DISTRICT OF NEW HAMPSHIRE, SS. Trial of Judge Pickering. At a circuit court of the United States for the first circuit, begun and held at Portsmouth in said district of New Hampshire, on the 23d day of April, 1801. Present-The honorable John Lowell, Chief Judge; the honorable Benjamin Bourne and the honorable Jeremiah Smith, Esqs., circuit Judges. It having been represented to this court that the district Judge of this district is unable to perform the duties of his office, and satisfactory evidence of the inability of said district Judge being shown to the circuit court, it is thereupon directed by the court, in pursuance of the powers vested in them by the 25th section of the act of Congress, entitled "An act to provide for the more convenient organization of the courts of the United States, that Jeremiah Smith, Esq., one of the judges of this court, perform the duties of the said district Judge during the period the inability of the said district Judge shall continue. A true copy of the record. Attest: JOHN STEELE, Clerk. I, William Plumer, of lawful age, do testify that I was present at said court when the foregoing application was made. That testimony was given to prove the insanity of the said Pickering; that, during the week in which that court was in session, I saw the said Pickering several times in company with said Judges at their lodgings and at other places; and that I heard each of them, to wit, Lowell, Bourne, and Smith, say, that from their own view, as well as from testimony, they were fully satisfied that Judge Pickering was in a state of insanity, and on that ground they had made the order aforesaid. WASHINGTON, March 5, 1804. W. PLUMER. Mr. HARPER then commenced the reading of the deposition of Edward St. Loe Livermore. During the reading, particularly of that part wherein the deponent states his opinion that the insanity of Judge Pickering did not arise from his intemperance, but the latter from the former, Mr. H. was interrupted by the President, who desired him to read only that part which related to the allegation of insanity. In compliance with this injunction Mr. H. waived reading a considerable portion of the affidavit. Notwithstanding, however, this circumstance, we give it entire; remarking that only that part of it relative to the allegation of insanity was received as evidence. Deposition of Edward St. Loe Livermore. I, Edward St. Loe Livermore, depose and say, that in the beginning of November in the year 1802, I was applied to by Eliphalet Ladd, Esq. of Portsmouth, in the State of New Hampshire, to attend a special district court to be holden at Portsmouth on the eleventh of said November, to exhibit a claim for a certain ship called the Eliza, and two cables, seized by the officers of the customs and libelled in said court. The statement of the case made to me by the said Ladd, was this: that in the month of September, 1802, the ship Eliza, owned by him and of which his son was master, arrived at Boston with a cargo of salt, and nothing else, except some pieces of check linen which were the private adventure of the captain. That the ship was entered at Boston and the duties on the salt secured, and the duty upon the linen paid by the captain, and the vessel authorized to proceed to Portsmouth to discharge her cargo; accordingly she arrived at Portsmouth, where the captain obtained a permit from the collector for landing the linens and also a permit was given for landing the salt. That while the ship was at some foreign place (I think Bonavista) her cables, which were old, became much chafed, and injured, at some bad anchorage ground; and that a vessel of which a certain Captain Lamb was master, being cast away, the seamen from the Eliza were employed in saving goods from the wreck, and Capt. Lamb to compensate them gave them a new cable which had been saved. This cable had been purchased by Capt. Lamb intending it for sale in the Southern States, but it was a very ordinary one, made of very bad materials. That Capt. Ladd thinking the situation of his ship to be such as to require a new cable, purchased it of his crew for his ship's use; and it was accordingly bent to his best anchor on the passage home; and that with old and new the ship was but indifferently found. That while the ship was discharging her cargo of salt at Portsmouth, the cables (being in the way) were taken out of the ship, and put into a store upon the wharf; and that the vessel, after discharging, was intended to be hove down for the purpose of graving; that it always had been customary to take out the cables, as well as the ship's sails, upon such occasions, and that the same had now been done in the presence of some of the custom-house officers; and no question had ever been made as to the legality of such doings. From this statement (which was afterwards fully proved on the trial) I was of opinion that the revenue of the United States had not been in danger of suffering material injury and accordingly engaged with Mr. Ladd to undertake his defence. The cables he informed me had been appraised by two merchants and a ropemaker (all as respectable as any in the town of Portsmouth) at two hundred and fifty dollars value; and by an order from the district judge had been delivered to him, but had again been immediately seized by the officers, alleging that the judge was incompetent and the proceedings had been irregular. I informed Colonel Ladd that the trial must be truly farcical as the judge was insane and wholly incapable of transacting business; and as there could be no appeal in the case of the cables, it was but the cast It was at that of a die whether he lost them or not. that the cables were valued so low; but the reason, he time considered by me to be an unfortunate circumstance informed me, was, that the ropemaker, who well understood the value of such articles, said the new cable was made of so bad materials, and the others so old and rotten they were worth very little. But with respect to the ship he could appeal if the insane judge decreed against him—and even if it were possible to conceive that the cables were illegally landed, yet as the value did not amount to four hundred dollars, and the affair of the linens appearing to be merely a mistake at the custom-house, the ship could not be condemned. Accordingly I attended at the time and place; soon after the judge arrived and appeared to me very feeble in body and greatly deranged in mind. By his singular appearance and extravagant incoherent language he drew a large concourse of people into the court-house, and behaved in so wild and disordered a manner, as to afford mirth to the giddy multitude, but the most painful sensations to all those who knew his excellent character and had judgment enough to reflect on the deplorable situation of a man when deprived of his reason. He seemed to have some recollection of the business before him, and ordered the parties to proceed; saying that he had heard enough of the libels (using very profane language) and would decide upon them in a few minutes. But such was the situation of the judge, and Trial of Judge Pickering. not subject the vessel to condemnation: and this was the cause that no application was ever made to the circuit court upon the subject. It is impossible for me to repeat all the incoherent jargon uttered by Judge Pickering at this time, and the talk would be very painful should I repeat it. But during the whole of the transaction I entertained but one opinion on the subject, relative to the cause of the judge's irregularities of this day, which was merely, that it was distraction. I am sensible some gentlemen entertained a different opinion, and among those was the Marshal of the district. But as I well knew that from his situation in life, he had not had the opportunity of knowing the judge as well as myself, I endeavored to convince him his distraction was not occasioned by too free a use of liquor of any kind; and I am fully of the opinion that he was not intoxicated with any kind of spirituous liquor on this day. the general confusion, that I suggested to the district attorney the propriety of postponing the business until the ensuing day. Mr. Sherburne acquiesed. I accordingly moved for the postponement, upon which the judge demanded the reason. I informed him I wished for time to prepare my claims-he immediately answered. in his former benevolent style "my dear, I will give you to all eternity;" and immediately ordered the court adjourned to nine o'clock the next day, observing that he would then be sober." I do not recollect that he said "I am damned drunk now," and am strongly inclined to believe he did not utter those words, and think I should have recollected them if he had uttered them, as the other expressions made a deep impression on my mind, and very much surprised me, and induced me to believe, as I apprehend it did many others, that the judge was intoxicated. At the hour appointed the next day, he attended, and his appearance was not different from the preceding day, and was equally as irrational. It is now more than twenty years since I have had I then concluded it would be best to get through the fara most intimate acquaintance with Judge Pickering; cical trial as soon as possible, wholly uncertain of the our avocations being the same, of course led to it, and event; but was informed that the judge, before he always until his distraction he has sustained a most reached the court-house, had declared he was determined excellent moral character, and I never knew a man to condemn both ship and cargo, and had expressed more perfectly free from the imputation of any vice or himself with great disapprobation of the claimant. Col. immorality than Judge Pickering. But he was not Ladd. The trial of the libel against the cables being merely negatively good; his active virtues were althe first in order, I immediately proceeded to the examways considered of the most amiable kind. He was ination of the witnesses for the claimant, who testified very chaste in his conversation, and in no instance, very circumstantially to the facts in the statement which that I can recollect, did he use profane, obscene, or inI have before mentioned. During the testimony of the delicate language; and a person of much discernment, witnessess the judge appeared attentive, but I do not ap- formerly acquainted with him, and hearing his converprehend he understood much of their testimony. Pos-sation at this time, I think would be convinced of his sibly he might, but he pretty soon declared that both distraction, were there no other proof. I am senvessel and cargo should be restored to the claimant, and sible that it has been reported that Judge Pickering ordered the clerk to enter the decree. Mr. Sherburne injured himself by the too free use of inebriating liquors; then observed to him he had heard only one side, and and it has been the opinion of some not so well acthat he wished to produce his witnesses in behalf of the quainted with him, this was the principal cause of his United States. The Judge replied he might produce distraction. I think it was very erroneous and the supforty thousand, but it would not alter the decree. Mr. position uncharitable. It is possible at times he may Sherburne then claimed an appeal to the Circuit Court; have drank too freely, but I think I have good reason to upon which the Judge said he might appeal, but he conclude it was the consequence of his insanity, as it would take care that the decree should not be altered. is easy to imagine that a man in this situation would I objected to an appeal, as the matter in controversy, the be intemperate. For many years I have known him cables, did not amount to three hundred dollars in value. to have been grievously afflicted with nervous disorThe Judge then said there should be no appeal. I inti- ders, to which all studious and sedentary men are in some degree liable; but frequently I have seen him so quem not a quo that should determine the right of ap- extremely affected, that to appearance his distress and peal, and if he was dissatisfied with the determination sufferings have been as great as the human frame of the distracted judge, he could apply to the Circuit could endure and I can distinctly recollect instances Court-but he persisted in demanding an appeal, and from June seventeen hundred and ninety to eighteen the Judge refused, telling him that he knew that he had hundred, the time in which his distraction became very talked the matter over with him in his office five hun-apparent, that his disorder has rendered him unfit for dred times. This was answered with warmth, by an absolute contradiction by Mr. Sherburne ; and the Judge as positively persisted in the assertion, which produced a scene of confusion. I told Mr. Sherburne that he ought not to let the assertion of a distracted man disturb him, to which he assented; and I thought that Mr. Sherburne entertained no doubt of the judge's distraction. At length the court was adjourned, to the great relief of all the thinking part of the audience. mated to Mr. Sherburne that it must be the court ad I do not recollect any demand of an appeal being made in the case of the ship, and am confident that had there been I should have recollected it, as the same objection as to value could not have been made, but I have ever since presumed that the prosecutor was satisfied that there were no linens illegally imported, and that the value of the cables could not amount to four hundred dollars-and even if they were illegally landed, it would Public business; and, being Chief Justice of the Suconfusion was occasioned by his frequent illness, and his preme Court several years, much disappointment and situation was the subject of much conversation. This disorder showed itself in different ways, sometimes in grew excessively fearful of crossing ferries, and freacute pains, at others in hypochondriac affections; he quently was very wild in his imagination; and such were his conceits (as they were called by some) and fearful apprehensions of-he could not tell what-that some of his most intimate friends pronounced him to be approaching to a state of insanity, or total incapacity for business; but in all this time, there was not the least suggestion or surmise that a fondness for drink was the cause, although, perhaps no mati in New Hampshire was at the time more conversed about. One instance in particular I will mention, of the busi Trial of Judge Pickering. ness of the court being thrown into confusion on acacount of his illness. In the fall of the year seventeen hundred and ninety-four, it was necessary that he should go the circuit; as there were but three judges of the Superior Court at that time, and the whole were necessary to constitute a quorum. The judge was so ill, that he declared it was impossible for him to reach Amherst, which is little short of sixty miles from Portsmouth, his place of residence. With much difficulty and great entreaties, he was prevailed upon to make the attempt, but consented, provided I would ride with him in a chaise, and carry him a roundabout way in order to avoid a ferry, and pass the river Merrimack, upon a bridge newly erected, and (as he said) take care of him. We travelled part of the way the first day, but his distress and sufferings were so great that I am confident he slept none through the night, as he wholly prevented my sleeping. The next morning he expressed his determination of returning, but with much persuasion I induced him to proceed to Amherst, where the first court was to be holden; and the day following he came into the court, and sat while a cause was partly tried: but finding he could sit no longer, the court was adjourned, and he went to his lodgings, where he was confined by sickness about a fortnight; he then returned to Portsmouth, and thus ended the Fall circuit of 1794. Many unfeeling people at this time, affected to say, that his disorder was feigned or imaginary-in the same manner that some do now, that his distrac tion is the effect of drink. In the beginning of the year 1800, I heard it intimated that Judge Pickering was deranged in his mindthat his extravagant actions and conversation could be accounted for upon no other principle. But the first proof I recollect to have received, was in the summer of that year, when he called at my house before sun-rise one morning, and insisted on seeing me, having business of great importance: when I came to him to know the cause of so early a visit, he informed me that he was immediately going to set out for Philadelphia in a coach and six, to see the President, and should be back in five days. I instantly perceived his situation, and my conversation with him was in conformity. I told him there were many obstacles in his way, such as bad ferries. He answered, he had got above all those considerations since his voyage to England. I inquired of him when he had been in England; well knowing that a ferry was the utmost extent of his navigation. He said he had been in England, France, and Germany, and various other countries across the Atlantic; and then mentioned his having been a captain of horse in the British army-told me the particular uniform he used to wear-that he was sent at a particular time by Government as ambassador to make peace with the Indians, interlarding his stories with oaths, and the most incoherent language imaginable, that left not a doubt upon my mind of his distraction. I mentioned this affair to gentlemen, and found he had told the same stories before. I saw no more of him for some time, as he was removed into the country by his friends on account of his insanity; and I thought it was perfectly understood by all persons who knew him that he was distracted; and many anecdotes respecting him have been related as proofs of his derangement; and one in particular has been deemed an unequivocal proof, that is, his undertaking to dismiss Jonathan Steele, Esq., from his office of clerk of the district court, and of appointing R. Cutts Shannon, Esq., as Mr. Steele had given universal satisfaction in the office, and there was no cause for his removal. Mr. Steele, upon the application of Mr. Shannon, refused to give up the records; and the relatives of the judge have so managed the business that Mr. Steele has continued in the office ever since. I thought that both Mr. Steele and Mr. Shannon were convinced of his distraction, and have several times conversed with them upon the subject. The Judge continued to grow worse, and, after the passing of the late judiciary act-now repealed-Judge Smith was appointed to do the duties of the office, and New Hampshire was relieved from the embarrassment until the repeal of the act, since which time several distressing scenes have passed, in consequence of the duties again devolving upon the unfortunate Judge. E. ST. LOE LIVERMORE. Portsmouth, N. H., Feb. 15, 1804. Then Edward St. Loe Livermore, Esq., made oath that the foregoing affidavit by him subscribed, was just and true, according to the best of his knowledge. Attest: GEO. SULLIVAN, J. P. Mr. HARPER said this was the testimony on which he founded the application, which was to postpone the trial until such time as the Court may think fit, in order to take depositions. The PRESIDENT.-It does not seem to me proper to receive any motion from you. The Senate will attend to what you have said, and take proper order upon it. Mr. HARPER said he was but little solicitous about form; he regarded substance. His only wish was that an opportunity should be allowed, and the necessary facilities afforded to obtain testimony. This being his object, it was not his wish to occupy the time of the Court unnecessarily. The testimony he had just submitted was of itself amply sufficient, upon which to rest, with this honorable Court, the prayer of the petitioner, and to ground the application he had intended to make. It was such as carried conviction with it, and required no observations of his to apply or elucidate it. Most of the gentlemen whose affidavits he had read, and their respectability of character, must be well known to members of the Court; and he humbly presumed that, after evidence so direct and conclusive, scarcely a doubt could possibly remain upon the mind of any gentleman as to the insanity of this most unfortunate man, as well at present, as at the time when the offences charged against him in the articles of impeachment were committed. And surely, Mr. President, said Mr. H., it cannot be necessary to produce authorities to prove to this Court that the mildness and humanity of our laws exempt the insane from prosecution and punishment. Surely it cannot be necessary to show to this Court that the man whom God has been pleased to bereave of the greatest of all earthly blessings, his reason, and who, without mind, is incapable of committing any crime, and not amenable to human laws for his conduct. Surely, sir, it cannot be necessary to show to this Court that to constitute any crime a vicious will is necessary, and that a man insane cannot be put upon his trial-cannot in a criminal prosecution be called upon to plead, either by himself or counsel, guilty or not guilty-being at the time without any rational will, and not knowing Trial of Judge Pickering. the meaning of such a plea; or of showing that the President of the Senate stated that he considered such a person is utterly incapable even of receiv-it to be the sense of the Senate, that Mr. Harper was ing any legal notice to attend upon judicial pro- to be heard before the trial commenced. ceedings. The principles, Mr. H. observed, were too well settled, and too well known to every member of this honorable Court to render such a proceeding on his part necessary. To their justice and to their wisdom he would, therefore, confidently appeal, and beg leave to submit the prayer of the petitioner in behalf of his most unfortunate parent. The Court then adjourned until the next day. A short time after the managers returned from the Court, Mr. NICHOLSON, in their behalf, made to the House of Representatives the following communication: "That on Friday, the second of March, the managers, agreeably to the directions of the House, appeared at the bar of the Senate, to support the said articles of impeachment, when John Pickering was three times solemnly called, but did not answer, or appear, either in person, or by counsel. The President of the Senate then stated, that he had received a letter, signed R. G. Harper, accompanying a petition, signed Jacob S. Pickering, who called himself the son of the party charged. The petition being read, it was found to contain a statement of a variety of matter, particularly the insanity of Judge Pickering, upon which the prayer of the petition was founded for a postponement of the trial to some future day. Mr. Harper was called to the bar of the Senate; he entered, and stated, that he wished it to be distinctly understood, that he did not appear at the bar of the Senate as counsel for John Pickering, from whom he had received no authority for that purpose: but that his object was to support the facts contained in the petition of Jacob S. Pickering, and the prayer thereof. There was a short pause,when Mr. Harper rose again, and inquired, whether his appearance in support of the petition would be construed as the appearance of John Pickering, by counsel. The President of the Senate answered, he presumed, that Mr. Harper's appearance would not be considered as the appearance of John Pickering by counsel. "The managers, under these circumstances, felt themselves bound to object to Mr. Harper's being heard in any other capacity than as counsel for the party who was impeached; and briefly stated their reasons for the objection. "The Senate withdrew to a private chamber, where it is presumed the question was debated. The managers again appeared at the bar of the Senate this day, and were informed by the President, that it had been resolved to hear Mr. Harper in support of the allegations contained in the petition of Jacob S. Pickering, and the prayer thereof. The managers inquired at what point of time it was intended that Mr. Harper should be heard, and whether this was to be a measure preliminary to the trial: The President of the Senate declared, that he could not undertake to explain the resolutions of the Senate; but that their sense must be collected from the resolutions themselves. The managers then offered themselves ready for trial, declaring that they were prepared to open the prosecution on behalf of the House of Representatives, and that the witnesses were ready to prove the facts charged in the articles of impeachment. Upon this offer being made, The managers considered this as an irregular step, and not believing that they ought to discuss any petition presented to the Senate from a person who was not a party to the impeachment, and this, too, before the party charged, although duly notified, had appeared, Senate Chamber. They will not feel themselves either either in person, or by attorney, withdrew from the bound or authorized to appear again, until the Senate shall inform them that they are prepared to proceed in the trial, unless specially directed by this House." Mr. SMILIE, as soon as the above report was read, moved the following resolution: Resolved, That this House doth approve of the conduct of the managers appointed to support the articles of impeachment in the case of John Pickering, as stated in their report of this day, and that the said managers do not appear at the bar of the Senate, until they shall be specially instructed by this House. Mr. ELLIOT moved to strike out the words "as stated in their report of this day." Mr. ELMER remarked that the managers appeared to think the proceedings of the Senate ininformation before him he was not prepared to correct. This might be the case; but from the say so. He was of opinion that the Senate were the sole judges of the mode of conducting trials before them. Mr. SMILIE.-The Senate undoutedly have the right of fixing their mode of procedure; but if that mode shall be such as to interfere with our rights, we have a right to insist upon them. Such a procedure, as has been adopted by the Senate, in the present instance, I have never heard of. But if the managers are satisfied with what has been already done, without any further act on the part of the House, I am also. It is my wish that they would inform us of what they desire. of an impeachment to apply to the House on the Mr. DANA. It is very proper for the managers for the House to express an opinion of their conoccurrence of a new case; but it is not necessary duct in every stage of the trial. It may be proper to give them instructions when they desire it; but it is not necessary to pass a vote of approbation or disapprobation on their conduct. In this case it is entirely useless, and may be injurious. I therefore move the previous question. Mr. NICHOLSON.-The managers entertain no other desire but that of being guided in the discharge of the duty devolved upon them by the directions of the House. They would deem it a matter of extreme regret were the House to disapprove their conduct on the present occasion. But and believe I may likewise speak for all those no individual among them-I speak for myself, associated with me-wishes a vote of approbation by this House. I would, therefore, be pleased, if the gentleman would agree to strike out that part of the resolution which expresses such approbation. If the mover does not agree to this modification, I shall take the liberty of moving it. Mr. SMILIE. I cannot agree to strike out this part of the resolution, as it is, in my opinion, the Trial of Judge Pickering. most important feature in it. The conduct of the Senate has met with the disapprobation of the managers, and they have withdrawn, right or wrong. It is proper for the House to express an opinion, whether it is correct or incorrect. Mr. NICHOLSON observed that on further reflection he did not consider himself at liberty to make any motion, or to vote on any made on the subject before the House. Mr. G. W. CAMPBELL was of opinion that it would only be necessary for the House to express an opinion in case they disapproved the conduct of the managers. Mr. HUGER declared himself of the same opin ion. Mr. J. LEWIS moved a postponement of the further consideration of the motion until to morrow. Mr. SMILIE had no objection to the postpone ment. All further procedure was arrested by the agreement to a motion of Mr. NICHOLSON to adjourn. On the ensuing day, Mr. SMILIE said, as the resolution appeared to be disagreeable to some gentlemen, he would withdraw it. It was accordingly withdrawn. WEDNESDAY, March 7. On motion that the Secretary inform the House of Representatives that the Court of Impeachment is open and now ready to receive and hear the managers in support of the articles of impeachment exhibited by them against John Pickering, judge of the district of New Hampshire, it passed in the affirmative-yeas 19, nays 8, as follows: YEAS-Messrs. Anderson, Baldwin, Breckenridge, Cocke, Franklin, Jackson, Logan, Maclay, Nicholas, Smith of Ohio, Samuel Smith, Stone, Sumter, Venable, Worthington, and Wright. Potter, Israel Smith, John Smith of New York, John NAYS-Messrs. Adams, Bradley, Ellery, Hillhouse, Olcott, Pickering, Plumer, and Tracy. The Court adjourned to 12 o'clock to-morrow. THURSDAY, March 8. About 12 o'clock the Court was opened, and the managers appeared before the Senate, when Mr. EARLY, in their behalf, addressed the Court as follows: ernment: and the time has arrived, sir, when they are called upon to make good these charges. The wisdom manifested in the organization of that admirable Constitution which forms the glory of this country, is in nothing more eminently conspicuous than in the mode of trial prescribed for high State offenders. While on the one hand it guards against the influence and intrigue of power and of patronage, it raises, on the other, a shield sufficiently formidable to resist the weight of the Representatives of the Union. To this grand depositary of national justice are safely committed the dearest rights and interests of public officers, and the most sacred claims of the Gov ernment. It is certainly true that the trial by impeachment has not unfrequently in another country, been made the engine of oppression. But it is equally true that there the influence of a Crown, armed with all the weapons of prerogative, has proved the most usual source of invasion upon individual rights. Not so with us. This judicature owes nothing to Executive patronage. The source of their appointment and responsibility is found elsewhere. It is situated where there is least danger of its operating upon their hopes or their fears in the discharge of their judicial functions. But, sir, there is another guard pre-eminently distinguishing the wisdom of the American Government, and the sacred care with which its framers endeavored to fortify the rights of the accused. It is the peculiar privilege of the officers voice of two-thirds of their judges can produce of this Government, that nothing short of the their conviction. President, resorted to the said expedient of imThe House of Representatives have not, Mr. peaching, and demanding the trial of the defendant, without the most mature deliberation. They tion that the interests of their country and the have not done it, sir, without a thorough convicsolemn duty of their stations, imperiously required it at their hands: and they now proceed to make good their charges, under the fullest confidence that the decision will be governed by the immutable principles of justice, and redound to the honor of our common country. Believing that the best course which can be pursued in this case, and that which will be most Mr. PRESIDENT: The Representatives of the likely to simplify it, will be to take the articles United States appear before this high Court, as offered by the House of Representatives, in sucsuitors for remedial justice against John Picker- cession, I will, in support of the allegations coning, district judge for the district of New Hamp-tained in each article adduce the proof, necessary shire. to substantiate them. The first article is in the following words: "ARTICLE 1. That Whereas George Wentworth, Surveyor of the District of New Hampshire, did in the port of Portsmouth, in the said district, on waters that Among the various duties assigned to Congress by the Constitution, there is no description of superior importance; none, the discharge of which is equally painful with that now before them. The grand inquest of the nation have accused beare navigable from the sea by vessels of more than ten fore this tribunal an officer whose functions are tons burden, on the fifteenth day of October, in the the most delicate-whose trust is the most sacred. year one thousand eight hundred and two, seize the They have charged him with acts highly deroga-ship called the Eliza, about two hundred and eightytory to his character as a man; with transgres- five tons burden, whereof William Ladd was late massions disgraceful to him as a judge; with crimes ter, together with her furniture, tackle, and apparel, ruinous to the interest and reputation of his Gov- I alleging that there had been unladen from on board of |