Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-03-17

On motion of Mr. Nicholson, the house
.of Representatives dire:ted the managers
to attend on the trial
The managers having accordingly re-
paired rthe Senate cif.nbcr. the house
OF Representatives adjourned with the
view, it was understood, of attending the
trial.
The Senators were ranged on each side
Of the ch2ir ofthe President. Tue mana
gers were placed in front and on the RIGHT
of the chair; and seats were assigned in
the same line on the leFt for the accused
and MS counsel. Additional seats on the
elevated area of the Senate were assigned
ior ladle.. Between the senators and the
MANAGERS seat was allotted Tor the Speak
er of the house.
About half past one O'Clock the name of
John Pickering was called three times,
without any answer being given. The
President (M7. Burr) then stated that he
had received letter from Robert @. Har-
per, and . petition from - Pickering,
son of John Pickering impeached; which
were read by the clerk. The petition re-
presents that John Pickering is insane,
and could not, from the state OF his health,
attend without endangering his life, and
therefore prays poslponement OF the tri-
al. The letter of Mr.. Harper contained
an offer OF his professional services in sup.
port OF the prayer OF the petitioner.
These papers being read, he President
desired Mr.. Harper total,e the seat assign-
cd for the counsel oC the accused.
MIR. Harper, having taken ms seat, rose
and stated that he appeared, not at
the instance ofJohn Pickering, from whom
ne had received no authority to appear,
bnt from desire TO support the petition
offered by hrs son, To aid the defence of
the accused, and in case TIE Senate, not
with;tanding his non-appearance, should
proceedtotrythe articles of Impeachment,
preferred against him, and should permit
him to AXE 4 part in the proceedings with
out thereby implicatng any acknowledge
ment, On the part OF the accused, OF their
validity.
Mr., Nicholson, on behalf of the mana
gers observed that, in his op;sion, Mr..
'ick@r''.s -'''.iG on,Y aPPear ~ himself ..
~ counsel; chat Mr. ha;psr could only,
therefore, he admitted 20 a hearing in tbs
ex7r:isc Of the right ofcounsel for the &C.
cuscd; and as he disc'smcd all authority
from Mr.. Pickering, in MS opinion, he
could not DC allowed TO take part in the
trial.
Several additional remarks, inforcinr
the sane opinion, were expressed by Mess.
9. W. Campbell, Rodney, Early and J.
Randolph.
hIr. Harper enqlircd whether it would
BE regular in him to r@ply to these re-
marks.
/ The President said it would not--and
immediately airer put the question to the
Senate whether Mr.. Harper should be
heard IN support OF the prayer of the pc
tition OF Pickering.
Whereupon the SENATE retired to a pri-
vste chamber; FROM which they returned
shout three O'Clock, when the President
advised the managers that, the Senate
would take further time to consider the
question before them, aud would make
( them acquainted ~.b their decision.
March 7.
The Senate, in their capacity of }lizh
Court OF ImPsschments, hsging bqcn en-
gagged with closed doors, on the motion
d "'e'S " HsI' si~tpC'J SihCS fiddy SHI
alter discussion, which occupied nearly
the whole ofthe day, ana the two ensuing
day s,opensd their doors OF Monday, when
the following decision was made BY Yea.
and Nays; viz.
On the que5tion--will the court hear G.
violence and counsel respecting the insani-
~ oEJohn Pickering, upon the sugge,t.ors
contained in the petition Of Jacob s. Picker
ms aud the letter OF Robert G.. Harper.
/ The said question was carried in the az
/ irmaliye. Yeas l6---Nxys ~.
/ At - o'clock on INes92y the court was
opened, and IN a short time theresficg the
Managers, and Mr.. Harper appeared and
! took their seats.
rhe President stated the foregoing de-
/ cison.
/ Mr.. Nicholson, in behalf Of the mama
gers, SAID he vas instructed TO ask for the
reading cfthe proceedings Of the court Oh
the last day Of its sitting.
/ The clerk having read the record. by
which It appeared that John Pickering
had been called three times without sp-
( pearing,
Mr.. Nicholson enquired at what point
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