after a short consultation, and declaring that the sentence was mitigated in consideration of the defendant's circumstances, proceeded to adjudge,

That the defendant be imprisoned for three months; that he pay a fine of two hundred dollars; and that he stand committed until this sentence be complied with, and the costs of prosecution paid.*

* For a discussion of the question of jurisdiction involved in this case, see ante, p. 85, et seq. Judge Chase's course appears to have greatly surprised not only the bar but the community; and several years afterwards Mr. Wolcott, in a letter to Mr. King, (2 Gibb's Life of Wolcott, 78.) attributes the popular doctrine of the unconstitutionality of the sedition law, to what he not very courteously calls the "persuasions" of the "metaphysical" Virginia lawyers, who led Judge Chase into the belief that the United States had no common law. But the oddest part of the case is that though Judge Chase expressly denied that there was jurisdiction, and though there must have been at best a divided bench, the court, "after a short consultation," imposed a sentence of unequivocally common law stamp. The most rational interpretation is, that Judge Chase had used this "short consultation" to acquaint himself with the views of his brethren on the supreme bench, about which, after Henfield's case, there could then have been no doubt. Chief Justice Jay, it is true, had left the bench, but that his successor, Judge Ellsworth, entertained similar views on this great question, abundantly appears from his ruling in the case of Isaac Williams, post-In Lynels v. Clarke, 1 Sand. Ch. R. 651, is to be found a very lucid exposition of the law on this question by ViceChancellor Sanford.

HOUSE

JYFORD

ARY

IMPEACHMENT

OF

WILLIAM BLOUNT,

A SENATOR OF THE UNITED STATES,

FOR MISDEMEANOUR.

IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.*

Monday, the 3d of July, 1797. A message in writing was received from the President of the United States, by Mr. Malcom his Secretary, as followeth:

Gentlemen of THE SENATE AND

GENTLEMEN OF THE HOUSE OF REPRESENTATIVES,

"THE whole of the intelligence which has for some time past been received from abroad, the correspondence between this government and the ministers of the belligerent powers, residing here, and the advices from the officers of the United States, civil and military, upon the frontiers, all conspire to show, in a very strong light, the critical situation of our country. That Congress might be enabled to form a more perfect judgment of it and of the measures necessary to be taken, I have directed the proper officers to prepare such collections of extracts from the public correspondences as might afford the clearest information. The reports made to me from the Secretary of State, and the Secretary at War, with the collection of documents from each of them, are now communicated to both houses of Congress. I have desired that the message, reports and documents, may be considered as confidential, merely that the members of both houses of Congress may be apprised of their contents, before they shall be made public. As soon as the house shall have heard them, I shall submit to their discretion. the publication of the whole, or any such parts of them as they shall judge necessary or expedient for the public good.

United States, July 3d, 1797.

JOHN ADAMS.”

See Report of the Committee of the House of Representatives of the United States, appointed to prepare and report articles of impeachment against William Blount, a senator of the United States, &c. &c.-Printed by order of the House of Representatives.

The said message and papers were read, and ordered to be referred to Mr. Sitgreaves, Mr. Baldwin, Mr. Dana, Mr. Dawson, and Mr. Hindman; that they do examine the matter thereof, and report the same, with their opinion thereupon to the House.

Ordered, That the said committee be instructed to report, whether it will be proper to print any, and what part of the said communication, for the use of the members.

Wednesday, 5th of July, 1797. Mr. Sitgreaves, from the committee to whom was referred the message from the President of the United States, of the third instant made a report, in part, which he delivered in at the clerk's table, where the same was twice read and agreed to by the House as followeth :

"That in their opinion, it will be proper to print the whole of the said communication with the documents accompanying it, for the use of the members."

Resolved, That the injunction of secrecy upon the members of this House, so far as relates to the said message, be taken off.

Thursday, 6th July, 1797. Mr. Sitgreaves, from the committee to whom was referred the message from the President of the United States, of the third instant, made a report which was read and ordered to be committed to a committee of the whole House, to-day.

Friday, 7th July, 1797. The House, according to the order of the day, resolved itself into a committee of the whole House, on the report of the committee, to whom was referred the message from the President of the United States, of the 3d inst.; and after some time spent therein, Mr. Speaker resumed the chair, and Mr. Dent reported, that the committee had, according to orders, had the said report under consideration, and directed him to report to the House their agreement to the same. The said report being then read at the Clerk's table, in the words following, to wit:

"Resolved, That William Blount, a Senator of the United States, for the State of Tennessee, be impeached of high crimes and misdemeanours."

The question was taken, that the House do agree with the committee of the whole House, in their agreement to the said report, and resolved in the affirmative.

On motion, ordered, That Mr. Sitgreaves do go to the Senate, and at the bar thereof, in the name of the House of Representatives, and in the name of all the people of the United States, impeach William Blount, a Senator of the United States, of high crimes and misdemeanours; and acquaint the Senate that this House will in due time exhibit particular articles against him, and make good the same.

On motion, ordered further, That Mr. Sitgreaves do demand that the said William Blount be sequestered from his seat in the Senate, and that the Senate do take order for the appearance of the said William Blount, to answer to the said impeachment.

Mr. Sitgreaves reported, That in obedience to the order of this House he had been to the Senate, and in the name of this House, and in the name of all the people of the United States, had impeached William Blount, a Senator of the United States, of high crimes and misdemeanours; and had acquainted the Senate, that this House will in due time exhibit particular articles against him, and make good the same.

And further, That he had demanded that the said William Blount be sequestered from his seat in the Senate; and that the Senate do take order for his appearance to answer to the said impeachment.

Saturday, July the 8th, 1797. A message from the Senate by Mr. Otis, their Secretary:

Mr. Speaker-I am directed to inform this House, that in consequence of their message of yesterday, by the Honourable Mr. Sitgreaves, one of their members, the Senate have caused William Blount to recognize in the sum of twenty thousand dollars, principal, and two sureties in the sum of fifteen thousand dollars each, to appear and answer to the impeachment mentioned in the message of this House, of yesterday: and then he withdrew.

On motion, Resolved, That a committee be appointed to prepare and report articles of impeachment against William Blount, a Senator of the United States impeached by this House, of high crimes and misdemeanours; and that the said committee have power to send for persons, papers and records.

Ordered, That Mr. Sitgreaves, Mr. Baldwin, Mr. Dana, Mr. Dawson and Mr. Harper, be a committee, pursuant to the said resolution. Monday, July 10th, 1797. A message from the Senate by Mr. Otis, their secretary:

I am directed to communicate to this House, certain proceedings of the Senate, relative to the impeachment of William Blount, a Senator of the United States, for the United States, for the State of Tennessee: and then he withdrew.

The said proceedings of the Senate were read in the words following: In Senate, July the 8th, 1797, Resolved, That William Blount, Esq., one of the Senators of the United States, having been guilty of a high misdemeanour, entirely inconsistent with his public trust and duty as a Senator, be, and he hereby is expelled from the Senate of the United States.

On this, Mr. Butler, on behalf of himself, and of Mr. Thomas Blount, the other surety, surrendered the person of William Blount, the principal, to the Senate, and requested to be discharged from their recognizance.

On motion, Resolved, That William Blount be taken into custody of the messenger of this House, until he shall enter into recognizance, himself, in the sum of one thousand dollars, with two sufficient sureties in the sum of five hundred dollars each, to appear and answer such articles of impeachment as may be exhibited against him by the House of Representatives, on Monday next. Attest,

SAMUEL A. OTIS, Secretary.

Ordered, That the said proceedings of the Senate do lie on the table.

Mr. Sitgreaves, from the committee appointed on the eighth instant, to prepare and report articles of impeachment against William Blount, a Senator of the United States, impeached by this House, of high crimes and misdemeanours, made a report, in part, which he delivered in at the Clerk's table, where the same was twice read, and agreed to by the House, as followeth :

That, agreeably to the duty of their appointment, they have been employed in examining a number of the papers of the said William Blount.

That in the course of the examination, circumstances have appeared to induce a belief, that certain other citizens of the United States are concerned with the said William Blount, in the offences which are the ground of the impeachment.

That they have thought it expedient, in pursuance of the powers vested in them by the resolution of the House, to issue their warrants for the arrest of some of these persons, and the seizure of their papers.

That, by reason of the distance at which these persons reside from the seat of government, it cannot be expected that the process issued by the committee, will be returned for some time to come.

That the Executive has also taken measures for collecting evidence to explain the nature and circumstances of the charge against William Blount, which cannot, it is presumed, be received under one or two weeks.

That the committee do not think it expedient to state or exhibit the articles of impeachment, until the result of these different measures shall be known.

Wherefore, and as it is deemed highly important that every effort should be made to unravel and develop a conspiracy apparently so extensive, the committee submit the following resolutions:

Resolved, That the committee appointed to prepare and report articles of impeachment against William Blount, a Senator of the United States, impeached by this House, of high crimes and misdemeanours, be authorized to sit during the recess of Congress.

Resolved, That the said committee be instructed to inquire, and by all lawful means, to discover the whole nature and extent of the offence whereof the said William Blount stands impeached, and who are the parties and associates therein.

Ordered, That Mr. Dana be excused from serving on the committee appointed to prepare and report articles of impeachment against William Blount, a Senator of the United States; and that Mr. Bayard be appointed of the said committee, in his stead.

HOUSE OF REPRESENTATIVES, November 30, 1797.

The committee, appointed on the eighth day of July last to prepare and report articles of impeachment against William Blount, a Senator of the United States, impeached by this House of high crimes and misdemeanours; which committee by a resolution of the tenth day of July last, were authorized to sit during the recess of Congress, and were instructed to inquire, and by all lawful means, to discover the whole nature and extent of the offence whereof the said William Blount stands impeached, and who are the parties and associates therein; make, in pursuance of the latter resolution, the following report:

The committee, having charged themselves with the business to which they were appointed by this House, received, on the 8th day of July, from James Ross, Esq., Chairman of a Committee of the Senate, a trunk belonging to William Blount, containing a number of papers which had been seized in pursuance of a resolution of the Senate au