Mr. TRACY reported from the committee appointed on the 3d instant to examine precedents, and to prepare the forms necessary in the trial of John Pickering, impeached by the House of Representatives of high crimes and misdemeanors; and the report was read.

Ordered, That it be printed for the use of the members.

The Court adjourned to 12 o'clock to-morrow.

TUESDAY, January 10.

The Court took into consideration the report of the committee made yesterday; and, after discusson, and agreeing that the words "Michael McClary, Esq., marshal of the district of New Hampshire," in the first resolution, should be struck out, Ordered, That the report be recommitted to the original committee, further to report thereon. The Court adjourned to 12 o'clock to-morrow.

WEDNESDAY, January 11.

Mr. TRACY, from the committee appointed on the 3d instant to examine precedents, and to prepare the forms necessary in the trial of John Pickering, impeached by the House of Representatives of high crimes and misdemeanors, made report in part, which was read; and, after progress, The Court adjourned to 11 o'clock to-morrow morning.

THURSDAY, January 12.

The Court resumed the consideration of the report made yesterday.

On motion, to fill the second blank in the form of the writ of summons, prescribing the day on which the defendant shall appear, with the words "second Tuesday of December next," it passed in the negative-yeas 6, nays 21, as follows:

YEAS-Messrs. Bradley, Brown, Condit, Jackson, Plumer, and Samuel Smith.

ments, articles of impeachment against you the said John Pickering, charging you with high crimes and misdemeanors, therein specially set forth in the words following, viz: [Here insert the articles] And did demand that you the said John Pickering should be put to answer the accusations of high crimes and misdemeanors, as set forth in said articles; and that such proceedings, examinations, trials, and judgments, might be thereupon had, as are agreeable to law and justice. You, the said John Pickering, are therefore hereby summoned to be and appear before the Senate of the United States of America, in their capacity of a Court of Impeachments, at their chamber in the City of Washington, on the second day of March next, then and there to answer to the said articles of impeachment, and then and there to abide by, obey, and perform, such orders and judgments as the Senate of the United States, acting in their said capacity of a Court of Impeachments, shall make in the premises, according to the Constitution and laws of the said United States. Hereof you are not to fail.

Witness, AARON BURR, Vice President of the United States of America, and President of the Senate thereof, at the City of Washington, this 12th day of January, in the year of our Lord one thousand eight hundred and four, and of the Independence of the United States the twenty-eighth.

the Senate, and sealed with their seal, and served by Which summons shall be signed by the Secretary of

James Mathers, Sergeant-at-Arms to the Senate, who shall serve the same pursuant to the directions given in the next following resolution;

2d Resolved, That a precept shall be endorsed on said writ of summons, in the form following, viz: United States of America. ss.

The Senate of the United States, in their capacity of a Court of Impeachments, to James Mathers, Sergeantat-Arms to the Senate, greeting: You are hereby commanded to deliver to and leave with John Pickering, Esq., district judge of the district of New Hampshire, if to be found, a true and attested copy of the within writ of summons, together with a like copy of this precept, showing him both; or in case he cannot with convenience

On motion, it was agreed to fill the blank with the words, "second day of March next."

On motion, it was agreed to fill the blank in the clause of the report providing that the Secretary of the Senate advance a sum of money out of the contingent fund, towards the travelling expenses of the Sergeant-at-Arms, with the words "two hundred dollars."

And the report having been further amended, was adopted, as follows:

Resolved, That a summons issue, directed to the said John Pickering, in the form following:

United States of America-sct:

The Senate of the United States of America, in their capacity of a Court of Impeachments, to John Pickering, judge of the district court for the district of New Hampshire, greeting:

Whereas the House of Representatives of the United States of America did, on the fourth day of January, exhibit to the Senate, then sitting as a Court of Impeach

the said summons and precept at his usual place of residence; and in which ever way you perform the service, let it be done at least thirty days before the appearance day mentioned in the said writ of summons. Fail not, and make return of this writ of summons and precept, with your proceedings thereon endorsed, on or before the appearance day therein mentioned in said writ of summons. Witness, AARON BURR, Vice President of the United States of America, and President of the Senate thereof, at the City of Washington, this 12th day of January, in the year of our Lord 1804, and of the Independence of the United States the twenty-eighth. the Senate, and sealed with their seal. Which precept shall be signed by the Secretary of

and he is hereby, directed to pay the necessary expenses 3d. Resolved, That the Secretary of the Senate be, arising upon the process aforesaid, after the same shall be allowed by the President of the Senate for the time being, out of the fund appropriated to defray the contingent expenses of the two Houses of Congress, and the Secretary of the Senate is hereby authorized and directed to advance, out of said fund, to said James Mathers, for his travelling expenses, the sum of two hundred dollars, to be by said James Mathers accounted for in a final settlement for his services.

4th. Resolved, That the Secretary of the Senate do acquaint the House of Representatives of the foregoing resolutions, and deliver to them a copy of the same.

Mr. TRACY, from the committee last mentioned, further reported, in part, and the report was amended, as follows:

Resolved, That whenever application shall be made to the Secretary of the Senate for a subpoena or subpœnas for witnesses, by the House of Representatives, either by their managers of the impeachment, or in any other proper way, or by the party impeached, or his counsel, acknowledged as such, by the Senate, sitting as a Court of Impeachments, he shall issue to such applicant a subpoena, or subpœnas, in the following form, viz :

To [here name the witnesses and residence] Greeting: You and each of you are hereby commanded, laying aside all excuses, to appear before the Senate of the United States, in their capacity of a Court of Impeachments, on the day of at the Senate Chamber, in the City of Washington, then and there to testify your knowledge in the cause which is before said Court of Impeachments for trial, in which the House of Representatives have impeached John Pickering, judge of the district court for the district of New Hampshire, of high crimes and misdemeanors. Fail not. Witness, AARON BURR, Vice President of the United States of America, and President of the Senate thereof, at the City of Washington, this day of, in the year of our Lord 1804, and of the Independence of the United States the twenty-eighth.

Which shall be signed by the Secretary of the Senate and sealed with their seal.

Which subpoenas shall be directed in every case to the marshal of the districts where such witnesses reside, to serve and return.

Resolved, That the Secretary of the Senate do issue twelve subpoenas for witnesses, in the above form, for the use of the said Pickering, with blanks therein for such witnesses as he the said Pickering may think proper to summon, which subpoenas shall be delivered by the Sergeant-at-Arms to him at the time he shall serve the summons aforesaid, on the said Pickering.

On the question to adopt this report, as amended, it was determined in the affirmative-yeas 23, nays 5, as follows:

YEAS-Messrs. Anderson, Armstrong, Baldwin, Bradley, Breckenridge, Brown, Cocke, Condit, Ellery, Franklin, Logan, Maclay, Nicholas, Pickering, Potter, Israel Smith, John Smith, Samuel Smith, Stone, Tracy, Wells, White, and Worthington.

NAYS-Messrs. Adams, Hillhouse, Olcott, Plumer, and Venable.

Ordered, That the Secretary lay these resolutions before the House of Representatives.

The Court adjourned to 12 o'clock to morrow.

FRIDAY, January 13.

Form of direction to the Marshal for the service of the subpana. [L. S.] The Senate of the United States of America, sitting as a Court of Impeachments: To the Mar

shal of the district of

You are hereby commanded to serve and return the within subpoena according to law.

and of the Independence of the United States the twenty-eighth.

[From January 13 to Febuary 9 the Court met and adjourned, without transacting any business.]

THURSDAY, February 9.

The following return made by the Sergeantat-Arms, on the summons issued against John Pickering, was filed; also, his return of the subpœna served upon Michael McClary, to wit: United States of America, ss.

I, James Mathers, Sergeant-at-Arms to the Senate of the United States, in obedience to the within summons, did proceed to the house of the within named John Pickering, on the twenty-fifth day of January, in the year one thousand eight hundred and four, and did then and there leave a true copy of the said writ of summons, together with a true copy of the articles of impeachment annexed, with him the said John Pickering. JAMES MATHERS. United States of America, ss.

I, James Mathers, Sergeant-at-Arms to the Senate of the United States, did, on the twenty-sixth day of January, in the year one thousand eight hundred and four, proceed to the house of the within named Michael McClary, and served this subpoena by reading the same, and leaving with him a copy thereof.

JAMES MATHERS.

The Court adjourned to 12 o'clock on Monday next.

MONDAY, February 20.

The returns of the Sergeant-at-Arms on the writ against John Pickering was read; also, the return on the subpoena issued in the case of Michael McClary, marshal of the district of New Hampshire.

The Court adjourned to 12 o'clock on Monday

next.

[The Court met daily, but no business reported on the Record till]

THURSDAY, March 1.

Mr. TRACY, from the committee appointed to examine precedents, and to prepare the forms necessary in the trial of John Pickering, made a report, which was in part adopted.

The Court adjourned to 12 o'clock to-morrow.

FRIDAY, March 2.

The PRESIDENT administered the oaths prescribed to Messrs. JOHN SMITH of New York, SUMTER, and WRIGHT.

The report of the committee, appointed to examine precedents, and to prepare forms necessary in the trial of John Pickering, impeached of high crimes and misdemeanors was resumed, and sundry amendments agreed to; and the report was adopted, as follows:

wholly deranged, and altogether incapable of transacting any kind of business which requires the exercise of judgment, or the faculties of reason; and, therefore, that the said John Pickering is incapable of corruption of judgment, no subject of impeachment, or amenable to any tribunal for his actions.

That this derangement has been constant and permanent, every day of his life completely demonstrating his insanity; every attempt for his relief, which has been prescribed by the Faculty, who have been consulted on his case, has proved unavailing, and his disorder has baffled all medical aid.

Your petitioner is well aware that the most conclusive evidence of the aforegoing fact would result from an actual view of the respondent, which unfortunately, by reason of his great infirmities cannot now be, but at the hazard of his life-he is wholly unable at this inclement season to support the fatigue of so long a journey; yet if the respondent's life be spared, and his health in any degree restored, it will be the endeavor of your petitioner, that the said John shall make his personal appearance before this honorable court at any future day they shall think proper to assign.

Your petitioner will be able to show, any pretence to the contrary notwithstanding, that the decisions made in the cause stated in the first article of impeachment, although not the result of reflection, or grounded on any deductions of reason, were, nevertheless, correct, perfectly consonant to the principles of justice, and conformable to the laws of the land; and the refusal of the said judge to grant the appeal claimed by the said John S. Sherburne, in behalf of the United States, was not against law, or to the injury of the public revenue, as the third article of the impeachment supposes; there being no law to warrant such appeal in such a case.

While, with deep humility, your petitioner admits and greatly laments the indecorous and improper expressions used by the said judge on the seat of justice, as mentioned in the last article of impeachment, he will clearly evince the injustice of that part thereof which respects his moral character, and show abundantly, that from his youth upward, through a long, laborious, and useful life, and until he was visited by the most awful dispensation of Providence, and the most deplorable of all human calamities, the loss of reason, he was unexceptionable in his morals, remarkable for the purity of his language, and the correctness of his habits, and the deviations in these particulars now complained of, are irresistible evidence of the deranged state of his mind.

When this high and honorable Court shall take into their consideration the situation of this respondent, oppressed with infirmity, incapable of making arrangements for his defence, the inclemency of the season, his great distance from the place of trial, and the shortness of notice—when your honors reflect on the high and atrocious crime with which he stands charged; in the decision of which is involved, not his life, (indeed his remains of life would be but a slender sacrifice,) but that which, to an honest mind, is more dear than life itself, his good name-when you advert to the consequences attached to a conviction; the indelible stigma which will befall a numerous family whose only patrimony was the unsullied reputation of their parent, which they have ever cherished, and of which they fondly, perhaps too fondly, hoped, no time, or circumstance, or adverse fortune could deprive themwhen your honors shall think of these things, your petitioner has strong confidence that the wisdom and justice of this Court will permit a respondent,

whose integrity until now has been unexpected; who has sustained offices high and honorable, through a long life, and the general tenor of whose character and conduct has hitherto furnished him with a coat of armor against the assaults of his enemies, but who is now incapable of defending himself, to be defended by his friends.

Audi alteram partem is a maxim held in reverence wherever liberty yet remains. The Senate of America will be the last tribunal on earth that will cease to respect it; they will never condemn unheard; they will never refuse time for a full and impartial trial.

That time, that impartial trial, your petitioner prays for; the charity of the law presumes the innocence of the respondent; and your petitioner, also, respectfully entreats that, in the meantime, and more especially as the evidence on which the impeachment is founded, was taken ex parte, no unfavorable impressions may be made on the minds of this honorable Court, by any report or extra-judicial representations which may have been made on the subject before them.

JACOB S. PICKERING.

Letter of Robert G. Harper.

SIR: Mr. Jacob S. Pickering, the son of Judge Pickering of New Hampshire, has forwarded to me, through one of his friends here, the enclosed petition, with a request that I will lay it before the Court of Impeachments, and will appear on his part, if permitted, and support the prayer of it. I am also furnished with several depositions, showing that Judge Pickering, from bodily infirmity, and total derangement of mind, is wholly incapable of appearing before the Court at this time, of making a defence, or of giving authority to any person to appear for him.

The process of subpoena heretofore issued by the Court not being compulsory, and Judge Pickering's narrow circumstances not enabling his son to defray the expenses of the witnesses whose testimony it is important for him to produce, it was judged necessary to serve the subpoena. The object of the petition is to obtain a postponement of the trial, and either compulsory process, or an order to take depositions, which may be received in evidence. Be pleased, sir, to lay the petition before the Court, and to inform me whether I shall be received to appear on the part of the petitioner, Mr. Jacob S. Pickering, in its support. In that case I will attend in the capacity of agent or counsel for the petitioner, and submit to the Court the reasons and proofs with which I am furnished in support of his application.

With the highest respect, I have the honor to be, sir, your most obedient very humble servant,

ROBERT G. HARPER.

honorable Court in the case now before it, Į Mr. President: Before I proceed to address this think it proper to repeat explicitly what is stated in the letter just now read, that I do not appear as the counsel, agent, or attorney of Judge Pickering, or by virtue of any authority derived from him, he being in a state of absolute and long-continued insanity, can neither appear himself nor authorize another to appear for him. I present myself to this honorable Court, at the request of