visited grog-shops, and indulged himself in drinking. That now, when he is not under the influence of strong drink, he discovers the clearest evidence of a deranged state of mind.

It has long been an established rule, in judicial courts in Europe and America, that an insane person can not be tried for any crime. If a murderer should become insane, after he was committed to prison, he would not be tried while his insanity remained, or if condemned and afterward become insane he would not be executed.

But in this case this plea was overruled, and he must suffer this cruel sentence.

The House attended in the Senate Chamber, where chairs were provided for them, in the course of the trial yesterday, while the forms of condemnation were passed.

On our return to the House, the report of the Committee for impeaching Judge Chase was called up and passed. The evidence, which had been printed, we had some time before laid on our table. The affidavits were all taken ex parte, but on a careful examination the evidence appeared to me more in favor of the judge than against him. Instead of being guilty of high crimes and misdemeanors, there appears to me no charge of blame.

A high coloring, in some instances, is given by witnesses. who have been, and are, his implacable enemies, but there can be very little doubt, if the judge could have the opportunity to appear in his own defense, all this would be wiped off. The Demo's expected the Federalists would come forward and in long debates would oppose the impeachment. But it was fully ascertained that debating would be to no purpose, and we agreed only to vote and not to debate. Mr. Griswold only rose and stated to the House that the Committee of Impeachment, of which he was a member, never went into an examination of the evidence, never so much as discussed the subject in Committee, and when the Chairman brought in his report he and Mr. Huger, the only Federal members, were not notified to attend, and as it was certain the House were determined to impeach the Judge, it was in vain to make any observations, and he should only call for the yeas and nays. There appeared a solemn awe in the House;

several of the Democrats, who seemed to have some feeling, left their seats-two of my colleagues (Skinner and Bishop). The vote stood-ayes, 73, nays, 32. A motion was immediately made for an adjournment. I have never seen more of spirit and bitter feeling after adjournment among the members. A group of Democrats, it is said, made a pretty violent attack on Mr. Dana for not defending the Judge before the House. His reply, though it might sound harsh, was so appropriate and cutting, I can not forbear giving it to you. After censuring, in strong terms, their favorite work of destruction, he told them the clearest argument had no effect; it was folly to reason with them, for he should just as soon think of "Throwing snow-balls into h-ll, to put out the fire, as to convince Democrats by reasoning."

CAPTAIN FITCH POOLE.

I am your affectionate parent,

M. CUTLER.

WASHINGTON, March 20, 1804.

My Dear Sir:-I have time only to write you a very few lines, and just to inform you my son, Ephraim, has concluded not to go on to Hamilton, at this time, but will set out, in a day or two, on his return.

A bill has passed the second reading in the Senate to remove the seat of government to Baltimore, and making provision for transporting the public offices, and providing the necessary public buildings. When Congress is once mounted on wheels, and set a rolling, I believe it impossible to say where the government will roll to, and when it will stop. Mr. Dawson has offered a motion to the House for re-ceding this territory back to Maryland and Virginia. What reasons have been given I have not heard, as we have not taken the matter up. It is believed the one which operated the most powerfully is, that this city has the misfortune to be called after the name of Washington. The people of this city are, as might be expected, extremely irritated. If these measures should be carried, which I can scarcely think possible, we may have a little specimen of that kind of government these exclusive friends of the people are advocating-mobocracy-before we we leave the city.

You have received the painful intelligence of the loss of the frigate, Philadelphia. A petition from a large number of the citizens of Philadelphia has just been read and committed, praying government to take immediate measures for liberating these unfortunate captives. Whether any energetic measures will be adopted, with respect to the state of Tripoli, is very doubtful. Your affectionate parent,

M. CUTLER.

Mar. 7, Wednesday. At the Hall. Randolph made a whining, coaxing, threatening, and personally abusive speech, on his string of Georgia resolutions.

Mar. 8, Thursday. Wind very high, dust in clouds. Went to Holt's Garden; got a variety of seeds. Amt., 100 cents. House adjourned early, to attend the funeral of General (Daniel) Heister. Procession walked from Lovell's Hotel, where he died, round President's Square. The corpse carried on through Georgetown to Hagerstown, where he lived. His wife present-he had no child. House voted mourning for one month. Biscuit and wine provided, for the members to refresh themselves, at Lovell's.

Mar. 12, Monday. Attended at the House. Judgment passed on Judge Pickering.

Mar. 13, Tuesday. At the House. We agreed to adjourn on the 26th.

Mar. 14, Wednesday. At the House. Cold and fair. This evening my son Ephraim arrived from Marietta, and took lodgings here. His arrival a great relief to my mind.

Mar. 15, Thursday. With my son most of the day. At the Hall some of the time.

Mar. 16, Friday. At Holt's Garden, procured a chrysanthemum root for 12 cents. Attended at the Hall. Mar. 17, Saturday. Ephraim went to Alexandria. Attended Hall.

Mar. 20, Tuesday. Busy with Ephraim. Went to the Hall. Call of the House at 4 o'clock.

Mar. 21, Wednesday. Call of the House at half past ten. The call commenced before the time. Upward of twenty of

us came to the door just as it was locked. By most of our watches it wanted several minutes of the time the call was to take place. We retired to a committee room, and went in a body into the House. After some fuss about it, the call for the remainder of the session was rescinded.

Mar. 22, Thursday. Ephraim set out on his return to Ohio. Went to Alexandria. At the Hall. Finished reading the 2d vol. of Gibbon's Roman Empire.

Mar. 23, Friday. At the Hall. ham. Obtained copies of Hoxie's of his Machine.

Letter from Major Burndescription and drawings

Mar. 24, Saturday. At the Hall. At Georgetown, sold a machine for $20-received the cash. Preparing for my journey.

Mar. 26, Monday. Attended at the House. Did very little; very much in confusion. Galleries extremely full of people. Caricature of Wright, with the Capitol on his back, traveling off, and calling to Dayton to help; reply, "I will see you hanged first." People crying from the windows, "Stop thief!" A great loaf of bread, or, rather, a great many small loaves, arranged one after the other. Great fuss. President there. Music. Bakers dressed in white jackets and pantaloons, and white aprons. Had in the Capitol wine, cheese, etc. Effigies of Wright, Randolph, and others, prepared to be burnt. The head men, it was said, were arrested by the order of the Senate. These, it seems, were some of Duane's "Untied Irishmen." Duane's mistake in putting the t the wrong side of the i, for United, made them Untied Irishmen. House and Senate rescinded the resolution to adjourn to-day. We sit to-morrow.

Mar. 27, Tuesday. House adjourned at eight in the evening, after a report from the President that he had nothing to communicate, and from the Senate that they were ready to adjourn, to meet on the first Monday in November next. Settled all bills, and ready to start.

CHAPTER XVII.

FOURTH SESSION IN CONGRESS-DIARY, 1804-LETTER FROM THOS. CUSHING -LETTERS TO HIS FAMILY-DIARY, 1805-TRIAL OF JUDGE CHASELETTERS.

Nov. 5, 1804, Monday. Arrived at Washington at 4 P. M. The House had met, formed a quorum, and adjourned. Senate had not a quorum. Went to the Capitol, and took my old seat. But we are now to sit in the Library, which is fitted up for the reception of the House, as the other wing was not finished. Went to Mr. Speak's, where I dined, and found Colonel Hough, Mr. Claggett, Chamberlin, and Chittenden.

Nov. 6, Tuesday. Attended House. Senate not a quorum. Find myself well accommodated at Mr. Speak's, with a snug room by myself.

Nov. 7, Wednesday. Senate made a quorum. House adjourned early. Fair held in the city for three days. This morning, paid the homage of my high respects to his Democratic Majesty, the President, and was very graciously re

ceived.

Nov. 8, Thursday. At 12 o'clock, the President's Secretary brought to the two houses the Message. It was immediately read in our House. Sent off a large number to my friends.

Nov. 9, Friday. Adjusting matters in my chamber, where I abound in conveniences, so far as my little apartment will admit. Wrote letters.

Nov. 10, Saturday. The House did not sit. Went to Georgetown. Called on Mr. Balch and Mr. King. Borrowed of Mr. King 5th and 6th vols. of Harvey.

Nov. 11, Sunday. Attended worship at our Hall. Mr. McCormick preached a very good sermon on Charity-the good Samaritan. At 3, service was attended in the Court Room, and a Mr. Spear, from the town of Greensburg, Westmoreland County, Pennsylvania, preached an excellent sermon