powers of this court are limited. But the Senate ought to govern themselves by the rules and general principles of law entirely in this impeachment; they have not the power to change the law in this respect, nor to depart from the law. But if they see occasion, with the consent of this House and the President, a law might be made suitable to this case.

Mr. NICHOLAS and Mr. DANA opposing this mode of getting rid of the question, and wishing for the sense of the House to be taken upon it, Mr. O. withdrew his motion.

The yeas and nays were called upon it. After Mr. DANA had read the case of Robert Tresylliam and others, tried before the British House of Lords in the year 1388, in support of his opinion, and Mr. GORDON declared that this case had since that time been highly censured by the English law writers, the yeas and nays were taken on the report, and negatived-69 to 11, as follows:

YEAS-John Dennis, Thomas Evans, Chauncey
Goodrich, William Gordon, Robert Goodloe Harper,
James H. Imlay, William Matthews, Thomas Pinckney,
John Reed, Samuel Sewall, and George Thatcher,
NATS-George Baer, jr, Abraham Baldwin, David
Bard, Bailey Bartlett, Jonathan Bruce, David Brooks,
Robert Brown, Stephen Bullock, Christopher G. Champ-
lin, John Chapman, William Charles Cole Claiborne,
John Clopton, William Craik, Samuel W. Dana, John
Dawson, George Dent, William Edmond, Joseph Eg-
gleston, Lucas Elmendorf, William Findley, Abiel Fos-
ter, Dwight Foster, Jonathan Freeman, Albert Gallatin,
Henry Glen, Andrew Gregg, Roger Griswold, John A.
Hanna, Carter B Harrison, Thomas Hartley, Jonathan
N. Havens, Joseph Heister, William Hindman, David
Holmes, Hezekiah L. Hosmer, Walter Jones, Samuel
Lyman, James Machir, Nathaniel Macon, Blair Mc-
Clenachan, Lewis R. Morris, Anthony New, John Ni-
cholas, Harrison G. Otis, Isaac Parker, Josiah Parker,
John Rutledge, jr., James Schureman, William Shep
ard, Thomas Sinnickson, Nathaniel Smith, Samuel

Smith, William Smith, Richard Dobbs Spaight, Peleg
Sprague, Richard Sprigg, Richard Stanford, Richard
Thomas, Mark Thomson, Thomas Tillinghast, Abram
Trigg, John Trigg, John E. Van Alen, Philip Van
Cortlandt, Joseph B. Varnum, Abraham Venable, Peleg
Wadsworth, Robert Waln, and John Williams.
The report having been negatived,

Mr. SEWALL wished, before the House rose, that they would agree to some positive instructions to the managers of the impeachment, as he was unwilling that a precedent of the kind which the House seem inclined to establish, should lie upon the managers, and he did not think it sufficient for the House to have negatived the report which had been made to them. He wished to have an affirmative vote on the part of the House, as the foundation of their proceedings. He could have wished that the motion had come from another quarter; but as it had not, he would himself move a resolution to the following effect:

"Resolved, That the managers appointed on the part of this House for conducting the impeachment against William Blount, proceed in the prosecution of the said

[H. or R.

impeachment, although William Blount shouid not ap-* pear in person to answer to the same.'

Mr. VENABLE did not know whether there was any propriety or necessity for such a resolution; but if it were to be passed, he hoped it would be amended, by adding to it," provided the Senate shall think proper to proceed with the same," as it appeared to him a question most proper to be determined by the Senate, except a law were passed on the subject.

Mr. SEWALL had no objection to the alteration. Mr. HARTLEY hoped this resolution would not be passed. He saw no necessity for it, as the Senate had a right to act as they saw proper without the interference of this House.

Mr. GALLATIN called for the reading of the message received from the Senate on Tuesday only fact before the House is, that William Blount last. From which, he said, it appeared, that the had not appeared at the bar of the Senate, in pur

suance of the summons which had been served upon him; and the resolution now proposed, if agreed to, would express an opinion that the trial must be proceeded with, though Mr. Blount neither appear by himself or counsel. Mr. G. said, though he had readily voted against the resolution which proposed a delay of the trial until Mr. Blount appear in person, he was not willing to say the trial shall go on at all events. It would be establishing a dangerous precedent. He supposed the managers were already in full possession of the opinion of the House, without any farther resolution on the subject.

Mr. SEWALL did not think the resolution he had

proposed was liable to the objection made to it, as it applies to no other case than the present; nor does it contemplate a proceeding in the trials, except counsel appeared in behalf of Mr. Blount. He hoped, therefore, it would be agreed to.

Mr. CRAIK said, the House was called upon to vote upon a question-all the facts relating to which are not regularly before them, though they it improper not to give any instructions at all, but may have heard them incidentally. He thought leave the Senate to proceed as they think proper, without establishing any precedent.

contain all the facts which are necessary, he hoped gentlemen would amend it so as to be satisfactory, that the managers might receive instructions from the House how to proceed; for he could not concur in the opinion which had been expressed that the whole of the proceedings in this business should be left to the Senate; for, in thus giving up their opinions, the House might surrender in an indirect manner the most valuable privileges of the citizens of the United States, if at any time a Senate shall be found inclined to abuse their powers. The managers on the part of this House, Mr. P. said, would be placed in a peculiarly hard situation, if the House should refuse to instruct them on this subject, as the whole responsibility of the business would lie upon them, and they may hereafter be accused of giving up the best interests of the citizens of the United States, though their intentions are different. Who, said Mr. P.,

Mr. PINCKNEY said, if the resolution does not

meant that description of crime which arises from an interference of individual citizens in the negotations of our Executive with foreign Governments. As every gentleman must be satisfied of the importance of this object, and the propriety of making some provision with respect to it, he trusted it would meet with no opposition. The resolution was in the following words:

"Resolved, That a committee be appointed to inquire into the expediency of amending the act entitled 'An art in addition to the act for the punishment of certain crimes against the United States,' so far as to extend the penalties of the said act, and other penalties, if need be, all persons, citizens of the United States, who shall surp the Executive authority of this Government, by cocamencing or carrying on any correspondence with the Governments of any foreign Prince or State, relating to controversies or disputes which do or shall exist between sach Prince or State and the United States." Ordered to lie on the table.

UNIFORM BANKRUPTCY.

The House then resolved itself into a Committee of the Whole on the bill providing a uniform system of bankruptcy throughout the United States. which, after making some amendments in several of the sections, with scarcely any debate, was wholly gone through by sections; after which,

Mr. Oris moved to strike out of the tenth section, which provides that in case of a bona fide purchase, made from a bankrupt, for a valuable consideration, by any person having no knowledge, information, or notice, of any act of bankruptcy committed, such purchase shall not be invalidated or impeached, the following words, viz:

"Unless a major part, in value, of the creditors, at a meeting to be held upon due notice, shall agree to refund or return to such purchaser the sum of money or other consideration, which he shall make appear that he paid or gave upon such purchase; and, in such case, upon the refunding or tendering such consideration, the assignees shall be entitled to the property sold as aforesaid,

for the use of the creditors:"

And to insert, in their place, the following amendments:

Provided always, That no purchase made bona fide, from such bankrupt, of any personal estate, for a valuable consideration, by any person having no know ledge, information, or notice, of any act of bankruptcy committed or intended, shall be invalidated or impeached after the purchaser shall have bona fide sold and alienated the same without such knowledge, information, or notice, nor unless the assignees shall, within

months after the allowance of the commission, agree to refund or return to the purchaser the sum of money or other consideration, which he shall make it appear that he paid or gave for such purchase; and, in such case, upon the refunding or tendering such consideration, or so much

at

thereof as shall be equivalent to that part of such purchase as remained in the possession of such purchaser the time of such knowledge, information, or notice, the assignees shall be entitled to the estate purchased as aforesaid from the said bankrupt, or to such remainder thereof, for the use of the creditors.

"Provided also, That in case the assignee or assignees of any bankrupt, shall enter upon and claim any

[H. OF R.

lands or tenements, or any interest in lands or tenements, which shall be bona fide purchased of such bankrupt, for a valuable consideration, by any person or persons, not akin to such bankrupt or to his wife, after an act of bankruptcy committed, without any notice, information, or knowledge, of any act of bankruptcy committed or intended, it shall be lawful for the purchaser, or for the person or persons, claiming such lands or tenements from, the assignee or assignees, in the office of the clerk of the by, or under such bankrupt, to file a bill in equity against Circuit Court for the district in which such land or tenements lie, and upon his making it appear to the satisfaction of said court that he has paid a valuable considera. tion for such lands or tenements, or erected or made any buildings or improvements thereon prior to any notice, knowledge, or information, of any act of bankruptcy committed or intended, the said court shall ascertain the amount of the sums thus bona fide paid by such purchaser or claimant, which shall be refunded by the assignee or assignees, within such time as the said court shall order, or otherwise the title of such purchaser or claimant shall not afterwards be invalidated or impeached.

After submitting these amendments, Mr. O. moved for the committee to rise, in order o give time for them to be considered and printed. The motion was carried, and the House rose accordingly.

FRENCH DEBTS.

Mr. WALN presented a petition from a number of merchants and traders of Philadelphia, complaining that by the act prohibiting our intercourse with France, and her dependencies, they are prevented from taking measures to recover large debts which are due to them from those countries, and praying for such alterations to be made therein as shall afford them relief.

Mr. SEWALL moved that this petition be referred to the committee appointed to consider that part of the President's Speech which relates to the extending and invigorating measures for the defence of the country.

Mr. GALLATIN thought the Committee of Commerce would be a more proper reference.

Mr. OTIS said, the committee appointed on the subject of defence, had already had this law under consideration, conceiving it to come within the province of their appointment. If it did not, he wished the House would so determine. This law will certainly require amending during the present session. He had conceived it to be one of the best measures of defence adopted at the last session, and when extended and modified, he believed it would prove one of the best measures of defence which could be entered into at the present session.

of Commerce (being a standing committee) had The question for a reference to the Committee the preference; but this motion having been negatived-46 to 31, the other was put and carried.

IMPEACHMENT OF WILLIAM BLOUNT.

A message was received from the Senate, informing the House that the High Court of Impeachment sat on Monday on the trial of William Blount, and that his Counsel had filed their plea,

H. OF R.]

[DECEMBER, 1798.

"UNITED STATES US. WILLIAM BLOUNT.

"Upon Impeachment of the House of Representatives of the United States, of high crimes and misdemea

nors.

"IN SENATE OF THE UNITED STATES, Dec. 24, 1798. "The aforesaid William Blount, saving and reserving to himself all exceptions to the imperfections and uncertainty of the articles of impeachment, by Jared Ingersoll and A. J. Dallas, his attorneys, comes and defends the force and injury, and says, that he, to the said articles of impeachment preferred against him by the House of Representatives of the United States, ought not to be compelled to answer, because he says that the eighth article of certain amendments of the Constitution of the United States, having been ratified by nine States, after the same was, in a Constitutional manner, proposed to the consideration of the several States in the Union, is of equal obligation with the original Constitution, and now forms a part thereof, and that by the same article it is declared and provided, that In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have

been previously ascertained by law, and to be informed

of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence.' "That proceedings by impeachment are provided and permitted by the Constitution of the United States, only on charges of bribery, treason, and other high crimes and misdemeanors, alleged to have been committed by the President, Vice President, and other civil officers of the United States, in the execution of their offices held under the United States, as appears by the fourth section of the second article, and by the seventh clause of the third section of the first article, and other articles, and clauses contained in the Constitution of

the United States.

"That although true it is, that he, the said William Blount, was a Senator of the United States, from the State of Tennessee, at the several periods in the said articles of impeachment referred to; yet, that he, the

said William, is not now a Senator, and is not, nor was at the several periods, so as aforesaid referred to, an officer of the United States; nor is he, the said William, in and by the said articles, charged with having committed any crime or misdemeanor, in the execution of any civil office held under the United States, or with any malconduct in civil office, or abuse of any public trust, in the execution thereof.

"That the Courts of Common Law, of a criminal jurisdiction, of the States, wherein the offences in the said articles recited are said to have been committed, as well as those of the United States, are competent to the cognisance, prosecution, and punishment, of the said crimes and misdemeanors, if the same have been perpetrated, as is suggested and charged by the said articles, which, however, he utterly denies. All which

the said William is ready to verify, and prays judgment

whether this High Court will have further cognisance of this suit, and of the said impeachment, and whether he, the said William, to the said articles of impeachment, so as aforesaid preferred by the House of Repre

JARED INGERSOLL. "A. J. DALLAS."

The House then went into a Committee on the bill for enumerating the inhabitants of the United States. Mr. DENT in the Chair.

One schedule of the bill reported, orders a designation of the occupation of the inhabitants to be taken, which Mr. GRISWOLD moved to strike out.

Mr. HARPER hoped it would not, as it was a piece of information which might prove extremely useful, particularly in the estimation of any tax that might be proposed to be laid; indeed it would be absolutely necessary in the ascertainment of the amount of the revenue laws; it was the groundwork-the basis of political calculation, on which laws must be founded. Besides it would give the House information of the progress of manufactures and arts, and the Government might, by its fostering care, give the helping hand to the impotent manufacturer, &c The trouble could not be much in making this inquiry; but its advantage may be very great.

would be struck out, as he could not conceive any Mr. DAYTON (the Speaker) hoped the schedule necessity there could be in it; it would cause much unnecessary trouble, and indeed be very uncertain. In New Jersey, he said there were people who some part of the year made it a rule to carry on one branch and at other times another, and some two others; it would be difficult for them to say what branch they followed. It was not merely unnecessary, but would prove injurious. This particularity, he said, was very injurious in the law for the enumeration of slaves, and no doubt, would prove so in this law.

On the question to strike out-yeas 59, nays 33. Some trifling amendments were made, and the committee rose and reported the bill.

The House then took it up, and Mr. HARPER renewed his former argument, urging the necessity of the clause. It was carried in the House in favor of striking out-yeas 38, nays 34.

The bill was ordered to be engrossed for a third reading to-morrow.

THURSDAY, December 27.

The bill providing for the enumeration of the inhabitants of the United States, was read the third