, could be at once two or more vessels, with supplies of men, provisions, provided to meet ships in distress, and would truly be and other necessaries, to cruise off the coast of the United considered as angels from heaven. No one who had not States, for the purpose of supplying and succouring ves- experienced them, could imagine the distress to which our sels that may have suffered by stress of weather during seafaring people were liable at this season of the year. the present inclement season, and appropriating fifteen As to the expense, more revenue would probably be saved thousand dollars for carrying the objects of the bill into by the measure than it would cost. Mr. TAZEWELL said he should interpose no other effect. In asking leave to introduce this bill, Mr. L. said that objection than his vote to the bill. He had asked the its object was to relieve our vessels and seamen that honorable Senator from Louisiana, whether he found his might be on the coast at this very inclement season. Those authority for this measure in the power of Congress to only who had been in vessels in that situation, could real-regulate commerce? but he had received no new light ize the suffering and distress to which they and their crews upon the subject. The gentleman and he differed on were exposed. The bill was intended to enable the Pre-constitutional questions from the bottom. He could not sident to fit out two or more ships, to supply them with find this authority in the power to create and support a men and provisions that might be needed at this trying navy, nor in the power to control our foreign relations. moment. Mr. HAYNE inquired whether the object was to authorize the President to send out armed vessels belonging to the navy, or merchant vessels, and whether any estimate of the expense had been obtained. Mr. LIVINGSTON replied, that the President would despatch on this service any vessel that might be ready for it, whether merchantmen or others. As to the amount What, sir! the power to protect our own ships to be JAN. 18 to 22, 1831.] Relief Vessels.-Impeachment Expenses.-Trial of Judge Peck. [SENATE. most exposed would derive the least benefit from the tional authorities which they intended to produce in support of the impeachment. measure. Mr. SILSBEE explained. It was Charlestown, in Massachusetts, to which he had alluded. The effects of this storm were not over. They might last thirty or forty days. Vessels within one hour's sail of port might be blown off for leagues. Many vessels would be in that situation. It was to supply such ships with men and provisions that this bill has been introduced. Mr. HAYNE moved to refer the bill to the Committee of Commerce, and suggested that this reference would enable the Senate to afford relief in the most efficient manner. He also suggested that the Government now possessed the means to extend the most prompt aid to vessels in distress. A circular from the Treasury Department could put in immediate requisition our revenue cutters for this purpose. After one or two additional remarks from Mr. WOOD. BURY, Mr. SMITH, of Maryland, and Mr. LIVINGSTON, the motion of Mr. HAYNE was negatived, and the bill was ordered to be engrossed for a third reading. Mr. LIVINGSTON then moved that the bill be forthwith read a third time, and passed. The VICE PRESIDENT stated that this motion required the unanimous consent of the Senate before it could be adopted. Mr. BROWN objected to it, and it could not, therefore, be received. TRIAL OF JUDGE PECK. The court and Senate then adjourned. WEDNESDAY, JANUARY 19. After disposing of some morning business, the Senate resumed the impeachment. Mr. MEREDITH addressed the court for three hours, in defence of the respondent. Having become exhausted in physical strength before he could conclude his speech, the court, at three o'clock, adjourned. THURSDAY, JANUARY 20. of Impeachment. Mr. MEREDITH continued, without concluding, his argument in defence of the respondent. FRIDAY, JANUARY 21. IMPEACHMENT EXPENSES. The bill making provision for the payment of the witnesses, and of other expenses incurred in the trial of James H. Peck, District Judge of the United States for the District of Missouri, was taken up. [The bill allows each witness four dollars per day, and twenty cents mileage for travelling expenses.] Mr. SMITH, of Maryland, said that the witnesses who had attended the trial of Judge Chase had been allowed but three dollars a day, and twelve and a half cents mile age. He wished to know the reasons which had induced the committee to increase the compensation of the witnesses and the mileage in the present case. The Senate then again resolved itself into a High Court of Impeachment. Judge CARR appeared at the bar, and was permitted to make some explanation on a point of his former testimony. Mr. SPENCER, of New York, a manager on the part Mr. IREDELL replied, that when Judge Chase was of the House of Representatives, then rose, and addressed tried, the pay of members of Congress was six dollars: it a very learned and able argument to the court in support was now eight dollars. The committee conceived it but of the impeachment. Having concluded at four o'clock, just to fix the compensation to the witnesses at one-half of the court adjourned. RELIEF VESSELS. The Senate having resumed its legislative character, YEAS.-Messrs. Barton, Bell, Burnet, Chambers, TUESDAY, JANUARY 18. After receiving petitions, resolutions, and reports of committees, the Senate again resolved itself into a High Court of Impeachment. Mr. WICKLIFFE, one of the managers of the House of Representatives, commenced an argument in support of the impeachment at twelve o'clock, and concluded at a little past three. He advanced and maintained the positions that Judge Peck had no legal jurisdiction over the publication of Mr. Lawless, even supposing it to have been a contempt, for which he imprisoned and suspended him; and that, in truth, that publication was no contempt at all. Mr. W. defended the liberty of the press with energy and zeal. Mr. BUCHANAN and Mr. STORRS stated, for the information of the counsel of the respondent, who will tomorrow commence the argument in his defence, the addiVOL. VII.-3 that which was allowed members. Mr. GRUNDY said that another consideration showed the propriety of the increase. These witnesses had come from a much greater distance than the witnesses in the case of Judge Chase. Most of them were professional men, and had, by their absence from home, lost nearly a half year's practice. He should vote for the four dollars, and would have voted for six dollars if that sum had been in the bill. The blank in the bill was filled with the sum of twelve thousand dollars for the expenses of the trial; and, thus amended, it was engrossed, read a third time, and passed TRIAL OF JUDGE PECK. The Senate then again resolved itself into a High Court of Impeachment. Mr. MEREDITH continued his argument for the respondent until half past three o'clock, when the court and Senate adjourned. SATURDAY, JANUARY 22. The Senate having again resolved itself into a Court of Impeachment, Mr. MEREDITH concluded his argument at twenty minutes past one o'clock. Mr. WIRT then rose to address the court for the respondent. He regretted that he had been the unwilling cause of so much delay in the progress of this trial, and thanked the honorable court for the humanity of the indulgence which they had extended towards him. His friend might also have consumed much more time, in the opinion of some, than was necessary; but it would be recollected that two-thirds of that time had been used in reading precedents from the books. In a case in which the respondent was so deeply concerned, it would be a dereliction of duty on the part of his counsel, if they were |