Trial of Judge Pickering. Mr. NICHOLAS, Mr. WRIGHT, and other gentlemen, objected to the resolution as not being in order. Mr. ANDERSON asked if it would be in order to move an amendment to it? Mr. ADAMS said, he would object to any amendment to it, as, by the rule of the Court, a gentleman had a right to a vote upon any specific proposition he might please to submit, connected with the trial. Mr. WHITE called for the reading of the rule. Mr. ANDERSON then moved that the resolution, submitted by the gentleman from Virginia yesterday, be taken up as being entitled to be acted upon first. The President pro tem. declared that the resolution of the gentleman from Delaware was fairly before the Court, and must be disposed of in some way before anything else could be taken up. A motion for postponing the further consideration of it was then made and withdrawn. Mr. NICHOLAS hoped it would not be permitted to go upon the Journals of the Court. Mr. JACKSON moved the previous question, viz: "Shall the main question be now put?" Mr. WHITE hoped that whatever question should be taken on the subject, should be by yeas and nays; that his resolution, and the manner in which it might be got rid of, should be seen and under stood. Mr. ANDERSON then moved to amend the resolution, by striking out the words "not having been heard by himself or counsel;" and all after the words "was and yet is insane," to the end of the resolution. On motion of Mr. DAYTON, the galleries were cleared and the doors closed. At three o'clock the doors were opened, and the question was taken upon the resolution as at first submitted-yeas 9, nays 19, as follows: YEAS-Messrs. Adams, Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, Wells, and White. NAYS-Messrs. Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, Israel Smith, John Smith of Ohio, Sam'l Smith, Sumter, Venable, Worthington, and Wright. So it passed in the negative. On motion of Mr. NICHOLSON, the resolution he had submitted the day before for notifying the House of Representatives that the Court would be prepared to pronounce judgment on Monday next, was taken up and passed-yeas 20, nays 9. Those who voted in the affirmative last above, here voted in the negative, and so vice versa, except Mr. JOHN SMITH, of New York, who was not then present, and who voted here in the negative. The Court then adjourned. MONDAY, March 12. The Court being opened, Mr. WHITE inquired how the question was to be taken; whether upon each article separately, as is practised in the House of Lords, or upon the whole together? He hoped upon each separately, as gentlemen might wish to vote affirmatively on some and negatively on others, from which privilege they must be precluded by giving but one general vote of guilty or not guilty. He would, therefore, beg leave to submit to the consideration of the Court the following, as the form of the question to be put to each member upon each article of impeachment, viz: "Is John Pickering, district judge of the district of New Hampshire, guilty of high crimes and misdemeanors upon the charges contained in the article of impeachment, or not guilty?" For this form of question, Mr. W. observed, he could adduce precedent; it was nearly the same as was used in the very celebrated case of Warren Hastings, and he presumed would collect the sense of the Court with as much certainty as any that could be proposed, which was his only object. After some conversation, Mr. ANDERSON MOVed the following as the form, and prayed that it might be taken up: "Is John Pickering, district judge of the district of New Hampshire, guilty as charged in the article of impeachment exhibited against him by the House of Representatives?" The President pro tem. declared that it would not be in order to take it up till the motion of the gentleman from Delaware was acted upon, as it was first before the Court, and had not yet been disposed of in any way; and was about to put the question following upon it, when Mr. ANDERSON mentioned that he had objections to the form of question proposed by the gentleman from Delaware, and moved to strike out the words "of high crimes and misdemeanors." On motion, the galleries were cleared and the doors closed. After some debate, Mr. WHITE'S form of question was lost-only ten voting in favor of it, and eighteen against it. Mr. ANDERSON's form was then adopted-yeas 18, nays 9, as follows: YEAS-Messrs. Anderson, Baldwin, Breckenridge, Cocke, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, Israel Smith, John Smith of Ohio, John Smith of New York, Sumter, Venable, Worthington, and Wright. NAYS-Messrs. Adams, Dayton, Hillhouse, Olcott, Pickering, Plumer, Tracy, Wells, and White. Mr. WHITE stated, that he believed Judge Pickering had practised much of the indecent and improper conduct charged against him in the articles of impeachment; that he had been seen intoxicated, and heard to use very profane language upon the bench; that he had acted illegally and very unbecoming a judge in the case of the ship Eliza, as charged against him in the articles, but that he was very far from believing that any part of his conduct amounted to high crimes and misdemeanors, or that he was in any degree capable of such an offence, because, after the testimony the Court had heard, scarcely a doubt could remain in the mind of any gentleman, but that the judge was actually insane at the time; and Mr W. wished to know whether it was to be understood, by the two last votes just taken, that the Trial of Judge Pickering. Court intended only to find the facts, and to avoid pronouncing the law upon them; that they could have it in view to say merely, that Judge Pickering had committed the particular acts charged against him in the articles of impeachment, and, upon such a conviction, to remove him, without saying directly or indirectly whether those acts amounted to high crimes and misdemeanors or not; for, in the several articles they are not so charged, though judgment is demanded upon them as such. Upon such a principle, and by such a mode of proceeding, good behaviour, he observed, would be no longer the tenure of office; every officer of the Government must be at the mercy of a majority of Congress, and it will not hereafter be necessary that a man should be guilty of high crimes and misdemeanors in order to render him liable to removal from office by impeachment; but a conviction upon any facts stated in articles exhibited against him will be sufficient. Mr. DAYTON observed, that the honorable gentleman from Virginia seemed to be offended at the language of his honorable friend from Delaware, who, in speaking of the proceedings on the impeachment, had called them a mere mockery of trial. To such terms, however, the ears of that honorable gentleman must be accustomed and ac commodated, for, whilst either he or his friend had the honor of a seat in that body, they should designate this trial by no other character. It deserved no better appellation, and would be thus characterized in all parts of the United States where these proceedings could be seen and understood. That the conclusion of this exhibition might perfectly correspond with its commencement and progress; that the catastrophe might comport with the other parts of the piece; the Senate were now to be compelled, by a determined majority, to take the question in a manner never before heard of on similar occasions. They were simply to be allowed to vote, whether Judge Pickering was guilty as charged-that is, guilty of the facts charged in each article-aye or no. If voted guilty of the facts, the sentence was to follow, without any previous question whether those facts amounted to a high crime and misdemeanor. The latent reason of this course was, Mr. D. said, too obvious. There were numbers who were disposed to give sentence of removal against this unhappy judge, upon the ground of the facts alleged and proved, who could not, however, conscientiously vote that they amounted to high crimes and misdemeanors, especially when committed by a man proved at the very time to be insane, and to have been so ever since, even to the present moment. The Constitution gave no power to the Senate, as the High Court of Impeachments, to pass such a sentence of removal and disqualification, except upon charges and conviction of high crimes and misdemeanors. The House of Representatives had so charged the judge, and had exhibited articles in maintenance and support, as they themselves declare, of those charges. The Senate had received and heard the evidence adduced by the managers, and had gone through certain forms of a trial, and they now, by a majority, dictate the form of a final question, the most extraordinary, unprecedented, and unwarrantable. For himself, Mr. D. said, he felt at a loss how to act. He was free to declare that he believed the respondent guilty of most of the facts stated in the articles, but, considering the deranged state of intellect of that unfortunate man, he could not declare him guilty in the words of the Constitution; he could not vote it a conviction under the impeachment. Let the question be stated, as had been proposed by his honorable friend from Delaware, agreeably to the form observed in the well-recollected case of Warren Hastings-"Is John Pickering guilty of a high crime and misdemeanor upon the charge contained in the first, the second, the third, or the fourth article of the impeachment, or not guilty?" Or, if the Court preferred it, he should have no objection against taking the preliminary question, whether guilty of the facts charged in each article, provided they would allow it to be followed by another most important question, viz: whether those facts, thus proved and found, amounted to a conviction of high crimes and misdemeanors, as charged in the impeachment, and expressly required by the Constitution. Both these forms of stating the question were, it was now too evident, intended to be refused by the majority, and thus a precedent established for removing a judge in a manner unauthorized by that charter. Mr. WHITE asked whether, after the question now before the Court-which goes merely to settle, as gentlemen themselves believe, the point whether Judge Pickering has committed the particular acts charged against him in the articles of impeachment or not-should be decided, it would then be in his power to obtain a vote of the Court upon another question which, without presenting at present, he would state in his place, viz: Is it the opinion of this Court that John Pickering is guilty of high crimes and misdemeanors, upon the charges exhibited against him in the articles of impeachment preferred by the House of Representatives? The PRESIDENT pro tem. replied that he thought such a motion could not be received after the vote had been taken. Mr. WRIGHT submitted the following as the final question, viz: Is the Court of opinion that John Pickering be removed from the office of judge of the district court of the district of New Hampshire? Carried. Messrs. Armstrong, Bradley, Stone, Dayton, and White, retired from the court. The two last not because they believed Judge Pickering guilty of high crimes and misdemeanors, but because they did not choose to be compelled to give so solemn a vote upon a form of question which they considered an unfair one, and calculated to preclude them from giving any distinct and explicit opinion upon the true and most important point in the cause, viz: as to the insanity of Judge Pickering, and whether the charges contained in the articles of impeachment, if true, amounted in him to high crimes and misdemeanors or not. Trial of Judge Pickering. John Smith of New York, Sumter, Venable, Wells, The Court then adjourned sine die. Early in the trial a question was raised as to Smith, Israel Smith, and John Smith, of New the propriety of those gentlemen, viz: Samuel of the House of Representatives, and voted here York, who were during the last session members upon the question for impeaching Judge Pickering, sitting and voting as judges upon the trial. Mr. SMITH, of New York, wished to be excused. Mr. S. SMITH declared that he would not be influenced from his duty by any false delicacy; that he, for his part, felt no delicacy upon the subject, the vote he had given in the other House to impeach Judge Pickering, would have no influence upon him in the court; his constituents had right to his vote, and he would not by any act of his deprive or consent to deprive them of that right, but would claim and exercise it upon this mitted to the Senate whilst he had the honor of as upon every other question that might be sub a a seat. Upon the vote, it was carried by the usual majority. PROCEEDINGS AND DEBATES OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, AT THE FIRST SESSION OF THE EIGHTH CONGRESS, BEGUN AT THE CITY OF MONDAY, October 17, 1803. This being the day appointed by a Proclamation of the President of the United States, of the sixteenth of July last, for the meeting of Congress the following members of the House of Representatives appeared, produced their credentials, and took their seats, to wit: From New Hampshire-Silas Betton, Clifton Claggett, David Hough, Samuel Hunt, and Samuel Tenney. From Massachusetts-Phanuel Bishop, Manasseh Cutler, Jacob Crowninshield, Richard Cutts, Thomas Dwight, William Eustis, Seth Hastings, Nahum Mitchell, Ebenezer Seaver, William Stedman, Samuel Taggart, Joseph B. Varnum, Peleg Wadsworth, and Lemuel Williams. From Rhode Island—Nehemiah Knight, and Joseph Stanton. From Connecticut-Samuel W. Dana, John Davenport, Calvin Goddard, Roger Griswold, and John C. Smith. From Vermont-William Chamberlin, Martin Chittenden, James Elliot, and Gideon Olin. From New York-Gaylord Griswold, Josiah Hasbrouck, Henry W. Livingston, Andrew McCord, Samuel L. Mitchill, Beriah Palmer, Thomas Sammons, Joshua Sands, David Thomas, Philip Van Cortlandt, and Daniel C. Verplanck. From Pennsylvania-Isaac Anderson, David Bard, Robert Brown, Joseph Clay, Frederick Conrad, William Findley, Andrew Gregg, John A. Hanna, Joseph Heister, William Hoge, Michael Leib, John Rea, Jacob Richards, John Smilie, John Stewart, Isaac Van Horne, and John Whitehill. From Delaware-Cæsar A. Rodney. Plater. From Virginia-Thomas Claiborne, Matthew Clay, John Dawson, John W. Eppes, Peterson Goodwyn, Edwin Gray, Thomas Griffin, David Holmes, John G. Jackson, Walter Jones, Joseph Lewis, jun., Thomas Lewis, Anthony New, Thomas Newton, jr., John Randolph, jun., Thomas M. Randolph, John Smith, James Stephenson, and Philip R. Thompson. From Kentucky-George Michael Bedinger, John Boyle, John Fowler, Matthew Lyon, Thomas Sanford, and Matthew Walton. liam Kennedy, Nathaniel Macon, Richard Stanford, From Tennessee-George Washington Campbell, From South Carolina-William Butler, Levi Casey, John Earle, Wade Hampton, Benjamin Huger, Thomas Moore, and Richard Winn. From Ohio-Jeremiah Morrow. And a quorum, consisting of a majority of the whole number, being present, the House proceeded, by ballot, to the choice of a Speaker; and upon examining the ballots, a majority of the votes of the whole House was found to be in favor of NATHANIEL MACON, one of the Representatives from the State of North Carolina: Whereupon, Mr. MACON was conducted to the Chair, from whence he made his acknowledgments to the House, as follows: "Gentlemen: Accept my unfeigned thanks for the The task which you have assigned me will be undertaken with honor which you have conferred on me. great diffidence, but my utmost endeavors shall be exerted to discharge the duties of the Chair with fidelity. In executing the rules and orders of the House, I shall rely with confidence on the liberal and candid support of the House." The House proceeded, in the same manner, to the appointment of a Clerk; and upon examining the ballots, a majority of the votes of the whole House was found in favor of JOHN BECKLEY. The oath to support the Constitution of the United States, as prescribed by the act entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. NICHOLSON, one of the Representatives from the State of Maryland, to the SPEAKER; and then the same oath or affirmation was administered by Mr. SPEAKER to all the members present. WILLIAM LATTIMORE having also appeared, as the Delegate from the Mississippi Territory, the The same oath, together with the oath of office said oath was administered to him by the SPEAKER. prescribed by the said recited act, was also administered by Mr. SPEAKER to the Clerk. Ordered, That a message be sent to the Senate, From North Carolina-Nathaniel Alexander, Willis to inform them that a quorum of this House is Alston, jun., William Blackledge, James Holland, Wil-assembled, and have elected NATHANIEL MACON, one of the Representatives for North Carolina, their Speaker; and that the Clerk of this House do go with the said message. A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business; and that, in the absence of the VICE PRESIDENT of the United States. the Senate have elected the honorable JOHN BROWN their President, pro tempore. Resolved, That Mr. J. RANDOLPH, jun., Mr. R. GRISWOLD, and Mr. NICHOLSON, be appointed a committee, on the part of this House, jointly, with such committee as may be appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them. Ordered, That the rules and orders, established by the late House of Representatives, shall be deemed and taken to be the rules and orders of proceeding to be observed in this House, until a revision or alteration of the same shall take place. Ordered, That a committee be appointed to prepare and report such standing rules and orders of proceeding as are proper to be observed in this House; and that Mr. EUSTIS, Mr. New, and Mr. HUGER, be the said committee. The following committees were appointed pursuant to the standing rules and orders of the House, viz: Committee of Elections-Mr. FINDLEY, Mr. GODDARD, Mr. M. CLAY, Mr. HUNT, Mr. VARNUM, Mr. LIVINGSTON, and Mr. KENNEDY. Committee of Claims-Mr. J, C. SMITH, Mr. GREGG, Mr. PLATER, Mr. HOLMES, Mr. T. MOORE, Mr. CHAMBERLIN, and Mr. BEDINGER. Committee of Commerce and Manufactures Mr. S. L. MITCHILL, Mr. DANA, Mr. CROWNINSHIELD, Mr. MCCREERY, Mr. LEIB, Mr. NEWTON, and Mr. WYNNS. OCTOBER, 1803. as the members, respectively, shall choose, to be delivered at their lodgings; and that if any member shall choose to take any newspaper other than a daily paper, he shall be furnished with as many of such papers as shall not exceed the price of a daily paper. A message from the Senate informed the House that the Senate have appointed a committee on their part, jointly, with the committee appointed on the part of this House, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them. Resolved, That, unless otherwise ordered, the daily hour to which the House shall stand adjourned, during the present session, be eleven o'clock in the forenoon. Mr. DAWSON, after a few preliminary observations, offered to the House the following resolution: Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring, That the following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United States; which, when ratified by three-fourths of the said Legislatures, shall be valid, to all intents and purposes, as part of the said Constitution, viz: That, in all future elections of President and Vice President, the persons shall be particularly designated, by declaring which is voted for as President, and which as Vice President. the Committee of the Whole House on the state Ordered, That the said motion be referred to of the Union. The SPEAKER laid before the House sundry papers transmitted to him from Kenawha county, in Thomas Lewis, one of the members returned to the State of Virginia, touching the election of read, and ordered to be referred to the Committee serve in this House, for the said State; which were of Elections. Committee of Revisal and Unfinished Business— Mr. TENNEY, Mr. BOYLE, and Mr. DICKSON. Mr. JOHN RANDOLPH, jr., from the joint comCommittee of Ways and Means-Mr. J. RAN-mittee appointed to wait on the President of the United States, and notify him that a quorum of DOLPH, jun., Mr. NICHOLSON, Mr. R. GRISWOLD, Mr. RODNEY, Mr. HASTINGS, Mr. J. CLAY, and the two Houses is assembled, and ready to receive any communication he may be pleased to make to them, reported that the committee had performed that he would make a communication to this House, that service, and that the President signified to them to-day, in writing. Mr. SANDS. A message from the Senate informed the House that the Senate have resolved that two Chaplains, of different denominations, be appointed to Congress for the present session, one by each House, who shall interchange weekly. The House proceeded to consider the foregoing resolution of the Senate. Ordered, That the farther consideration thereof be postponed until Thursday next. The House then proceeded, by ballot, to the appointment of a Sergeant-at-Arms to this House; and, upon examining the ballots, a majority of the votes of the whole House was found in favor of JOSEPH WHEATON. THOMAS CLAXTON was appointed Doorkeeper, and THOMAS DUNN Assistant Doorkeeper. Ordered, That the Clerk of this House cause the members to be furnished, during the present session, with three newspapers to each member, such A Communication was received from the PRESIDENT OF THE UNITED STATES to the two Houses of Congress. The said Communication was read, and referred to the Committee of the whole House on the state of the Union. [See Senate Proceed ings of this date, for the Message, ante page 11.] TUESDAY, October 18. Several other members, to wit: from Pennsylvania, JOHN B. C. LUCAS; from Maryland, DANIEL HEISTER; from Virginia, JOHN CLOPTON, and JOHN TRIGG; from North Carolina, SAMUEL D. PURVIANCE; and from Georgia, DAVID MERIWETHER; appeared, produced their credentials, were qualified, and took their seats in the House. |