tKfje ILibrarp of tfje Wini\ytt^iiV of iSortl) Carolina Collection of i^ortf) Caroliniana C.3 C75 C.3 UNIVERSITY OF N C, AT CHAPEL I iilllillllilllilil 00032193750 THIS NILE HAS BtLiN r/iiCROFILMED This book must not be f-aken from the Library building. Form No. 471 ►^t-'^y 4^' SOME ACCOUNT LIFE AND SERVICES WILLIAM BLOUNT, AX OFFICER OF THE REVOLI'TION ARY ARMY, MEMBER OF THE CONTINENTAL CONGRESS, AND OF THE CONVENTION WHICH FRAMED THE CONSTITUTION OF THE UNITED STATES, ALSO GOVERNOR OF THE TERRITORY SOUTH OF THE OHIO RIVER, AND SENA- TOR IX CONGRESS U. S. 1783-1797. TnCF-TIIKIl WITH A FULL ACCOUNT OF HLS IMPEACHMENT AND TRIAL IN CONGRESS, AND HIS EXPULSION FROM THE U. S. SENATE. Gen. Marcus J. Wright. J . GRAY, PUBLISHER W A S H I .V G T O N , U . C . Entered according to Act of Congress in the year 1884, By E. J. GRAY, in the Office of the Librarian of Congress. PREFACE. Among the pioneer patriots of the territory south of the Ohio, v,-]\o asserted the riglits of its settlers both in council and in the field, none deserve more grateful rcmcmljrance than A\'illiam Blount. After a careful study of his life and character, I do not hesitate to say that in breadth of intellect, deep thought, untiring activity, intrepid perseverance, and broad patriotism lie had few equals and no superior among his colleagues. lie united in his character the gentleman, the soldier, the states- man and the citizen ; and all in the most perfect harmony of those ■qualities which challenge admiration in both public and private life. Defamed and traduced for a brief time in his life by the fol- lowers of a strong partizan administration under which his service as senator commenced; expelled from his seat in a manner so hasty and on evidence so slight that its reading now excites wonder, he never failed to retain the fullest confidence of the people of Ten- nessee, who demonstrated it by placing liini afterwards in the highest positions of trust in the State. The great and unparalleled growtli of the country ; the startling events which have occured, notably among them our great civil war ; and other causes have prevented such examination and pub- lication of the services and sacrificJes of our pioneers, and their great results, as is due to them and to the truth of history. It is with this view that the writer (or rather com[)iler) has undertaken this sketch of the life and services of Governor Blount. A careful perusal of his history has led me to attempt in an humble Avay to do justice to the life and character of a man whose great and divcr- silicd public services were rendered in a field so broad, and at a time so marked with important events, (l)ut succeeded in later years by a civil revolution of such magnitude,) that he and those who served the country with him have been relegated to almost ob- livion. Governor Blount lived in an age when conspicuous merit alone secured commanding influence. It was among the most independent, adventurous, self-reliant individualisms in history. ^ His brilliant qualities pointed to him as one of the leaders in tlic O '<^ grand march of civilization that \Yas grachially unfolding itself in the great valley of the :Mississippi. Tlie race that ha^ ever moved over ocean and mountain had scaled the Alleghanies and taken possession of the fertile plains of the mighty \yest. There it met every privation and ol^struction that isolation and a barbarous foe could oppose. Thrown into new scenes, far from the support and succor of their government, they had to rely upon their own genius for their laws and protection. Thus relieved of all dependence upon old prejudices and methods, they devised institutions suited to their own happiness. Every en(>rgy of body and mind was stimulated into vigorous life. It was auiirvals from 1780 to 1700.— ^Fember of the Conti- nental Congress in Us:', and 17S4 and ajrain in 178G and 1787. — A delcjjate from North CaroHna to the Convention which framed the Federal Con.'^titution in 1787.— A ]nend)er of the State Conven- tion whieh ratitied that instrument in 1780. — Favors the cession to tlK- United States of the territory now Tennessee. — Takes great interest in the affairs of the western settlers. — Makes the treaty with the Cherokees at Hopewell. — Also the treaty at the same place with the Choetaws and Chiekasaws. — The State of Frankland. — CJovernor ])lonnt eonimissioned by President Washington as Gov- ernor of the Territory in 170(1.— Appointed also Superintendent of Indian allairs, embracing the Cherokees, Creeks, Chocktaws and Chiekasaws. — His personal character. — The family from Avhich he descended had given birth to tliree distinct races of peers. — Ge- nealogy of the family brought down to Governor Blount. — Gov- ernor Blount organizes the territorial government at his headquar- ters in the fork of the Ilolston and Watauga. — John Sevier and James Robertson commissioned Brigadier-Generals. — Governor Blount visits the settlements and inquires into the condition and wants of the people. — ITis labors in his double office of Governor and Superintendent. — The seat of Government estal)lished at Knoxville. — Domestic life. — Tennessee admitted as a State. — Gov- ernor Blount elected a memlier of the Convention which framed the Constitution. — Chosen President of that body by a unanimous vote. — Elected United States Senator by the first Legislature of the State in 170G. — A full and complete account of his expulsion from the Senate and of his impeachment and trial before that body. — The people of Tennessee resent this treatment to their representa- tive. — His enthusiastic reception at home and new honors con- ferred upon him. — His vindication. — Honors to his memory. CHAPTER I. Gciicalogij of the Blount Family — Battle of Alamance, 1771 — Willie Blount a Judge of the Supreme Court of Tennessee and afterwards Governor — Member of Constitutional Convention of Tennessee, 1834. Marriage of William Blount to Mary Grainger — Sketch of Colonel Cabell Grainger — Cession of Territory by Xorth Carolina called the Territory South of the Ohio River — William Bloxnt appointed by President Washington Governor of the Territory, 7th August, 1790, and Superintendent of Indian Affairs — Sketch of the English fi mil y from which he descended. WILLIAM nLOUNT. " Colonel Jacol) Blount, the son of Thomas Blount and his wifo, Elizabeth Reading, was born in 1726, in Bertie County, Xorth Carolina. lie was married in 1748 to Barbara, daughter of Jolui Gray, a Scottish gentleman who, with his wife, Ann Bryan, (.'anie over in 1734, in the suite of Gabriel Johnston, the Royal G(tvernor of the Province, and settled in Bertie County. Jacob Blount, by his marriage with Barbara Gray, had eight children, of whom William, afterwards Governor, was the oldest. By a subsequent marriage with Hannah Baker, daughter of Edward Salten, he had five other children, one of whom, Willie, was Governor of Tennes- see from 1809 to 1815. Jacob Blount died in 1789, at Blount Hall, his country seat in Pitt County, to which he had removed, and which is now the property of his grandson, George Blount. He was a man of promi- nence and popularity in his days, and was a member of the War Congress of North Carolina in 1775 and 177G. He and his son William participated in the famous batth- of Al- lamance in 1771. Of his thirteen children these nine reached mature age, namely: William, afterwards Governor ; Anne, wife of James Harvey ; Jolm Gray; Louisa, wife of Richard Blackledge; Reading, Thomas, Jacob, Willie, afterwards Governor, and Sharpe. William, afterwards Governor, was born in Bertie County, March 26, 1749. His brothers, Thomas and Reading, were like himself, leading spirits in the Revolutionary War, and were officers in the O LIFE OF WILLIAM BLOUNT. military service. They and their brother John G. wore all at dif- ferent times members of the General Assembly, or of the War Congress which sat during the early part of the struggle. Thomas was taken prisioner and carried to England, where he underwent a long confinement. He was afterwards and for many years a member of Congress from the Edgecoml") District, up to his death in 1812. John G. and Reading resided in Beaufort County, where they reached influential positions and were held in high estima- tion, and have left many descendents, who honorably represent their names and lienage. Willie became a judge of the Supreme Court in Tennessee, and afterwards Governor. He Avas a member of the Constitutional Convention of 1834, and died soon afterwards at his residence in Clarksville, greatly revered by the community. As Jacob Blount, the ftither of this large family, was a man of considerable estate, his children were educated in a manner corres- ponding to his ample means and to his high local position. William- who had already become a rising man, was married Febuary 12, 1778, to Mary, the daughter of Colonel Caleb Grainger, of Wil- mington, a member of the General Assembly t-om New Hanover County. William was generally a member of that body from 1780 to 1790 and contemporaneously with that service was a mem- ber of the Continental Congress in 1783 and 1784, and again in 1786 and 1787. He represented North Carolina in the Convention which framed the Federal Constitution in 1781, and was in the State Convention which ratified that instrument in 1789. He was an ardent friend of the act passed in 1789 for the cession to the United States of the western domain, now Tennessee. L,-During these years of constant and varied public service, he took great interest in the affairs of the Western Settlers, and warmly sympa- thized with them in their difficulties with the Indian tribes. As the special agent of his State he was present in licr behalf at the treaty made with the Cherokees at Hopewell, on the Howe, Xd- vember 28, 1785. In the same capacity he attended at tlie treaties made at the same place in January, 1786, with the Clioc- taws and Chickasaws. The generous cession of her territory by North ( "arolina, was made for the three-fold purpose of cementing the Union, of assisting lo pay the public debt, and of ensuring the protection of the inhabit- ants of that portion of the State. The bold pioneers residing in what is now upper East Tennessee had as early as 1795 set up the in- dependent State of Frankland, which for several years was admin- ministered and partially mainlaiucd in open defiance of North UFi: OK wirj.iAM Hi.orNi-. 9 Carolina, who assorted l)y force her autlmrity in ami over the same region. Many serious conflicts occurred hctwccn ihi' ad- lierents ot" the two Governments. Happily for all parties the cession Act of 1781), followed hy its acce])tanci; l>y (Jongress, on the 21st of April, 1790, opened the way for {lie speedy cure of all three troui)les. Tiie ceded country, wui(-h had been an in- tegral portion of the State of North Carolina an. Sir Robert had command of the Conijueror's shi])S (»f war, and is styled •' Dux naviuni uiili- tarium." He was the lir.st feudal Baron of Ixworth. an\ . riiur in ;uid over the Territory." His time was much engrossed with IncHan agencies, with the manifold civil and military duties connected with his olliee. and in preparing the Territory for self-government. Cnder the fam- ous '" Ordinance of 1787 " which was made generally applicaldc to this Territory, (except as to slavery, which hy the very terms of the Cession Act the I'ederal Government hound itself never to dis- turb,) the TiTritory was entitlee found to be sixty thousand, then the Governor to issue a rei-ouuaendation for the eleeiidii of delegates to meet at Knoxville to form a State Con- stitution. Tlie full number being found, the proclamation was duly issued, and the delegates met at Knoxville on the 11th of .lanuary, 1790. Mr. Blount himself was elected one of the mem- bers, and when the convention met, was unanimously chosen its President. Among the members were Charles ^IcClung, fJeneral .lames "White, Andrew Jackson, General James liobcrtson, and Archiljald Koane, besides many others eminent for wisdom and patriot'lsni. The first of their labors was a con>t^titutioii. wiiich stood unchanged for thirty-eiglit years. CHAPTER HI. John Sevier elected Governor — Electing of General Assembly 2Sth of March, 1796 — William Blount and William Cocke xmanimoushj elected U. S. Senators — Meeting of General Assembly again July 30, 1796, and re-election of Blount and Cocke 2d of August, under decision of Congress that former election was premature — Willie Blount elected Supreme Court Judge — Messrs. Blount and Cocke take their seats in the Second Session of the 4th Congress — Andrew Jackson Representative — The First Session of 5th Congress — Presi- dent Adams on July 3, 1797, sends Confidential Message to Con- gress — Copy of letter from Governor Blount to one Carey sub- mitted with Message — Governor Blount absent at the time, but afterwards comes into the Senate — Questions about the Letter in open Senate — Jlis reply — Copy of the Carey Letter. At the election for Governor under the Constitution, Mr. Blount Tvas not a candidate, and the clioice of the State fell upon the pop- ular favorite, John Sevier. The Legislature met on the 28th of March, 1796, and at that session William Blount and William Cocke were unanimously elected Senators in Congress. The Leg- islature met again on the 30th of July, 1796, and Congress hav- ing in the meantime decided that tlic March election of Senators was premature, because the State had not then been admitted into the Union, Messrs. Blount and Cocke were again elected on the 2d of August. At this session Willie Blount, then only thirty years of age, was elected a Judge of the Supreme Court. The second Session of the Fourth Congress oegan on December 5, 1796, and ended March 3, 1797. Governor Blount took his seat; Mr. Cocke was his colleague and Andrew Jackson was Representa- tive in the lower House. On July 3, 1797, the President, Mr. Adams, sent in a confiden- tial message to both Houses of Congress, in wliicli he stated that the condition of the country was critical. The ground for this alarm seems to have been a letter from Gov- ernor Blount to one Carey, a copy of wliich letter accompanied the President's message. Governor Blount was absent when the letter was first read. He afterwards came into the chamber, and on motion LIFE OF WILLIAM BLOUNT. 15 the copy of the letter was again read, and Governor Blount was requested to declare if he had written it. lie replied that he had written a letter to Carey, hut was unahlc to say whether the copy was a correct one or not, without recurrence to his papers; and he desired to have until the next day to answer. Whcrc'U])()U it was ordi'fcd that the message and papers lie for consideration. The letter to Carey reads as iblK)ws, vi/ : ''CoL. King's Iron Works, '' April 2\, 1797. " Dear Carey: " I wished to have seen you l)efore I returned to Philadelphia, hut I am obliged to return to the session of Congress which com- mences on the loth of May. "'Among other things that I wished to liave soon yiMi ahout was the business Captain Chisholiu moiitiouod lo t!ir Ihitish .Minister last winter at Philadelphia. '• I believe, but am not quite sur(\ that the plan tlion t ilkod of will be attempted this fall, and if it is attempted, it will he in a much larger wa}^ than then talked of, and if the Indians act their part, I have no doubt but it will succeed. A man of conse- quence has gone to England about the business ; and if he makes arrangements, I shall myself have a hand in the business, and shall ]>robably be at the head of the business on the part of the British. You are, however, to understand that it is not yet quite certain that the plan will be attempted, and to do so will require ;dl your management. I say will require all your management, because you must take care in wliatever you say to Rogers or anybody else, not to let the plan be discovered ])y Hawkins, Dinsmoor, Byers or an}^ other person in the interest of the United States or of Spain. "If I attempt this ])lan, I shall expect to have you and all niy Indian friends with me, but you are now in good business I hope, and you are not to risk the loss of it by saying anything that will hurt you until you again hear from me. "Where Captain Chisholm is I do not know. I left home in Phil.idelphia in March, and Kc frequently visited the ]\Iinister and spoke about the 'iubject; but I believe he will go into the Creek Nation by way of South Carolina or Georgia. lie gave out that he was going to England, but I do not believe him. Among things that you may safely do, will be to keep up my consequence witli Watts and the Creeks and Cherokecs generally ; and you must l)y no means say nnvthing in favor of Hawkins, but as often as vou can with safetv IG LIFE OF WILLIAM BLOUNT. to yourself, you may teach the Creeks to believe he is no better than he should be. Any power or consequence he gets will be against our plan. Perhaps Rogers, who has no office to lose, is tlie best man to give out talks againgt Hawkins. Read the letter to Rogers, and if you think it best to send it, put a wafer in it and forward it to him by a safe hand ; or perhaps, you had best send for him to come to you, and speak to him yourself respecting the state and prospect of things. "I have advised you in whatever you do to take care of yourself I have now to tell you to take care of me too, for a discovery of the plan would prevent the success and much injure all parties concerned. It may be that the Commissioners may not run tlie line as the Indians expect or wish, and in that case it is i:)robable the Indians may be taught to blame me for making the treaty. "To such complaints against me, if such there be, it may ])v said by my fi'iends, at proper times and jDlaces, that Doul)lehead con- firmed the treaty with the President at Philadelphia, and received as much as five thousand dollars a year to l)c ])aid to llio Nation over and above the first price; indeed it may with truth \)v said that though I made the treatv, that I made it l)y the instructions of the President, and in fact, it may with truth be said that I was' by the President instructed to purchase much more land than the Indians would agree to sell. This sort of talk will ]:)e throwing all the blame off me upon the late President, and as he is now out of office, it will be of no consequence how much the Indians l)lame him. And among other things that may be said for iiu>. is tliat I was not at the running of the line, and that if 1 had been, it would have been more to their satisfaction. In short, you under- stand the subject, and must take care to give out the proper talks to keep my consequence with tlie Creeks and Cherokees. Can't Rogers contrive to get the Creeks to desire the President to take Hawkins out of the Nation ? for if he stays in {\iv Creek Nation, and gets the good Avill of the Nation, he can and will do great injury to our plan. "When 3^ou have read this letter over three times, then bui'u it. I shall be in Knoxville in -luly or August, when I will si'nd tor Watts and give him the whiskey I promised him. " I am, &c, '• \VM. r.LolXT." The jirececding letter was enclosed in a cover, witli the I'ollow- directions, viz: " Mr. James Carev, TeUieo IMock House."" OHAPTEU IV. Mr. Cudc lays before the Senate a Letter from Mr. Blount— liesolutiona of the Senate on Presentation of this Letter — Report of Mr. Boss — Mr. Blount Ordered by the Vice-President to attend the Senate — Removal of Injunction of Secretary — Farther Report of Mr. Ross — Mr. Blount reads a Resolution — Mr. Blount allowed Counsel — He names as kis counsel Messrs. Jarcd Ingersollf and Alexander G. Dallas — Mr. Blount Declinej to Ansiver to the Authorship of the Carey Letter — Message from the House of Representatives — Mr. Blount enters into recognizance for his appearance icith tu-o sureties, namely Thomas Blount and Pierce Butler. On July 4tli, Mr. Cocke, Senator from Tennessee, laid before the Senate a letter from INIr. Blount, stating that it was neeessary for him (Blount) to have furtlier time for recurrence to his papers and other evidence to remove suspicions. "Whereujion it was " Resolved, That so much of the Message from the President of the United States of the third instant, and the papers accompany- ing the same, as relates to a letter purj^orting to have been written hy William Blount, a Senator from Tennessee, l^c referred to a select Committee, to consider and report what, in their opinion, it is proper for the Senate to do thereon ; and that the said Com- mittee have power to send for persons, papers, and records, relat- ing to the subject committed to them, and that Messrs. Ross, Stockton, Henry, Sedgwick, and Read be the Committee." And it was " Ordered, That the Senate be, for the i)rcseut, under tlie in- junction of secrecy on the papers referred to in the al)Ove-n)en- tioned Message." On July oth, Mr. Ross, from the Conniiittce, made a report and the report Avas read. On the same day Mr. Blount was ordered by the Vice-President to attend the Senate in liis place without delay. It was also ordered that the injunction of secrecy respect- ing the Message and papers be removed. On July 7th Mr. Ross made a further report. AA lureupon Mr. Blount read in his place a declaration, purporting tiiat lie should attend in his own seat, from time to time, to answer to any allega- tions that may be brought against him. On motion of Mr. Blount that he be heard by counsel, not exceeding two, it was ordered 18 LIFE OF WILLIAM BLOUNT. that tlie motion be allowed, and that Mr. Blount be furnished with copies of sucli papers as he might desire. On July 7th, agreeably to the order of the day, the Senate pro- ceeded to the consideration of the report of the Committee. Mr, Blount also notified the Senate that Jared IngersoU and Alex- ander J. Dallas were the counsel he had employed. The President then requested Mr. Blount to declare whether or not he was the author of a letter, a cop}^ of which was commu- nicated on third instant. Mr. Blount declined to answer. After debate it was agreed that the question before the Senate be postponed for the purpose of receiving a special message from the House of Representatives. Hereupon the following message was received from the liouse by Mr. Sitgreaves, one of its mem- bers, viz: "ilf?-. President, I am commanded in the name of the House of Representatives, and of all the people of the United States, to impeach William Blount, a Senator of the United States, of high crimes and misdemeanors ; and to acquaint the Senate that the House of Representatives will, in due time, exhibit particular articles against him and make good the same. " I am further commanded to demand 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 tlic said im- peachment." Whereupon the Senate requestered him from his seat, and ordered that he enter with recognizance in the sum of twenty thousand dollars for himself, with two sufficient sureties in the sum of lifteen thousand dollars each. The condition of the recog- nizance was such that " if the said William Blount shall appear before the Senate of the United States to answer to certain charges of impeachment to be exhibited against liim liy the House of Representatives of the United States, and not depart therefrom without leave, that then the above recognizance shall cease to exist, otherwise be and remain in full force and virtue."' The two sureties who signal wiih (lovcriuu- iJlount wore Thomas Blount and Pierce Butler. On July 8th, after notifying the House of its arliou in the premises, the Senate proceeded to the consideration of the re])ort of the Coiumittee to which the charges against ]Mr. Blount had been referred. The full report of the Committee will be found in Chapter \'. CHAPTER y. Full Report of the Committee on charges agai ad Governor Blount, and Resolution that he had been Guilty of High Misdemeanor and recommending his Expulsion from the Senate — 2he Report Adopted by a Vote of-lo to 1 — Mr. Tazewell, of Va., Casting the only Nega- tive Vote — Review of the hade with which the Senate proceeded, and of the Evidence before if. '"The L'onnnittce 1<> wliom was referred that ]>art of the Presi- ■dent's Message whicli relates to a letter purporting to have been written by William Blount, Esq., one of the Senators from the Stiite of Tennessee, together with the papers accompanying the same, having had the same under their consideration, beg leave to make a further report : " That Mr. Blount having declined an acknowledgement or de- nial of the letter imputed to him, and having fiiiled to appear and irivc any satisfactory explanation respecting it, your Committee sent for the original letter which accompanies this report, and it is in tlie following words, viz:" [Here follows the Carey letter above given.] The report then proeeeds : '* Two Si'uators now present in the Senate have declared to the Committee that they are well acquainted with the handwriting or Mr. Blount, and have no doubt that this letter was written l)y him. Your Committee have examined many letters from ]\[r. Blount to the Secretary of War, a number of which are herewith submitted, as well as the letter addressed to i\Ir. Cocke, his colleague in the Senate, and to this Committ(;e, respecting the business under cqn- sideration ; and find them all to l)e of the same handwriting with the letter in question. i\Ir. Blount has never denied this letter, but; on the other hand, Avhen the copy transmitted to the Senate was read in his presence, on the third instant, he acknowledged in his place that he had written a letter to Carey, of Avhich he harooecd- injT: was his iiupeachineut, of this we have yet tu speak. With iviiaril to Governor Blount's expulsion, there are two facts which especially attract attention. These are first, the haste with which the matter was pressed to a conclusion ; second, the over- ^vhelming vote sustaininii the report of the Committee. These two tacts appearin;^- upon the face of the record wouhl naturally lead the general reader to conclude without hesitation that Mr. lUount was a dangerous traitor and conspirator and that no time Avas to be lost in rendering him powerless for miscliicf The only remark that seems pertinent just in this connection is this ; the Committee relied solely upon the Carey letter as justify- ing their resolution of expulsion. The Committee, however, say ^- The plan hinted at, lan was ! All the matter about Hawkins. Dinsmoor, and Bycrs is evidence of guilt only on condition that the " plan " involved guilt. And what this '•plan" was. the Committee did not pretend to know. But while disclaiming this knowledge and " forbearing ■" in consequence to express any opinion concerning it, they did not I'orbear to pro- nounce Governor Blount guilty. A strange inconsistency and one that gives ground to the suspicion, expressed at the time, that the expulsion resolution Avas rushed through under a panic created to subserve some of the political intrigues of the Adams adminis- tration. At the period referred to, the intrigues of European courts were more familiar to our public men than to their successors of the present day. The United States were then engaged in delicate diplomatic proceedings with England, France, Spain, and also with the Indian Nations, w^liich required great i>rudence and caution. It is not to be denied that American politicians w'cre then moved by the ordinary motives of interest and ambition. It is worthy of remark, however, that " machine " politics were yet unknown and that railroads, oil companies and other monopolies had not yet opened out their seductions. The higliest fame and power was to be acquired in the successful schemes of diplomacy. That secrecy is the prime condition of success in such enterprises has been w'cll understood, at least since the days of Machiavelli, and the Committee made a long leap and arrived at a conclusion totally illogical when they inferred Governor Blount's guilt from 22 LIFE OF WILLIAM BLOUNT. the fiict that he wished his purpose (Avhatcver that was) to be kept concealed from the agents of the United States and of Spain, That would be regarded as a strange process of reasoning at the present day which would infer guilt from secrecy in political aflairs or from the circumstances that a Senator should want one man who was not his friend removed from office to make place for a man who was his friend. Governor Blount made no claim to what is known as modern Christian statesmanship ; but he did claim to be a man of honor and to regulate his official life by those principles which were accepted as honorable by the public men both of England and America ; and judged from these standards and the report of the Committee, the Carey letter was very far from being sufficient cause for his expulsion. CHArTER VI. Gorc-mor BlounVs Sureties Surrender Jlinu and hr enters into a new Reeognizanre — The Dis-parity in the Anion nt af the tuo Bonds — lie Forfeit-^ ///.s' h'rrognizdnee — T/ie Finilnr ('(iiisideration of the Impeach uke id Pustponed until the 2\cxt Session, of Congress — The Seaide Adjourned — The House Committee — Mr. Sltgreetres, Chair- man of the Connnittee, Reports a Resolution of Inipeachrncnt — ■ Opinions of the Attorneij-General, Mr. Ranle, and Mr. Lewis — Mr. (fallal in Criticises their Opinions — The Question of the Liability of a Senator to Impeachment — Sequestration of Gov. Blount on de- mand of the House of Representative.'^. At'ti'i- tlic adoittion of the- cxpulsinu nsoliitioii, (iovernor Blount's sureties sunvndcred liiui and were disehargcd from their reeognizance. On the same day, July Sth, agreeably to an order of the Senate, Governor Blount entered into a recognizance of one thousand dollars for himself, with two sureties of five hundred dollars each, to make his ajjpearanec on Monday, July lOtli to answer such articles of impeachment as miglit he ])referred against him by the House of Representatives. It will be observed that the first recognizance was in the sum of twenty thousand dollars, witli two sureties in the sum of fifteen thousand dollars each. The small amount of the present bond is significant. Did the Senate really believe that Blount was the conspirator they had declared him to be? If so. they were sadly derelict in their duty in not re(]uiring a ImukI sudicicnl lo i)rovide against his further machinations. (i(n-ernor Blount forfeited his recognizance l)y not appearing on tlie 10th instant; and it was ordered that the lurther consideration of the impeachment be ]M)stponed until the next session of Con- gress. The President then adjourned the Senate witliout a day. The Message and accompanying papers sent in July 3d, above mentioned, were referred in the House to a committee consisting of Messrs. Sitgreaves, Baldwin, Dana, Davison, and Hindman, "to examine the matter tiiereof, and report the same, with their opin- ion thereupon to the House." On July 6th Mr. Sitgreaves reported the following resolution : "Resolved, That William Blount, Senator of the United States 24 IJF1-: OF WILLIAM BLOUNT. from Tennessee, be impeached for high crimes and misdemeanors." The same day the Honse resolved itseh" into a Committee of the Whole on this resolution. Mr. Sitgreaves said the President had taken the opiniou of the Attorney-General, Mr. Rawle, and Mr. Lewis upon the Carey letter, and that these gentlemen concurred in tlirce points, viz: 1. Tliat tlie letter is evidence of crime. . 2. Tliat tlie crime was of the denomination of a misdemeanor. o. That William Blount being a Senator is liable to impeach- ment for the said crime before the Senate. Mr. Gallatin criticised pretty sharply tliese opinions and also the course of the President. He said : " He thouglit the answer of these legal gentlemen very curious ; viz : that this letter was evidence of crime ; that this crime was a misdemeanor; and that it was liable to impeachment." When the President asked advice, Avhat he should do, the answer seemed to be a direction to tluit House what they should do ; and this was advice unasked." There was considerable discussion and a variety of opinion among members, both on the question whether a Senator is liable to impeachment at all, and on the further question as the proper mode of proceeding if he should be liable. Such proceedings, however, were had as resulted in the message of the Plouse to the Senate, above given. It is to be remarked that in this message the House demanded the sequestration of Governor Blount and that the Senate sequestered him, witliout protest to the demand. CHAPTER VII. Resolution of the House of Representatives to Appoint a CommiUee to Prepare Articles of Impeachment — Assembly of the Second Session of tlie Fifth Congress at Philadelphia, Nov. 13, 1707 — Mr. Ander- son Appointed Senator from Tennessee in place of Mr. Blount — Mr. Sitravatc'ectator in all these transactions, and has not less experienced my friendshiii. I would not, sir, ask your conde- scension to the perusal of these individual concerns, did they not tend to show the relation in wliich these deponents should con- sider themselves with me. and that, to a violation of good faith, they have added ingratitude. ■■ With great respect I have the honor to I'emain. sir. your most obedient servant, W'ii.i.i.v.m ]<'.\ton."' Hon. Mr. Sitgreaves. This letter, togetlier with the three depositions referred to, are entirely collateral to the sul)ject. but this little episode is interest- ing and pertinent as going to show, among other things, that ap- plicants for i)ul»lic oflicc were of ihe opinion that zeal in volun- teering assistance in the prosecution of (iovcrnor lUount was a recommendation to Executive favor. Doc. No. 1. is a letter from lilount to Romayne, stating : '"I persever<- in my determination respecting a certain business, as expressed to you in New York," dated February D, 171'7. J)or. No. 2, is a letter from Romayneto lilount. It relates prin- cipally to the war in Europe and money matti'rs. It contains this remark : "I have reliected much, since you left me, respecting our ]»lans to the Southward; and tlie more I think on them the more imi")ortant tliey ap})ear to nu' in their consequences." Dated Feb- ruary 10, 1707. CHAPTER X. Continuation oj the Testimony — Letters from Romayne to Blount and Blount to Romayne — Note from Anonymous sender of Romayne^s Letter to Blount of March 15, 1797, to Mr. Pickering, ivritten in the Spanish Language. The next paper is Doc. No. 3, a letter from Romayne to Blount. He writes : " There are letters from Mr. K ; he writes with caution. The only thing he says is, that the Minister's mode for a loan is not popular ; but the result shows that Mr. Pitt has gained his object." March 3, 1797. Doc. 4, is a letter from Blount to Romayne, in which he ex- presses his purpose of going to England and wished to see Ro- mayne. March 7, 1797. Doc. No. 5, is a letter from Romayne to Blount. He says ; " I have read Mr. Adams' speech. I expect the greatest part of his administration will consist of speeches and orations. I fear much that on Saturday commenced an era not very propitious to our country." March 8, 1797. Doc. No. 6, is a letter from Romayne to Blount. He advises him to leave for England secretly. March 9, 1797. Doc. No. 7, is a letter from Blount to Romayne. He says : " I shall certainly attempt to carry our plan into execution, and shall see 3'ou at New York, or some other convenient place, before my departure for Europe, early in May." March 11, 1797. Doc. No. 8, is a letter from Romayne to Blount. He advises Blount a second time to make his departure for England secretly ; not to appear engaged in any commercial or land speculations in , for the reason that it would be " of immense disadvantage if known in respect to your other business, as long as that is pend- ing;" and also informs him that Mr. King has a personal di.erty must fall in these United States, it is well to give it this turn among the AVestern peoj)le ; it will be well to say that the mouth of a certain river will l)e shut against all Americans. It might answer to get some meetings of the people to instrucf Congress against the I'leneh gi'tting the S](anish ces- sion, etc. You may inllanie the minds of the people in a certain way, so as not to let out any of our plan, and yet put things in such a situation as will make our jilan, when it takes i>lac(>, ap- pear as a salvation of the ]>eople. or, a.s " Common Sense'' was in 177G ; for ground must beiirepan-d before seed will bear properly; all the fermentation you can make to the Southward, respecting the change of possession, t^L'c.the better ; when it is in your hands it will be well done. "With respect to the I'nited States, we are to be [ ] upon and degraded, or I am deceived o4 LIFE OF WILLIAM BLOUXT. If any new ideas should occur, I will Avrite to you again ; in tlie meantime we have no time to lose. You must positively be all expedition ;• I am fearful you will hardly have time to visit the Tennessee, and yet it may be very necessary. Adieu : God bless you and preserve you wherever you be. Your afiectionate friend, Nicolas Komayne. The Hon. ^\'illiam Blount, Senate of the U. S., Philadelphia. What do you think of my writing certain pieces for the Knox- ■^'ille Gazette, &c.? Burn or destroy my letters. Doc. No. 9 A, is a note from the anonymous sender of tlio iore- going letter, in the Spanish language, to Mr. Pickering, stathagtliat the letter enclosed fell into his hands by accident. Doc. No. 10, is a letter from Governor Blount, ])resumably to Dr. Eomayne, for the address is wanting. He says : " I can only re- peat to you that it might be well in you to advocate the Spaniards holding their present possession."^, as most advantageous to the Western people, and committees or meetings ought to be held to request Congress to take the business in hand, and remonstrate against the French people, that if they do get i^ossession they will oblige the ^^'estern people to come into all their measures and caprices, or they will shut up the navigation : they will sow dis- cord among the people, and the value of lands and all property will be greatly reduced." The letter goes on to state that the time is short — not more than six weeks — in which something must l)e done. It concludes : "At any event, Ave.must meet the beginning of May, and then determine. Keep yourself prepared to go, and I will do the same." March 17, 1797. CHAVTEU XI. •CuntiitiKitlon of (lie 'hst'ivunni — LctU'r/nDit Ja/m Cri-slidhn (a fluvcr- iior lilovnt, Marvh \1 , 1797 — Letter fr(>m Critfholm to McKee — ('rit<]iohn to ]iO(/ers — Letters from Dr. liomayne to Governor Jilount — Blount to Boyers — Blount to Care)/ — Blouut to IjOnelei/ — Letter fn.w Mr. Listan, the British Minister, to I)r. li'dviaynr, April •2>^. ll\)l—J.,lfcr (fJdwes (irniit to (ionmor JUoiiHl—L'oiiiainic to Jilount— Janus a, -(nit to (Ion mor JUoii,,/. Doc No. 11. is ;i Ictlrr rri.iu John Crislioliii t<> ( lovcrnor IMount, (latid Maich 17. 17'.'7, in whicli lie states that lie sails lor l-:iir(.]pc the next (lay. Dor. No. 11 A. is a V-tU-v In.iu Crisliolm to Cnl. .|,,l,n .M.k'co, nniKiuncin.ii- the same. D.H-. No. 11 ]*>. is a Icttrr I'n.iii Crisliolni to Caiitnin .lohii Kol:- ( Ts. announcing the same. ])oi . No. 1-J, is a kttcr IVoni Dr. INunayni' to (lovonior P.louiit, cxpnssin^Z jjixat conlidmcc in tlu' success of the enterprise, and statin^thnt lie ^vas ready to set out ior Europe, if Ciovernor Blount should a})})r()ve of his jioinjr. March 21, 171>7. Doc. No. 18, is a duplicate of tlic forcpoin, is a letter from IMount to Carey, instructing: him to ]»ay James Kin;; the money due iiim (lUount) for some cattle. Ain-il 24, 171)7. Doc. No. 17, is a letter from Blount to Major Loneley, instruct- ing: him to pay money to Janus King, his attorney in fact. April 24, 17i)7. Do<-. No. IS, is the letter from Mr. Liston. the llritish Minister, to Dr. Romayne. The following is a full copy : l'im,.vni;i,i'iii.\, April 2S, 17U7. 1 am much indehted to y<»u, sir, for your friendly letter of the 14th of this month, enclosing one from Mr. Pulteney, whose good opinion gives me high satisfaction. (That letter is now returned.) 36 LIFE OF WILLIAM BLOUNT. Taking it for granted that I understand to -wliat business you allude, I could Avish to have a full explanation of your sentiments on the subject ; it may be done, I think, in writing ; you may de- pend on sccrec}^ and discretion on my part. The general sketch of what has taken place hero is, that a per- son came to me to make certain important propositions of enter- prise, to which I listened, but said I liad no power to act. He appeared to be determined and active, thongli illiterate and unfit to assume command. He urged to have my consent to go to P^urope, to tell his own story, to which I consented (though with some hesitation), not thinking myself authorized to give a positive refusal. It strikes me that if a person of confidence, with proper author- ity from home, were to accompany him to the scene of action,, something might possibh^ be effected. Information of every sort will be faithfully received, N. B. — I have no intention of sending my secretary anywhere. Believe me Avith great truth and regard, sir, your most oljedi- ent, humble servant. Bobert Listox. Dr. Bomayne. Doc. No. 19, is an extract from a letter of James Grant to Gover- nor Blount. Grant says it is reported and credited (whether true or not) that the British have invaded the Floridas and blocked up the Mississippi. May 8, 1797. Doc. No. 20, is a letter from Dr. Bomayne to Governor Blount,, in which he says that he has two letters from Sir W. Fulteney on the subject of their business, but tbat there is nutbing (U'cisive. May 12, 1797. Doc. No. 21, is a letter from Dr. Bomayne to (iovei-nor Blount. The writer speaks of sailing for Europe tli(> middle of the ensuing week, and expresses an earnest desire to see (iovenior Blount be- fore he sets out. May VI, 1797. Doc. No. 22, is a letter iVom Dr. Bomayne to (iovei'nov lUount. informing him that the vessel had sailed, Imt that tlie writer c in their towns, and sond on tliroii-h South ("amljna withoutthe knowledge of tlie Commissioners. The. IJroomc lias just eomc in iVoiii rciisaeula, and savs he .saw the Ihitish hind in ^\■est Florida with ordnanee, i^c. Watts: and Douhlehead wish mueh to see you. ( 'oh.nel Haw- kins is j:one to Cunihcrlaiid. He neither stands well with the eits or Indians. I am your humble servant, ,I.\mi:.s Guant. Tiie Hon. William Blount, Senator, Congress, Philadelphia. CHAPTER XII. Continuation of the Testimony— Letters from Blount to Romayne, and the latter to Blount— Memoranda of forces on the Mississippi river Circular letter from Governor Bloirnt to his friends in the West — Letter of Governor Blount referred to in the Carey letter, dated July 26, 1797. Doc. No. 24, is a letter from Governor lilount to ])r. Romayne, in which he acknowledges the receipt of several letters and ex- cuses himself for not replying to them sooner. He expresses the high respect and esteem he has always entertained for Dr. Ro- mayne since his first acquaintance with him. May 29, 1797. Doc. No. 25, is a letter from Governor Blount to Dr. Romayne, in which he says he cannot go to New York, but wishes Romayne to come and see him in Philadelphia. May 31, 1797. Doc. No. 26, is a letter from Dr. Romayne to Governor Rlount, giving his views upon the war in Europe. June 2, 1797. Doc. No. 27, is an unfinished letter from Dr. Romayne to (gov- ernor Blount, which contains the following : " I think myself very fortunate that I did not go to Europe this spring. I am disposed to think the business is over now." July 2, 179^7. This is the last letter in the correspondence between Governor Blount and Dr. Romayne. Doc. No. 28, is a " Memoranda of forces on the Mississippi river," found among Governor Blount's jxipers, endorsed ''Judge Turner." Doc. No. 29, is a circular letter from Governor B'. v. nt to his friends in the West. The " annexed copy of a letter ' referred to is the " Carey " letter. The following L? a full copy ; " PiiiLADELriii.v, July 26, 1797. "Sir : The annexed is a copy of a letter with which it seems Mr. Byers, of Tellico Blockhouse, came express to this city, and de- livered it about the 20th of June to the President, with whom and his executive council it remained until the 30th instant, when it was laid by him before both houses of Congress, with other papers. " It is imputed to me, and has involved me in serious difficulties^ I. IKK ••!• WILLIAM HLOINT. 39 the cxtoiit cf which 1 c;iiiii(>t :i( iinsciit fi.rrscc. Tluy will, liow- ever, slu>rtly l)c detailed to you. '' 1 ask you to oxauiiuc it with attiutioii, and dcliiiuiiif lor your- self if tho (•out(MU])lati'd i>hin, K t wIkk vcr iii;iy he the author, had gone into cllei-t. what would ha\c hccii the yvlation. and on whicii he had hecn consulted, and to caution him against it, as a vciy delicate measure, ri'(|uir- inir Lircat ciicunisiiection. and capaMc. if known to he cncoura^fe»l by liim. of iniurin<: {\\v interests, hoth of this countrv and his own. which 1 was jiersuaded it was his wish to promote. 1 also hinted that a plan moi-e extensive was contemi)latc(l l>y litter per- sons : and having understood that he intended to send his secre- tary to sonic place on the husiiiess which liad heen nicnlione the British (Jovernment. IG. Jn your e(»nversation with Ciovernor Llount, at New York, you expressed your re<:ret lliat Louisiana did not helon;,' to Ku\i- land, since the value of laiids in the ^\'estorn countrv would, in that case. l>e increased ; was this the (irst time you had contem- lilated or expressed that idea? A. It was not. 1 had rellected on the idea before, but had never mentioned it verbally to any j)erson ; nor in writin;:, exci]>t once, and that was in u letter to a gentleman in Enjj;land. This letter, however, merely stated the i)ossession of those countries by Eu'dand as a desirable thin''. 48 LIFE OF WILLIAM BLOUNT. 17. What was the nature and object of the business contem- plated between William Blount and you ? A. Nothing precise or definite had been agreed on. Much was to depend on the result of Governor Blount's inquiries and obser- vations, upon which I never received any communication from him. But the general object was to prevent Louisiana and the Floridas from passing into the hands of France, pursuant to the supposed cession b}^ Spain ; and to make propositions to the Brit- ish Government in that view. 18. What were the propositions intended to be made to the Brit- ish Government? A. On this head, also, nothing definite had been agreed upon. Had Governor Blount gone to England, he would of course have proposed his own terms ; had I gone, I should have received his instructions. This would have been settled in the interview Avhich I proposed between us, had it taken place. Had I gone without seeing him, I should have waited in England for letters from him on the subject. 19. Was it not understood that William Blount and yourself were to use your personal efforts and influence to prevent the sup- posed cession of Louisiana by Spain to France from being carried into effect ? A. This was certainly our object ; and every means, both in this country and Euroj^e, would, of course, have been employed by us for its accomplishment. 20. Was it not proposed that Great Britain should send a force into that country for this purpose ? A. To ascertain whether they would do this, was the express object of Governor Blount's intended visit to Europe. 21. Was it understood that, in case circumstances should re- quire it. Governor Blount and his Western friends were to make active efforts in co-operation with the British forces wliicli might be sent there ? A. When Governor Blount and mvself parted at New York, the understanding between us was, that he should go to J']ugland. Nothing was then said, or has since passed between us, on the subject of this interrogatory ; nor have I any direct knowledge of his views on that head. 22. What part were the Indians and AVestern people to act in this business ; and in what manner were they to be used in its ex- ecution? Was a co-operation by force from the territories of the United States contemplated? LIFE or WILLIA>[ BLOUNT. 49 A. As to Iiidiiins, tliciv was UDtliiu.ij: particularly said about them, nor had I any idea of their bcinj^ employed. To keep them quiet was all suppt)sed to be intended, or advisable. The West- ern people, aeeording to my view of the subject, were to be ren- dered favorable to the possession of the Floridas and Louisiana by the British, and disposed to emigrate there, and assist in hold- ing the country, should the reduction take place. No co-opera- tion of forces was nientioned by Governor Blount, nor have I any knowledge of his precise intentions as to either tlie Western peo- ple or the Indians. All tliis, as I understood the matter, was de- pendent on his observations and inquiries in the Western coun- try, on which su))ject I have had no inft)rmation from him. 2.!. What part was William Blount to bear in this business. any his a])pearing to be eoneerned in commerce or the sale of lands. 2G. In another part of the correspondence between M'illiain Blount and yourself, you tell him that it would be proper to keep his business in England secret iVom Mr. King. What was the rea- son of this caution ? A. The reason is explained in the letter itself whicli contains the caution. It is possible that I may have had some further rea- 50 LIFE OF WILLIAM BLOUNT. sons than are there expressed. But I have no accurate or perfect recollection on the subject. 27. In one of your letters to William Blount you mention a pa- per which you had draAvn up on the subject of your business, to be left for him, in case you should sail for Europe without a per- sonal interview, and which you wished him to possess, but do not choose to send. Where is that paper, and what were its purport and substance ? A. The only copy which now exists was sent l»y me to Eng- land, directed to myself some time in May or June. It contained a variety of notes, reflections, and cautions, relative to the busi- ness coijtemplated between me and Governor Blount, which had occurred to me after he left Philadelphia in the spring, on his re- turn to Tennessee, but I cannot state the particulars. They were reflections which occurred to me at various times, wlien thinking on the subject, and were noted down as they occurred, to stn-ve myself and Governor Blount as hints and memoranda in the i)ro- gress of the business. One copy I sent to England for my own use when I should arrive there. Another I retained for Governor Blount, but afterwards de-troyed when I conceived tlie l)usiness to be at an end. Tliey were never seen by him. 28. Do you know any other matter or thing wliicli, in your opinion, is material to the objects of this examination? If yea, declare it fully. A. The foregoing depositions and answers C(Mitain all that I know on the subject; and, aided by the correspondence now in possession of the Committee, will, I presume, furnish them with every idea respecting it in my power to communicate. Nicolas Romayne. CHAPTER XIV. '0.)ntinaatioa of the Tcdlmony — Deposition of William Davy — Letter from Thomas Da ry, dated London, Sept. l;>, 1707 — Deposition of George Lesher. Doc. C D, is the depoisition of William Davy Ix-fore the Com- mittee, July lo, 1797. The following are the i)rineipal jjoints: Mr. Davy was interested in a vessel about to sail for London, but, as a security against capture, she was cleared for Hamburg. Of this tact Mr. Davy informed the British Minister, Mr. Liston. A few days after, Mr. Liston's secretary, Mr. Thornton, called on deponent and asked him to take a confidential person to Englaml. Mr. Thornton told deponent that this person would carry de- spatches which would be leaded, so as to be sunk in case of cap- ture ; but he did not state the nature of the despatclies. Mr. Davy consented to take the messenger. Some days after, the messenger arrived. He was a hardy, lusty, brawny, weather-beaten man. He conversed with Mr. Davy with the utmost freedom. He told him without reserve the o])ject of his mission. He said that he was a back-countryman ; that he had lived long among the In- dians, and was with them during the last war; that he was well known to the Spandiards ; that his name was Captain Chisholm ; that he had been an intepreter to the Indians last winter in this city ; that the Spaniards had frequently imprisoned and treated him cruelly in Pensacola ; that they dreaded him, and he hated them, and was now determined to take his full revenge on them. He said that his influence was such with the Indians, that he could do with them as he pleased ; that he knew every part of the Mi.ssis- sii>pi; that there was no man in America who knew the forts and their exact situation so well as himself, and that he was now going to London to accompany and conduct a squadron to the attack of Pensacola. The deponent was afraid of trusting such a person on Ids brig, and stated his fears to Chisholm. Chisholm stated that lie was furnished with other papers to cover his designs, and showed to deponent a number of letters, unsealed, from Mr. Lis- ton to persons in Hamburg, stating him to be a person going there on a land speculation. Chisholm also exhibited a letter from Mr. Liston for a person in London, whom the deponent supposed to be either one of the Under Secretaries of State or Mr. Liston's pri- 52 LIFE OF WILLIAM BLOUNT. vate agent, calling him " the person of whom I have written to you relative to the land business." The brig was prevented from sail- ing on the day first intended, mnd Sunday, INIarch 19th, was fixed positively for her sailing. Deponent was surprised to learn that Chisholm Avas still in town after the time fixed for sailing. He then went to Mr. Liston, informed him of his apprehensions and stated to him the imprudence of entrusting matters of importance to such a babbler. He also stated to Mr. Liston that Chisholm had shown him his (Liston's) letters. Deponent and Mr. Liston started out to hunt up Chisholm that night. They found him at Lesher's Tavern, corner of Second, and Arch, vociferating among a crowd of Frenchmen. They called him out and expressed their surprise that he had not gone on the brig. Chisholm informed them that the vessel had not sailed. It was now between ton and eleven o'clock. Mr. Liston went home and deponent made fur- ther inquiries and ascertained that the vessel had not sailed. He returned to Mr. Liston with this information, and again Avarned him against Chisholm. Mr. Liston thereupon immediately wi;ote a letter to Mr. George Hammond, Under Secretary of State, which he read to Mr. Davy. It conveyed a caution against Chisholm. Mr. Liston told deponent that Chisholm had come to him with j)ropositions upon which he had no power to act, but thought him- self obliged to refer him to his Government. Soon after the vessel sailed. Mr. Liston paid for Chisholm's passage. Chisholm Avrote letters to the deponent from the Capes. He was " thunderstruck " to receive an open letter from him directed to Governor Blount. Deponent read the letter and took it to Mr. Liston. It contained only in general terms the information that all was going on well. He sealed it and delivered it. Doc. C D, No. 2, is an extract from a letter from Thomas Dav}^ London, Sept. 13, 1797, stating that Chisholm had arrived, and that he (Davy) had ascertained by inquiry made at Lord Gren- ville's office that his plan had not been acceded to, but that he had been liberally supplied with money. Doc. E F, is tlie deposition before the House Committee of George Lesher, July 19, 1797. Lesher was the keeper of the tavern where Mesers. Liston and Davy found Chisholm. Lesher says that Chisholm made the same exposure of his plans to him that he did to Davy. He states further that while Chisholm lodged at his house he was ar- rested for a debt of S400, whicli Cbisholm afterwards paid, as he alleged, by a note wliich he liad received from Mr. Bond, the Brit- ish Consul. CHAPTER XV. Continuation of the Testimony — Deposition of William Bell — Letter from Mr. Pickering, Secretary oj State, to the House Committee. Doc. G H, is the deposition of Willium Bell, July 27, 1707, taken before the Committci!. It was at Bell's suit that Chisholm had been arrested for the $400 as stated in the last deposition. Bell says that " he never received from Chisholm any note or bill of Mr. Bond's in pay- ment, nor did Chisholm ever mention Mr. Bond to tlie deponent at all." Doc. I K, No. 11, is a letter from Mr. Pickering to the House Committee. It reads in full as follows : " Ppiiladelphia, July 26, 1797. " Gentlemen : In a note received from Mr. Harper, I was re- quested to put into writing, for the use of the Committee,' the sub- stance of my conversation with Mr. Liston, the British Minister, particularly that part which relates to the correspondence with Dr. Romayne. I give it as follows : '• When the Spanish Minister, tlie Chevalier Dynijo, Jiad for- mally expressed to me his suspicion that an expedition was i)re- paring on the I^akes, on the part of the P^nglish, the olyect of which was to attack Upper Louisiana, I mentioned it to Mr. Lis- ton. He instantly answered that he hai-iiia- tion of tlu' itroji't't in (iiiestion. Afterwards (J lielieve on the sec- ond day) I met Mr. Liston, when he told me that he liantering into a detail of t!ic various considerations that have led to this decision, I think it im rely necessary to ob- serve that, exclusively of tlie inadc(|Uaey of the means to the end proposed, the two o1)jections which have oeeun'e(l to yourself, the necessity of employing the Indians, and the impro[iriety of orig- inating within the United States any hostile expedition against a nation with which they are at peace, are of sufiicient magnitude to counterbalance the advantages which are likely to result from the execution of such a plan. LIKK OK WILLIAM HLor.NT. 5{> 1 have, tiuT(.'lori', to si^iiily to you tlif KiiiL^'s pk-asurc, that voii take an early o|)i)ortunity of infonnin.^ Mr. tliat you have submitted his (lesi«rn to His Majesty's (Jovernment, l)Ut that it has not been tliou.uht advisable to all'ord any assistance tVoni this country towards earryinjj it into eflect. I am, with jzreat trutli and rejrard, sir, your most obedient, liumble servant, (8i«;ned), , Gkknvilli:. Robert Listox, Esq. Doc. L ^r, is the deposition of George Turner liefon- the Com- nnttee, September 5, 1797. Deponent states that Governor IJlount made inquiries of him relative to the Spanish force on the Mississii)pi, and that ])art of the information he gave him is contained in the pa])er marketl '' Memoranda of Force," endorsed " Jud-ze Turner," and in jjosses- sion of the Committee. Doc. N O, is the dei)Osition of l-'bsha II. iro|)kins lieforc^ the Committee, July 14, 17U7 : The deponent said that he was in the hat>it of being at Gover- nor Blount's boarding house every day. That on one occasion Chisholm took Blount out and they had some private conversa- tion ; that on his returning Governor Blount asked deponent if lie thought such a man as that should have address enough to intro- duce himself to the British Minister. Deponent said he thought his appearance and manners were against him. This took ] dace • luring the last winter. In March, after deponent and Mr. Allison, the proprietor of the house, Avere in a room, when Chisholm and ]Uount came, and linding the room occupied, retired to an oflice in front of the houj^e. Soon after. Governor Blount returned and said to deponent that that man (Chisholm) had so ingratiated himself with the British Minister as to have the ))romise of a liou- tenant-ct)loners commission, and tliat lie was going to England. Deponent was afterwards informed by a friend that the news was that there was going to be an expedition against P^ast Florida. Deponent wished to commmunicate his information to the Span- ish Mini.ster. He expressed this desire to one Hiehard Smyth, who said that he was intimate with the Minister. Nothing came of his eflbrt to sec the Spanish Minister. Deponent suspected Smyth, and also Colonel .lohn M( Intosh, as luing connected with this expedition. Doc. P Q, is the deposition before the Connnittee of Dr. Charhg Buxton, July 20, 1797. 60 LIFE OF WILLIAM BLOUNT. Deponent says that he had read a letter to Dr. Romayne, he thinks from Sir WilHam Pulteney, in which ^Mr. Liston is men- tioned, and the Doctor advised to consult with him, as the name of a ^linister would have more weight in England than that of an individual. Romayne told deponent that he expected to acquire a large amount of land in the Western or Southern country, and promised deponent an advantageous appointment. This was in May. Deponent did not know what Dr. Romayne's plan was. Doc. R S, is the deposition of John Franklin before the House Committee, September 2, 1797. Deponent says that in December, 1796, he took lodgings at Lesher's Tavern. That at the same time came also to the same house Captain Chisholm, with twenty-two Cherokee Indians ; that Carey and Rogers were at the same house part of the winter. De- ponent did not recollect the Christian names of Chisholm, Carey or Rogers. Chisholm complained that the Indians had been bad- ly treated by the Government, and that he would not be suprised if they commenced hostilities on their return. Chisholm made the same exposure of his plans to deponent that he made to Davy and Lesher. The deponent understood from Chisholm that Gover- nor Blount was in the plan. CHAPTER XVII. Continuation of the Testimony — The Examination of James Carey and the Deposition of James Carey taken before the lion. John Mc- Nairy, Judge of the Didrict of Tennessee. Doc. T U, No. 1, is the examination of James Carey, in presence of Benjamin Hawkins, Colonel lienly, Mr. Dinsmoor. and Lieut. Wright, on the intercepted letter. Question 1. How came you in possession of the letter from Wil- liam Blount? Narrate the whole. Answer 1. Major -James Grant, about the 20th of May, heing at the public store, informed me he had a letter for me from my friend Governor Blount, and he would deliver it to me. We went down to the creek side ; he then delivered the letter, and when I read it I was uneasy. The hand was difficult to read ; he said he would help me, and did so. I must remark that in putting me right he did so without reading after me, which surprised me, as I knew thereby he knew the contents. Q. 2. "Among other things that I wislied to see you aljout was the business that Captain Cliisholm mentioned to the British Minister last winter in Philadelphia." What was this business? It appears l)y the manner this is Avritten, you have a knowledge of it. .1. 2. Captain Chisholm did for awhile live with me in Philadel- phia, but changed his lodgings ; I was, after this, invited by Col- onel Mentges to dine with him, and to take two Indians with me, which I did, Colonel Watts and Langley. After dinner we walked towards Schuylkill, and were overtaken in the street by Captain Chisholm in a coach ; he invited us to ride with hfm ; Colonel Mentges objected ; but at length being prevailed on, we got into the coach, and road on to Schuylkill ; there we drank a little wine. On the return, Mr. Chisholm pressed us again to go in the coach ; we all did, except Colonel Mentges, who positively refused. As we were going in the coach, Chisholm said he had been in- jured by the United States, and now he could have satisliiction ; if they would go with him, he would show them at his lodgings a paper from the Minister of Great Britain. Upon our arrival there he opened a box and took out four or five sheets of gilt letter paper, close and well written, which he said was from the British Minister as he received it. Dick Brown and John Walker were •62 LIFE OF WILLIAM BLOUNT. there. Chisholm proposed that we should go to the British Min- ister's ; Carey refused and said the others might go ; Watts refused and said he came to do business with the President of the United States, and not with the British ; if his interpreter refused to, he would not go. The paper was read, and it appeared to be a i)lan for the reduc- tion of the Floridas. This was to be sent to England, and tlie re- turn from the Minister, if it arrived at Philadelphia, was to be sent to Knoxville to Captain Chisholm, or, if he was not there, to Ig. Chisholm ; that if the packet arrived to the Southward, it was to be sent up to the Cherokees to Captain Chisholm, and if he should be absent it was to be delivered to John Rogers. The pa- per was not signed, but there were the names of John Pitchlin and John Rogers in it ; that he (Carey) spoke to Pitchlin since about it, and he said he liad not heard anything about it, and Rogers said it was not worth minding Chisholm. Q. 3. " I believe the plan then talked of will be atti'iuptcd this fall." What was the plan then talked of? ^•1. 3. It appears to be the same as mentioned in the first ques- tion. Q. 4. '• If the Indians act their part, I have no doubt it will ■succeed." What part were the Indians to act? A. 4. I cannot answer ; but on the road I conjectured that it was to get the Indians to help the British, and I talked with Watts and Brown about it, and told them as much. Watts said Chisholm need not come into his nation with such talks ; he would not take there. Carey said we lost enough already without meddling in such things. Chisholm tried to got Brown, who is his brother-in-law, to go with him to England, but Watts dis- suaded him, and he declined it. Perhaps George Colbert can give some information ; he was with us, and heard us talk the mutter over on the road. Q, o. "You are, liowever, to understand that it is not quite cer- tain the i)lan Avill 1)0 attempted, yet you will do well to keep things in a pro}>er train for action, in case it should be attempted; and to do so will require all your management." This paragraph shows that you have knowledge of the plan, and are to keep tilings in i)n)per train for action, and that much reliance is had upon your management. A. 5. Answered that tiiis subject had never been understood b}' him. Q. G. You arc advised to send for Rogers, and to speak to him yourself respecting the state and prospect of things. I.ll'i: OF WII.I.IAM Hr.dlNT. 63 Tliis implies a certainty of your knowlcdi^c of (lie j)l:iii. aiiil evidences a coiifi(K'nee in your co-opnation ? J. (i. I havi- no knowlc'd-rc of this. (I 7. •• In short, you understand the suhjcci, and must <,dve out the proper talks, to keej) up iiiv eonse(|Uenee anion;,' the Creeks and Cherokees." In this para.uraph you understand tlic suhjeet. and are relied on to keep U]) the eonsecpienee of the writ.'r ainonuMhe Creeks and ( 'hel-okees ? .1.7. (iovernor Hlount re(pi(>steil niejielorc he Irft Kno.wille, to keep up his name anion«j; the Indians, ami not let them foriret him. (J. s. After you saw Chisholm's communication, did you see r ; he asked if it was siirned : I told him no; he then said, •• It is not worth mindin.'i him. he is .^ueh a sort of a fellow; sty nothin;,' ahout what you have seen." (I U. Did Grant deliver you any messa^re from Mr. lloijers? .1. 9. Yes. He advised with me ahout ^'cttiu!^ the letter to Roar- ers; told me to seal it or send for liim, whichever I thou,',dit hest. I replied I would study upon it. (I 10. After the discovery of the lett.'r. did any other person ai>ply to you ahout the discovery? .1.10. Yes. Colonel John Mi-Lelland eame and ask-d me to walk, and in(iuired after it, and how it was ^'ot. I told him it Avas true it was ^'ot ; he inrpiired after the <"over ; that, 1 told him, was safe. He said that the discovery was a terrihle affair ; you ou^ht to have destroyed it. Charles ^leClun^', Ceneral White, John and Samuel MclA-lland. eame here prohahly on the same sul)ject; hut Lieutenant Wri-ht h;id enjoined it upon me to liold no conversation with any oin', hut in his presence. This I oheved, and told McLelland of this order; that I was ^rhid to see my friends, hut could have no ])rivate conversation with them. I was ordered either to f^o over the river while they stayed, or he con- lined to the garrison; I oheyed, and went over the river. Q. 11. What did you understand al>out the oIV.m- of whiskey to \Vatts from Governor Blount? LIFE OF WILLIAM BLOUNT. 64 A. 11. The Quakers had spoken to Watts against drinking whiskey, and he disliked it and complained to the Secretary of War, The Secretary replied that this now depended with Colonel Hawkins; that afterwards we were at Governor Blount's, and Watts mentioned the subject to him in a style of complaint. Blount laughed and said, " Never mind it ; when I come to Knox- ville I will give you two kegs of whiskey." Received the 3rd of August, 1797. James McHexry. Doc. T U, No. 2, is the deposition of James Carey, taken by the Hon. John McNairy, Judge of the District of Tennessee, in pres- ence of David Henly, Benjamin Hawkins, Silas Dinsmoor, and James Byers, at Tellico, July 8th, 1797. The deponent being duly sworn to make true answers to such questions as might be put to him relative to a letter signed " Wil- liam Blount," and dated Col. King's Iron Works, April 21st, 1797, deposeth as follows : Question 1. The letter being read, it was asked : How came you in possession of that letter from William Blount, addressed to you ? Narrate the whole. Answer. James Grant (called Major Grant), about the 20th of May, being at the public store, informed me he had a letter for me from my old friend. Governor Blount, and he would deliver it to me. We walked down to the creek side, and there he delivered to me the letter. The hand was difficult to read, and my eyesight is defective ; he said he would help me to read it, and did so, with- out looking at the letter, which made mc know that he knew the contents. Q. 2. Did Major Grant deliver you any message from Governor Blount ? A. Yes. He told me he was to advise Avith me about getting this letter to Rogers ; told me to be cautious, to seal it, or send for him, whichever I thought best, He said people about here thought it was all over with Governor Blount, but he would rise yet; and if the plan in the letter took place, it would be a great thing for his friends. He added, I should get anotlier letter from Governor Blount. Q. 3. Did Major Grant say he would visit you again on the .sub- ject? A. He said he would visit me again, I understood, on tliis sub- ject, and he did come down here again. LIFE OV WILLIAM HLOINT. 65 Q. 4. Did Major Grant say anytliiim (o yuu relative to tlic con- tents of the letter on this visit ? -1. Yes. He handed nie a newspaper from Phihidelphia, eon- taininj; the speech of Doublehead, on receiving 65,000 a year ; I supposed for the purpose of circulating it through the nation. Major Grant and Lieutenant Davidson had some conversation rel- ative to the speech, the purport not recollected. They two came over to the field where I was hoeing corn. I asked them to sit down under the shade , we remained there a short time, and re- turned — they on the horse-path and I on the foot-path, which was a small distance from each other. Lieutenant Wright arrived at the garrison while we Avere on the other side of the river, and sent two soldiers after Lieutenant Davidson. On 'our return, the two officers were talking together, and Mr. Grant asked me what this bustle meant ? He answered himself : I know ; it was known at Knoxvillc I was going into the Indian Territory, and it is about me. What has become of the letter I gave you from Governor Blount? It is destroyed, I answered him. He then left the gar- rison, and has not since been here, or sent any message to me. I recollect he said Mr. Byers was gone to Philadeljihia, and that there was some stir or bustle about Knoxville, but he could not make head or tail of it ; liut it must be about his going into the nation. And he allowed tluit brought Mr. Wright, the lieutenant, down. Q. 5. This is an extract from tlie intercepted letter : "Among other things I wished to have seen you about, was the business Captain Chisholm mentioned to the British Minister last winter, at Philadelphia." What Avas this business? It ajipears l»y the manner this is Avritten, you have a knowledge of it. A. Captain Chisholm did for aAvhile live Avith me in Philadel- phia, but changed his lodgings. I Avas after this invited l)y Col- onel Mentges to dine Avith him and take tAvo Indians Avith me, which I did. Colonel John Watts and Langley. After dinner Ave Avalked toAvards Schuylkill, and were overtaken on the street by Captain Chisholm in a coach ; lie invited us to ride with him. Colonel Mentges oljjected, but at length, being prevailed on, avo got into the coach and rode on towards Schuylkill, and turned round to a tavern ; there Ave drank a ])ottle of Avine, and ii tunieil. Mr. Chisholm pressed us again to go into the coaeh ; we all did except Colonel Mentges, who positively declined. As Ave Avere re- turning in the coach, Chisholm said he had been injured in the non-settlement of his accounts, or his business; and miw. if it 66 LIFE OF WILLIAM BLOUXT. cost him the last drop of blood, he would have satisfaction ; it was now in his power. If they would go with him, he would show them at his lodgings a paper from the British Minister. Upon our arrival there, he opened a box and took out four or five sheets •of gilt paper, close and well written, which he said was from the British Minister ; he read it. Dick Brown and John Walker were there. Chisholm proposed that we should go to the British Min- ister's. I refused, and said I had no business with him ; that the Indians might go, if they chose. Watts refused, and said he came to do business with the President, and not with the British. If his interpreter refused to go, he would not go. The paper was read, and it appeared to be a plan for the reduction of the Flori- das. This was to be sent to England to the British INIinistry there and to whom from the Ministry, if it arrived at Philadelphia, was to be sent to Knoxville to Captain Chisholm, or, if he was not there, to Ig. Chisholm, the Captain's son. That if the packet ar- rived to the Southward, in the Floridas, it was to be sent up»to the Cherokees, to Captain Chisholm, and if he be absent, it was to be delivered to John Rogers. The bearer was to say he was going into the nation for his health. The paper was not signed, but there were the names of John Rogers, John Pitchlin, Captain Chis- holm, and Ig. Chisholm in it. That I spoke to Pitchlin since on the road about it, and he said he had not heard anything of it. I spoke also to Rogers ; he said it was not worth minding Chisholm. Q. 6. " If the Indians act their part, I have no doubt it will suc- ceed." What part Avere the Indians to act? A. I cannot say; but on the road I conjectured it was to get the Indians to help the British ; and I talked with Watts and Brown about it, and told them as much. Watts said Chisholm need not come into the nation with such talks — he would not take there. I said we had lost enough already, without meddling in such things. ChisKolm tried to got Brown, wlio is the brotlicr of his Indian wife, to go with him to England. But Watts dis.^uailod him, and he declined it. Q. 7. " I believe the plan then talked of will be attempted next fall. You are, however, to understand that it is not quite certain the plan will be attempted, yet you will do avoII to keep things in a proper train for action, in case it should be ;itt('ni})tcd, and to do so will require all your management." Tiiis paragraph shows that you have knowledge of the ])lan.and are to keep things in proper train for action ; this shows that vimi are a confidant in the business, and that much reliance is had on your management. LIFE OF WII.MAM lU.OUNT. 67 ,1. This sul)Jrct lias never been inentiDiied to me, except as answered in tlie .")tli (question, and the answer to that iiuestioii discloses what 1 know. Q. 8. You were advised to send for Ko-^'ers, and speak to him yourself respecting tlie state and prospect of tliin/^'s. This implies a certainty of your knowledge of the i)lan anply to you about the discovery ? A. Yes. Col. John ]\IcLellan came here, and asked me to walk, and inquired after the letter I had received from Gov. Blount, and whether it was got? lie then in.piired after the cover, wiiether they got that? I told him the cover was safe. He said, " the discovery was a terrible all'air. You ought to have destroyed tiiC letter. It was, or would be, the best plan that ever was adopted for the benefit of the country. I will try to supi)ort Gov. lilount's character in this country. I have heard Byers and the letter were gone to Philadelphia." Charles McCluug,'Gen. ^^'hite, John and :Samuel McLellan, and AMllie Blount came here some days after 68 LIFE OF AVILLIAM BLOUNT. the foregoing conversation with Col. Jolni ]\IcLellan, probabl}- on the same subject. But Lieutenant Wright had enjoined it on me to hold no conversation with any one, but in his presence. This order I obeyed, and told Col. John McLellan of this order ; that I was glad to see my friends, but could have no private conversa- tion with them. I was ordered also by Lieutenant Wright, either to go over the river while the gentlemen stayed, or be confined ta the garrison. I obeyed, and went, by permission, over the river. Q. 12. What did you understand by the offer of Avhiskey to Col. Watts by Gov. Blount ? A. The Quakers had spoken to Watts against drinking, and he disliked it, and complained to the Secretary of War. The Secre- tary replied, this now depended with Col. Hawkins. That after this we were at Gov. Blounts, and Watts mentioned the suljject to him in a style of complaint. Gov. Blount laughed and said never mind it; when I come to Knoxville I will send for you, and give you two kegs of whiskey. James Carey. Sworn before me on the 8th day of July, 1797. John McNairy, Judge of the District of Tennessee. CHAPTER XVIIL KJontinuation of the Tediinony — Di'position>> nf Wm. L. Lovclcy — Depo- sition of James Caret/, taken before the Ilontte Cotvmittee, September 20, 1797. Doe. T. W., No. :>, is tlie Deposition ..f \\'illi;iiii L. I.ovcley, takni at Tellico, before Judge McNairy, July (»kinii at nie said. •" No, no ; what do yon nu'an. Carey ?"" 1 then tohl him of my eonversati<.n with Chisholm. and of what ( his- liohn had shown me. \\'hen I mmtioned the writin-- I had seen he airain raised his head snddenly. and lookinji at nie as heforo, asked me eauei-ly w lielher that \\ rit in^ was siuned ? I told liim it was not. and then he said. " Pooh, pooh, Carey; you know what a windy. l>lasty fellow Chisholm is, and it is not worth while to take any nu)re notice of it, or say anythin;j; aI)out it."' I liad at no time, hel'oi-e or afterwards, any other connnuniea- tion of any kind with Gov. Blount rcdative to this suhject or anv political plan or scheme, until I received frcnn him the letter dated at Col. Kind's Iron Works, April 21, 1797, except that once, in the city of Philadeljihia, last winter, he advised me not to he present at the runnini:- of the line, nor to have anythinfr to do ■with it, as he said it would he a troublesome business, and might occasion the Indians to reflect on me. In a short time after these occurrences. I left the city of Phila- delphia with the Indians. At Tellico I mentioned without re- serve to Mr. layers and other gentlemen there what Chisholm had said to me and shown me ; they all seemed to treat the thing very lightly, and to consider Chisholm and his communications as efpially unworthy of attention. I mentioned them also to John Rogers; told him how he was mentioned in the paper, and asked if he knew anything about it : he .said he did not, and that such a fellow as Chisholm was not woith minding. After my return to Tellico, on or about the 20tli of May. I wa.? told that James Grant, connnonly called xMajor Grant, wanted to see me. When I met him, he told me he had a letter for me which he wished to deliver to me when we were by ourselves. Wq walked away together some distance, and then he said he had a letter for me from my old friend Gov. P)lount. He delivered it to me, and, on opening it. i fonnil within the same cover, twolettors, one for John Rogers, dated. " Tennessee, Sullivan County. April 21, 1797, (Col. King's Iron Works)" the other for me. dated " Col. King's Iron Works, April 21, 1797," both of which letters are now in the possession of the committee. Without attending to the direction, I first opened that whicli was addressed to Rotrers and read down one side, which related to a runaway negi-o fellow, 72 lifp: of william blount. before I discovered my mistake. I then began the letter which was directed to me. Major Grant and I were sitting within two or three feet of each other. I read loud enough to be heard by him, and, as I was sometimes at a loss to make out a word, being a poor scholar, he told me what it was, and explained to me and corrected me whenever I blundered as I went on. Wlien I had finished reading it he said to me : " Now, Carey, you must be very careful, as your friend, Gov. Blount puts great confidence in you ; you must observe what he tells you, that when you have read the letter two or three times you are to burn it." He then asked me what I intended to do ; whether I would send the letter to Rogers, or send for Rogers to come to me. I told him I did not know ; perhaps I might write to -Rogers, and if I did I would let him know. He said that people thereabouts thought it all over with Gov. Blount, but he would rise yet ; that if his plan should take place, it would be a great thing for the friends of the business and for the country ; that Gov. Blount would entrust nobody with the letter but him, and that he came to Tellico on purpose to deliver it to me ; that I should receive another letter from Gov. Blount, and that he. Major Grant, would come down again to see me on the subject. I tlien told him that I could not tarry there any lon- ger, as I was wanted at the store. As we returned, he repeated to me that I should be careful, that the business was of great conse- quence, that it would be of much service to his friend, and that Gov. Blount placed great confidence in me. He then returned to Knoxville. I kept the letter, Ijut did not know what to do with it or think about it. I had, a few days before, been sworn by Mr. Dinsmoor, to execute my appointments with fidelity to the United States; and I was much embarrassed between my regard for Gov. Blount and what might possibly be my duty in respect to the letter. I consulted jNIayor Lewis Loveley, who is clerk at the store, and showed him the letter. He told me he did not know what to ad- vise, but that I should consider my oath. I took occasion, a few days afterwards, when I was alone with Mr. Byers, to tell liim that I had a strange letter in my possession whicli I did not know what to do al^out. He asked me who it was frou). 1 told him, and promised to sliow it to him the next morning, wliidi I did accordingly; and, on his assurance that it was of ini|M)itanee to the public that it should be disclosed, I gave it to liiin. After Byers had brought the letter to Philadelphia, Major Grant came again to Tellico. I was planting corn on the other side of LIFK OF WILLIAM liLdfNT. 73 tlie river; lie ami Lieutenant Davidson came over to me. Major Grant took a newsi)aper out of liis i)oeket, read it for me and gave it to me. It contained sometliing about Doublehcad's having been at Philadelphia with Gen. Knox and obtaining a greater indemnity for the Indian country than had ever been sti])ulated. Davidson and Grant entered into an argument abdut it; and then we re turned to the Blockhouse, whither I want<'(l them to take a drink They pursued the horse path and I went on the footpath at some distance from them. In a little while I was met by a soldier, who said there was an express come to the Blockhouse for Lieutenant Davidson and me, and then passed on to inform Davidson. A little furthur on I met another soldier, with a paper for Lieutenant Davidson, which was delivered to him as soon as he came up ; and he then told us that Lieutenant Wright had come to the gar- rison. We crossed the river, and the two Lieutenants entered into discourse, and walked away by themselves. Grant then said to me , he believed he knew what all this bustle was about ; that he had said at Knoxville that he was going into the Indian coun- try, and he supposed Wright had come to stop him. He said also that there was a great stir at Knoxville about something, but he could not make out what. He asked me what I had done with the letter from Mr. Blount. I said it was (/ovr, but did not tell him where, nor did he pursue the question further, but I thought looked very cool upon me. The officers soon returned, and Lieu- tenant Wright continued with me and Major Grant ; and I after- wards understood that his business at Tellico was to follow Major Grant, and prevent him from having any private intercourse with me. Grant, immediately alter taking a drink, left us and returned to Knoxville. A few days afterwards, a Col. John ]\IcLellan, of Knoxville, came to Tellico, and called me out, and asked me if I Jiad not re- ceived a letter from Gov, lilount. I said I had. He asked me what were the content.s, and said there was a terrilde to-do aliout it at Knoxville, and that it was rei)orted that Byershad got it from me when I was drunk. I told him it was true that Byers had got it. He repeated his (luestion about the contents. I told him I could not recollect them all. He said it was a damned bad thing that I had let it go. He then asked me if the cover was gone; I said I be- lieved not. He then observed, that he sui)i)Osed the letter was about something relative to Florida. I rei)lied, I supposed it was. He said, he imagined it was to the same purpose as one which he had himself received from Gov. Blount ; but that, by God ! they <4 LIFE OF WILLIAM BLOUNT. should not get that from liim ; that he was determined to support Gov. Blount, and so were many others in that country. Some days afterwards Charles McClure, General White, Willie Blount, and Colonel McLellan's hrother came to Tellico also along with the Colonel ; but I was desired by Lieutenant \\'right not to hold conversation with any of them except in liis presence. I took, therefore, an early opportunity to mention to Colonel McLellan that I was glad to see my friends, but tliat I Avas not permitted to have any private discourse Avith them. Afterwards, they wanted me to go over the river Avitli them to get fruit ; but I declined, telling them that I Avould go ovct and send them some by the Indians, but that I would not go with them. The letter for John Rogers, which was indorsed in the same cover with that I received from Gov. Blount, 1 delivered to Col. Hawkins. I never received the letter Avhich is non- produced to me, signed "William Blount," dated Ajml 24, 17U7, and in the handwriting of Gov. Blount and directed to "James Carey, Tellico Blockhouse — Col. King." James Carey. CHArXEll XIX. Continuation of the Tctstimonij — Deposition of John lioyers — Deposition of James Grant — Declaration made to the Minister of his Catholic Majesty the King of Spain, by Citizen Mitchell, a resident assage from the letter entrusted to Care}' for him. viz : "I suppose you know that Cai^tain Cliislioiui iiirormcd me of yours and his objects last winter at Philadelphia. I now tell you that I am induced to believe that plan will go into operation ; and if it was, it will be attended with great success. You will do well to keep things in a train ; but take care and act wisely." The foregoing deposition was in answer to the question, what thedeponent knew about this matter. 76 LIFE OF WILLIAM BLOUNT. Doc. X. Y. is the Depositiou of James Grant, taken liefore the House Committee, September 29, 1797. In April last deponent met Governor Blount in Washington County, Virginia, deponent was returning to his home in Knoxville from Hillsboro, N. C. Among other matters talked of Gov. Blount told deponent there was a plan respecting which Chisholm and several of the chiefs had been to see the British ISIinister last winter in Philadelphia." He (Blount) stated this plan to be " a co-operation of the Indians with the British in taking the Floridas, and establishing a British government in the Spanish dominions on the Mississippi, which, he conceived, would be of great utility to the Western country. He said if the plan should go forward, he should be engaged in it ; that he was to use his influence to bring the Indians to act their part, and to conduct them as their military leader on the expedition ; and that he was to be rewarded by some high official situation in the government of the conquered country. He made no direct overture for me to join in the enter- prise ; but said, that if he succeeded, he should have it in his power to handsomely reward his friends." Deponent says, " I understood generally from him that any citizens of the United States who would engage in the enterprise as volunteers should be received and employed." With regard to details, the Governor told deponent no more than that " a naval armament was to be sent from Great Britain, which was to bring out the materials for the enterprise, and which was to be co-operated Avith on the land side, under his direction, by the Indians and such other force as he could engage for the purpose. He spoke of it as an affair not yet matured, but which depended on preliminary circunistances yet to be arranged." On or about May 15, following, as deponent was going from Knoxville to Tollico, Col. James King requested him to take down some letters. Gnc of these was the " Carey let- ter." He delivered the letter and was ))resent when it was read, but did not read it or liear it read ; be lielped Carey when at a los.s about a word. When Carey had iinished reading it lie said, " Yes, I understand it, and will pay attention to it." Doc. A B C is '-A eoi)y of a declaration made to the Minister of his Catholic Majesty liy Citizen Mitehel, resident in Tennessee." The declaration states that Chisholm had enrolhd a thousand Tennesseans for the descent on the Spanish ])ossessions ; that lie had made a trip through Louisiana and the Floridas and was en- gaging the Creeks and Cherokees in his enterprise ; that he had a list of 1,500 English royalists of the Natchez who would take up LIFK OF WILLIAM ULolNT. 77 arms in the enterprise; tliat there was an ex|tc(liti<>n litlin,L' out (.in the hikes of 5UU troops of the line, TOO Canadian mil- itia, and 2,000 Indians under the Chief Brent; that this expedi- tion would descend the Illinois, attack St. Louis, New Madrid, and niarrli upon Santa Fe ; tlial Chisliolni had procured six field pieees, which were i)laeed on the Ti-nnessee river in the hands of one of his agents ; that the Americans were to rendezvous at Knoxville, Jul)' 1st; that Chisholm had gone to London under the authority of Mr. Liston to ask for money and vessels to execute this plan. This declaration was made at Philadcli)hia, July 12, 17U7. Doc. D E F is a letter from Chisholm to Messrs. Mitchel and Craig, as follows : " PiiiLAi>ELi'iiiA, March 17, 175'7. ^'Messrs. Mitchel and CraUj : "You will observe that it will he neci'ssary for you lo be in the State of Tennessee on the first day of July next, in order to per- form Avhat we have agreed upon. You may rely on every atten- tion on my part, and everything that Ave have talked of shall be performed agreeable to the existing plan. "I am, gentlemen, your very humble servant, " John Chisholm." The foregoing letter was enclosed with the •' declaration " as an evidence that the declaration was true. The declaration is in the French language, and was made to the Chevalier D'Yrujo. CHAPTER XX. ■Continuation of the Testimony — Depositions of John Phillips Ripley — Thomas Odeone and Capt. Eaton — Note from the Spanish Minister indorsing statement of Gen. Elijah Clark, of Georgia, dated No- vember 23, 1797 — Comments on ^^ Citizen MitcheVs " statement — • Statement of Gen. Clarh — Letter from Attorney Harrison to Mr. Pinckney — Letter from N. Webster to Mr. Pinckncy — Anonymous Letter signed H. M. — Letter from Mr. Sitgrcaves to Mr. Pickering — Anonymous Letter from G. II. to Mr. Sitgreaves — Letter from Capt. Eaton — Letter from Wm. Wilcocks to Mr. Pickering — Anon- ymous letter from the ^^ Argus'''' — Letter from Mr. Sitgreaves to Mr. Pickering, andreply — Letter from Mr. Pickering to Mr. Harrison and from Mr. Sitgreaves to Mr. Harrison — Letter from Mr. Harrison to Sitgreaves — Deposition of Abel Holden — Deposition of Gen. Clark — Continuation of the testimony — Letter from the Spanish Minister, the Chevalier D' Yrugo, to Mr. Sitgreaves — Letter from Mr. Ripley to Mr. Sitgrcaves. Doc. G H T is the deposition of John Phillips Ripley touch- ing the collateral matter of Captain Eaton withholding informa- tion before alluded to. It is irrelevant, and no importance was attached to it by the Committee. Doc. K L M is the deposition of Thomas Odeone u}^on the same matter, upon which the same remark is to l)e made. Doc. N P is the deposition of Captain Eaton, exonerating himself from these charges. Doc. Q R S is a note from tlie Spanish Minister inclosing a statement made by Gov. Elijah Clark, of (u'orgia, November 28, 1797. [To judge from the face of the record alone it woidd api)ear that the " declaration of citizen Mitchcl," waK cither a lioax i)ra<- tised upon the credulity of the Spanish iNIinister or a sclieme to get money from him — for it seems he helped Riiiley to money. Nol)ody could ever find out anything about IMitchel's wlicreaboiits, although he was partner in a commercial house. Not one of the '• 1,000 inhabitants of Tennessee " who had been enrolled could be discovered by Mr. Sitgreaves. The " 1,500 English royalists of LIFK »»1' WILLIAM HLorNT. 79 NiK'lu'//" were (in(> and all, alike invisible. Nul'o.ly cxcr saw (he *• six iiiehl pii't'es on the Tennessee lliver." No lurlhii' li.^iit was ever thrown upon the expedition of " ")0() Knjilish troojts of the line, 7<)!> Canadian militia, and 2,000 Indians, muler lirent," That the Spanish MinistiT was a man of I'rchlc jud^nient and easy to l)e imposed upon, ajipears iVoin his eonversation with ^Ir. Pickering about a hostile invasion of Louisiana from ("anaila.] Doc. Q R S, No 2, is tlu; statement of (lenerul Clark, that a proposition was made to him asking him if he would accept a sal- ary often thousand dollars a year and join the British? This proposition was made " through a ehanml wliieh bound nic (him) to silence if not acquiesced in." lie refused. August *.), 1797. Doc. A a is a letter from Attorney Harrison to Mr. Pickering, the principal ])oint in which iscontained in the following sentence: "' I am this moment informed that William Duer, formerly Assist- ant Secretary, is suspected of being privy to this transaction." Doc. A b is a letter from N. Webster, Jr.. to Mr. Pickering, in which he informs him that one Dr. Ilieks told him that some person (not named) had told him (Hicks) that he f Hicks' infor- mant) had conveyed letters from Ilomayne to the British Minister. Doc. A c is an anonymous letter, signed H. M., written by some illiterate person (to judge from the incorrect spelling of common words) to Mr. Pickering, informing him that Col. Stevenson, of New York, is a bad man and a dangerous character. H. M. says he abuses Mr. Pickering and many other public officers, calling them rascals, scoundrels, and '" vcloas this man is desparty Doc. A d is a letter from Chairman Sitgreaves to Mr. Pickering, in which the " suspicion arising from H. M's letter against Col. Stevenson ought to be traced," also that " there are other names besides Mr. Harrison'^5 letter to suppose that Mr. Duer had a pretty full knowledge of the project." He requests that Lord Granville's letter be sent to the Committee. July 13, 1797. Doc. A e is an anonymous letter from G. H. to Mr. Sitgreaves, in Avhich the writer says, "One Mitchel to]y the committee of tlie Seiuite; and the House, having made a fur- ther selection of such as appeared to them to he connected with the oliject of their appointment, returned the residue to the order of William ])lount. The pa})ers retained hy the committee are in the Appendix to this report marked, Nos. 2, 3, 5, G, 7, 8, 10, 11, 12, 13, v.), 20, 21, 22, 23, 2G, 28. A violent presumjjtion having arisen, from the inspection of the papers referred to, that Nicolas Romayne, of the State of New York, was intimately connected with ^\'illianl lUount in liis crim- inal designs, the committee conceived it to he their (hity to exercise the powers vested in them hy this House, in such manner as to l)revcnt the escape of the said Nicolas Romayne, and efiiectually to secure his person and ]»ai>ers for examination ; they issued, therefore, on the 9th day of July, the warrant in the Api)endix, marked (A ;) and, as it was deemed important to commit the exe- cution of this warrant to a person of intelligence, discretion, and fidelity, the Secretary of State was requested to provide a messen- ger of competent character for the occasion. With a very prompt attention to the wishes of the committee, he assigned this service to Captain AVilliam Eaton, to whom the instructions in the Appen- dix marked (B; were given by the committee ; and the Secretary of State added to them the letters marked (C) and (D). On the 12th day of July Captain Eaton returned to Philadeli)hia, with Nicolas Romayne in his custody, and made the rejoort of his proceedings marked (E.) He delivered also to the committee, under seal, a number of papers found by him in the possession of said Romayne, of which such as are supposed to be material are contained in the Appendix, and marked Nos. 1, 4, 18. 24, 2-"), 27. The examination of Nicolas Romayne engaged much of the attention of the committee until the 22d of July, when he sub- scribed his deposition (A B,) and, having given bond for liis ap- pearance l)c{bre the Senate on the trial of the impeachment of William Blount, was dismissed from further attendance, and re- ceived, at his i^articular request, the certificate marked (F. ) TIk; letter No. 23, found among the jiapers of William IMount, signed James Grant, and dated Knoxville, May 24th, 1797, being supposed to contain the proof that the said James (irant had l>een the confidential bearer of the letter from William Blount to James Carey, communicated to Congress by the President of the United States, on the 3d of July ; it was deemed expedient to adopt the same measures for the seizure of his person and papers, as had 84 ' LIFE OF WILLIAM BLOUXT. been taken in the case of Nicolas Romayne. Major Thomas Lewis was employed for this puri^osc by the committee, who charged him, on the 11th of July, with tho execution of the warrant marked (G) Pie was further directed to serve on John Rogers and James Carey, respectively, the precepts (H) and (I) requiring their appearance before the committee for examination; which precepts were accompanied with the letter marked (K) from the committee to John Rogers, who resided beyond the jurisdiction of the United States, and with the letters marked (L), (M,) and (N) from the Secretary of War, who readily, at the desire of the com- mittee, co-operated with them in their endeavor to obtain the tes- timony of these witnesses. The instructions to Major Lewis are in the Appendix marked (0.) In the interim, between the de- parture and the return of j\Iajor Lewis, the Secretary of War com- municated to the committee the letters marked (Q) and (R) from Col. David Henly and Benjamin Hawkins, Esq., covering the ex- aminations of James Carey, marked (T U, No. l,)and (TU, No. 2,) taken at Tellico, by directions from the Executive, together with the examination of William M. Loveloy, marked (T U, No. 3,) and the original letter mai-ked in tho Appendix (No. 15.) On the 25th of September, Major Lewis having arrived at Germantown. in the State of Pennsylvania, with James Grant in his custody, and ac- companied by John Rogers and James Carey, made liis report marked (P;) and the depositions of tlie said James Carey, John Rogers and James Grant were, immediately thereafter, taken by the committee, and are hereunto annexed, marked (T U, No. 4,) (V W) and (X Y,) respectivel3^ Before the discharge of Major Grant, he gave bond for his appearance before the Senate on the trial of the impeachment of William Blount. Tlie letters referred to in his deposition, from William Blount to James Carey and Major Loveley, dated April 24, 1797, are marked (No. KV) and (No. 17.) To complete the scries of the correspondence between William Blount and Nicolas Romayne, as disclosed by the letters found in their posession, respectivel.y, the letter (No. (1) from Wiv latter to the former, appeared alone to be wanting. Tliis letter, on or about the 13th of July, was received l.y the SecntMry of State in an anonymous letter, which had l)een transmitted by mail, but with- out any post mark otlier than the word " Free."' The anonymous letter and a translation of it are subjoined to the Api)endix, marked (No. 9, A.) LTFK OF WILLIAM lU.OUXT. 85 The committoe luiviiv^ received infonnation tliat John Chisliolin, named in the letter from Williiuu Blount to Jiimes Carey, whieii gave rise to the present inquiry, liail sailed tVoni Philadelj)hia in a vessel belontjinsj: to or chartered hy Mr. \\'illiaiii Davy, a mcrcliant of that city, requested the attendance of Mr. Davy for examina- tion, lie waited on the conunittee agreealily to their desire ; and, iifter expressing consideraMe t mharrassmcnt from ]ieculiar cir- cumstances attendant on Ids situation, with some reluctance, made the deposition (C. D.) Mr. Davy has since communicated to the committee the extract of a letter from his brother in London, which is subjoined to his deposition, and marked (C D, No. 2.) The disclosure made by Davy led to the examination of George Fisher, contained in his deposition' (E F.) The suspicion, excited by the latter part of this deposition, was traced liy the committee, and satisfactorily removed by tlie testimony of William Ik'll, Ap- pendix (G II.) The communication from the h^ecretary of State, of the 20th July, marked (I K) is connected with, and explana- tory of, the subject matter of their depositions, and of the letter from Robert Liston, Esq., the Minister Plenipotentiary of his Britanic Majesty, to Nicolas Romayne. found among the papers o^ the latter, dated Philadelphia, 28th April. 17'.»7. Appendix (No. IS.) With relation to the i^aper (No. 2S) found in the possession of "William Blount, endorsed by him, " Judge Turner, Memo, of forcC) etc." GeorgeTurner, Esq., late one of the Judges of the territory of the United States Northwest of the River Ohio, was interrogated by the committee, and the result is contained in his deposition, Appendix ( L M. ) In the course of the investigation entrusted to the eomniittee, a number of persons were examineil. whose testimony in many instances proved to be immaterial. It was thought proper to take the depositions of Elisha B. Hopkins, Charles Buxton, and John Franklin, which arc herewith rej^orted — Ap|)endix (N O.) (P Qj iind ( R S. ) On the 13th of July, the Chevalier D'Vrujo, the Minister Pleni- potentiary of his Catholic Majesty, called on the committee and made the communications, in the A|)i)endix marked fA B C) (D E F. ) In consequence of these communications the committee immediately dispatched, by mail, to Major Lewis, their messenger to the State of Tennessee, the letter. Appendix (S,) covering a Bubpcena for Mitchel, named in the said communication. Ma- jor Lewis has informed the committee, since his return, that lie Ob LIFE OF WILLIAM BLOUNT. received the letter and subpoena, but that his most diligent inqui- ries were unavailing to discover the person described in them. On the 24th of July, the Chevalier D'Yrujo again called up- on the committee, and introduced to them John Phillips Ripley, Avho delivered a paper containing the information afterwards in- cluded in his deposition (G H I.) On the succeeding day, the Chevalier D'Yrujo presented to the committee, Thomas Odiorne, Avho afterwards made the deposition, (K L M.) Although there was an appearance of irregularity in the medium adopted by these persons for making their communications to the committee ; and al- though the committee at that time possessed satisfactory evidence that the statement made in these depositions were incorrect, so far as related to the essential objects of investigation and inquiry, and although it was not very material whether the mistake pro- ceeded from the misrepresentation of Captain Eaton, or the mis- apprehension of the witnesses, or from worse motives, it was nevertheless conceived to be the duty of the committee, in justice to the persons named in these depositions, to ol)tain an explana- tion from Captain Eaton, of the facts asserted in them. On this subject the House is referred to the letters marked in the Appen- dix (T,) (U,) CV), (W) and to the deposition (N P) and for fur- ther evidence connected lierewith, to the report of Captain Eaton, before mentioned (E,) and the letter from Richard Harrison, Esq., Attorney of the United States for the District of New York, to tlie Secretary of State, (E, No. 2.) It is proper to add that the cau- tion given by Col. Pickering to Captain Eaton, was intimated to him by request of the committee, who were apprehensive that an indiscreet and premature disclosure of evidence might increase the difficulty of further discovery. The letter from Captain Eaton to Col. Hogdon, alluded to in the deposition of the former, is on the files of the committee, and corroborated his narrative. On or about the 6th of Octoljcr the Secretary of ^\'ar trans- mitted to the committee the letters in the Appendix (No. 11, A) and (No. 11, B) from Jobn Chisholm to Col. John McKee and John Rogers, respectively, dated March 17, 171>7. On the 23d of November the Minister Plenipotentiary of His Catholic jNIajesty sent to the committee the note of that date (Q R S) covering the letter (Q R S, No. 2) from Elijah Clark to the Spanish consul, at Charleston, South Carolina, dated August 9,. 1797. It is obvious that this communication has been made too late- to enable the committee to pursue the investigation of its contents^ LIFE OF WILLIAM RLOINT. 87 A larjie package of the circular letters (No. 2U) was intercepted aiul delivered to tiie coiuinittee ; some of these letters were directed to various persons in Teiniessee; others were Inldrd without any address. The committee have supposed it to he their duty to sul^mit to the House, in addition to the exhihits hereinheforc referred to, the correspondence contained in the Appendix (A n) to (A U) inclu- sive, on account of its connection with the ohject of their appoint- ment ; althouossessions of His Catholic Majesty, in the Floridas and Lousiana, ibr the purpose of reducing the same to the dominion of the King of Great Britain^ Avith whom His Catholic Majesty was then at War as aforesaid; contrary to the duty of his trust and station as a Senator of the United States, in violation of the said treaty of Friendship, Limits, and Navigation, and of the obligations of neutrality, and against the laws of the United States, antcd tin- said aii].(iiutment, and on the 21st day t>f Ai)ril, in the year of onr Lord one thousand seven hun- dred and ninety-si'ven, and for a long time Ijefore and afterwards, did exi-reise the funetions, powers and duties attached to the same ; yet the said William Bhnmt, on or al^out tlie said twenty- first day of April, in the year of our Lord one thousand seven hundred and ninety-seven; then being a Senator of the United States, and well knowing the premises, did, in the prosecution of his criminal designs and of his conspiracies aforesaid, and the more etlectually to accomplish his intention of exciting the Creek and Cherokee Nations of Indians to commence hostilities against the subjects of His Catholic Majesty, further conspire and contrive to alienate and divert the confidence of the said Indian tribes or nations from the said Benjamin Hawkins, the principal temporary agent aforesaid, and to diminish, impair, and destroy the influ- ence of the said Benjamin Hawkins with the said Indian tribes, and their friendl}' intercourse and understanding with him, con- trary to the duty of his trust and station as a Senator of the United States, and tlu' jicacc and inte-rcsts thereof. Article 4. That, whereas, by the ordinances and acts of Con- gress aforesaid, it is made lawful for the President of the United States to establish trading houses at such places and posts on the ■western frontiers, or in the Indian country, as he shall judge most convenient, for the purpose of carrying on a liberal trade with the several Indian nations within the limits of the United States, and to appoint an agent at each trading house established as aforesaid^ with such clerks and assistants as maybe necessary for the execu- tion of the said acts : And. wlioicas, by a treaty made and conclu- ded on the second "lay of -luly. iu the year of our Lord, one thou- sand seven hunelred and ninety-one, l)etwecn the United States and the Cherokee Nation of Indians, inhal)iting within the limits of the United States, it is stipulated and agreed, tlnit '* the United States will send such, and so many persons to reside in said na- tion, as they may judge proper, not exceeding four, who shall qualify themselves to act as interpreters." And, whereas, the the President of the United States, as well in pursuance of the authorities in this article mentioned, as of the acts of Congress referred to in the third article, did ai)point James Carey to be in- terpreter of the United States to tlie Cherokee nation of Indians, 92 LIFK OF WILLIAM BLOUNT. to assist at the public trading house estabhshed at the Tellico Blockhouse in the State of Tennessee. And, whereas, the said James Carey did accept the said appointments, and on the twenty first day of April, in the year last aforesaid, the said William Blount then being a Senator of the United States, and well-knowing the prem- ises, did, in prosecution of his criminal designs, and in furtherance of his conspiracies aforesaid, conspire and contrive to induce the said James Carey from the duty and trust of his said appointments, and to engage the said James Carey to assist in the promotion and exe- cution of his said criminal intentions and conspiracies aforesaid, contrary to the duty of his trust and station as a Senator of the United States, and against the laws and treaties of the United States, and the peace and interests thereof. Article 5. That, whereas, certain tribes or nations of Indians inhabit within the territorial limits of the United States, between whom, or many of them, and the settlements of the United States cer- tain boundary lines have, by successive treaties, been stipulated and agreed upon, to separate the lands and possessions of the United States, and the citizens thereof; and, whereas, particularly, by the treaty in the last article mentioned, to have been made with the Cherokee Nation, on the second day of July, in the year of our Lord one thousand seven hundred and ninety-one, the boun- dary line between the United States and the Cherokee Nation was agreed and defined ; and it was further stipulated, that the same should be ascertained and marked plainly by three persons ap- pointed on the part of the United States, and three Cherokecs on the part of that nation ; and, whereas, by another treaty made with the said Cherokee Nation, on the 26th day of June, in the year of our Lord one thousand seven hundred and ninety-four, the said hereinbefore recited treaty of the second day of July, in the year of our Lord one thousand seven hundred and ninety-one, was confirmed and establislied, and it was mutually agreed that the said boundary line should be actually ascertained and marked in the manner prescribed by the said last mentioned treaty ; and. whereas, in pursuance of the said treaties, Commissioners Avere duly nominated and appointed on tbe part of the United States, to ascertain and mark ihe said boundary line : yet the said Wil- liam Blount, on or about the said twciity-lirst •lay of April, in the year of our Lord one thousand seven hundiH^l and ninety-seven, then being a Senator of the United Stati's, and well knowing the premises, in further pro.seeution of his said criminal designs and LIFE OF \VII.I.T.\>[ ISLOUNT. 93 of liis conspiracies aforesaid, and ihc more eflVctually to accom- plish his intention of exciting the said Indians to commence hos- tilities against the subjects of His Catholic Majesty, did further conspire and contrive to diminish and impair the confidence of the said Cherokee Nation in the Government of the United States, and to create and foment discontents and disaffection amongst the said Indians towards the Government of tlie United States, in re- lation to the ascertainment and making of the said boundary line, contrary to the duty and trust of his station as a Senator of the United States, and against the peace and interests thereof. And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any further articles, or other accusation or impeachment against the said William Blount, and also of replying to his answers which he shall make unto the said Articles, or any of them, and of offer- ing proof to all and every of the aforesaid Articles, and to all and every other Articles, impeachment or accusation, which shall be exhibited by them, as the case shall require, to demand that the said ^^'illiam Blount may be put to answer the said crimes and misdemeanors, and that such proceedings, examinations, trials, and judgments, may be thereupon had and given as are agreea- ble to law and justice. The Articles were agreed to. CHAPTER XXIIl. luimes of the managers of the Impeachment — The managers present the Articles of Impeachment on February 7th — Debate on Mode of Procedure^ and resolutions adopted — Mr. Livermore^s resolutions — Committeeappointed to report on Mode of Procedure — Report adop- ted, by a vote of 22 to 5 — Mr. Sitgreaves' remarks on receipt of Senate proceedings — A conference between the two Houses — Mr. Ross reports from the Managers. The managers of the Impeachment on the part of the House were elected by ballot, and consisted of Messrs. Sitgreaves, Bay- ard, Harper, Gordon, Pinckney, Dana, Sewall, Hosmer, Dennis, Evans and Tenlay. Mr. Baldwin was elected, but declined to serve. On Wednesday, February 7th, the Managers were introduced to the Senate and presented the Articles. After some debate as to the mode of proceeding in cases of im- peachment generally, it was, on Friday, Dth, Resolved, That the Senate should l)e constituted a Court for the trial of impeachments by taking the following oath, viz : I, , solemnly swear (or affirm, as the case may be) that in all things appertaining to the trial of the impeachment of , I will do impartial justice according to law. This oath or aflinnation was to 1)0 adininisteved by the Secretary to the President of the Senate, and by the Pi'esiJent to each mem- ber of the Senate. On Tuesday, February 15, Mr. Livermore moved in the Senate that a committee be appointed to consider and report what mea- sures ought to be taken in regard to said impeachment preferred by the House of Representatives against ^Mlliam Blount. It Avas agreed that the motion lie for consideration. On Tuesday, February 20th, the Senate took up the motion made by Mr. Livermore on the lotli. Whereupon, Ordered, That Messrs. Livermore, Poss, and Stock- ton, be a committee to consider and report the same. ' On Thursday, February 22d, the committee reported in part ; and the report, which, being amended, reads as follows : LIFE OF WILLIAM IILOUXT. 95 " The committee to whom was recommitted the rci)ort of the ■committee appointed to jn-epare rules of proceeding'in the case of the impeachment against William jilount, report, in part, that a writ of summons issue, directed to the said William Blount, in the form following : " United States of America : " The Senate of the United States of Anurica to William Blount, late a Senator of the United States for the State of Tennessee, greeting : Whereas, the House of Representatives of the United States of America did, on the 7th day of July last ])ast, in their own name and in the name of all the people of the United States, impeach you, tiie said William Blount, charging you with high crimes and misdemeanors hefore the Senate of the United States: And, whereas, the said House of Representatives did, on the 7th day of Fobruary, of the present, year, exhibit to the Senate their Articles of Impeachment against you, the said William Blount, charging you with crimes and misdemeanors, therein specially set forth, (a true copy of which Articles of Impeachment is an- nexed to this writ) and did demand that you, the said William Blount, should be put to answer the said crimes and misdemean- ors ; and that sucii i)roceedings, examinations, trials and judg- ments might be thereiore had, as are agreeable to law and justice, j'ou, the said William Blount, are, therefore, summoned to be and appear before the Senate of the United States of America, at their Chamber, in the city of Philadelphia, in the State of Pennsylva- nia, on the third Monday of December next, at the hour of eleven of that day, then and there to answer the said Articles of Im- peachment, and then and thereto abide by, obey and perform, such orders and judgments as the Senate of the United States shall make in the premises, according to the Constitution and Laws of the said United States. And herein you are no wise to fail. AVit- ness, the Hon. Thomas Jefferson, Esq., Vice Presidentof the United States of America, and President of the Senate thereof, at the city of Philadelphia, the first day of March, in the year of our Lurd 179S, and of the indcpondencc of the United States, the twenty-second. " Which summons shall be signed by the Secretary of the Senate. " That the said summons shall be served on the said William Blount by the Sergeant-at-Arms of this House, or a special mes- senger, who shall leave a true copy of the writ and the Articles annexed with the said William Blount, il he can be found, show- 96 LIFE OF WILLIAM BLOUNT. ing him the original ; or at the several places of residence of the said William Blount, if he cannot be found. Which messenger shall make return of the writ of summons, and of his proceedings in virtue thereof, to the Senate, on the appearance day therein mentioned. "And that a message be sent to the House of Representatives, giving information that the Senate have directed the said writ to be issued, and of the day mentioned therein for the appearance of the said William Blount." The report was agreed to; yeas, 22, nays 5. Messrs. Anderson and Jackson, Senators from Tennessee, both voted in the nega- tive. On March 2d these proceedings were reported to the House. Whereupon, Mr. Sitgreaves gave his reasons for thinking, that the return day of the writ of summons should be made to the jDresent session. He said: ''He did not know how the demand from this House ought to be made for the appointment of an earlier day in the summons ; but he thought it would be well to commit the message to a select committee ; which committee, if the House thought proper, might be. the managers of the Impeachment." On April 6th, Mr. Sitgreaves, on behalf of the managers, intro- duced a resolution that a conference be desired Avith the Senate, and that the managers of the Impeachment be the managers for the House at the j)roposed conference ; that the object of this con- ference was to request the Senate to make the return day of the summons to fall during the present session of Congress. The resolutions were adopted. On April 16th, Mr. Ross, from the managers ai)pointed l)y the Senate, reported a resolution : " That it is not, at this time, expedient to alter the return day of the summons." Which was agreed to. CHAPTER XXIV. The Senate^ on December 17, 1798, resolved itself into a Ilit/h Court of Impeachment for the trial of William Blount — Mr. Blount was called, and did not answer — On the next day Jared Lujersol and A. J. Dallas ivere admitted by the Court as Counsel for Mr. Blount — Mr. Ingcrsol malrs his plea — Its full text — Mr. Bayard's rcpli- catiua — Its fall tc.ct. On Docombcr 17, 1798, the Senate of the United States fuiniecl itself into a High Court of Impeachment for the trial of William Blount. James Mathers, Sergeant-at-arms of the Senate, made return under oath that he had executed his process by reading a copy of the writ of summons to William Blount and also by leaving a copy at his place of residence of Avhich he informed the said Wil- liam Blount. By order of the President tlie Sergeant-at-arms of the Senate made proclamation in the following words : " Hear ye ! Hear ye ! Hear ye ! William Blount, late a Sen- ator from the State of Tennessee, come forward and answer the Articles of Impeachment exhibited against you l>y the House of Ixe[)resentatives." William Blount not ai)pearing, tlic Court adjourned to 12 o'clock the next day. December IStli Jared Ingerscd and A. J. Dallius wereadjnitted by the Court to appear as the defendant's counsel. On motion, the managers of the Impeaclimcnt were allowed until the 24th to make further preparations. .Deceml)er 24th, the managers of the Impeachment moved that the counsel for the deponent be required to produce their powers of attorney to appear for tlie defence. The Court ruled that it was not necessary to i)roduce any sucli authority, as the counsel had already been admitted. Whereupon Mr. Ingcrsol made the following jilca, which was read by the Secretary : " Lv THK SkNATK of the r.MTKD StATKS, •• December 24, 1798. " The aforesaid William Blount, saving and reserving to him- self all exceptions to the imperfections and uncertainty of the Ar- 98 LIFE OF WILLIAM BLOUNT. tides of Impeachment, by Jared Ingersol and A. J. Dallas, bis attorneys, comes and defends tbe 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 wdth the original Constitution, and now forms a part thereof, and that by the same article it is de- clared and provided that "In all criminal prosecutions, the ac- cused shall enjoy the right to a speedy and public trial, by an im- partial 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 per- mitted by the Constitution of the United States, only on charges of bribery, treason, and other high crimes and misdemeanors, al- leged 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 Impeaciiment referred to ; vet, that he, the said William Blount, 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 Blount, in and by the said articles charged with having connnitted any crime or misdem6anor, in the execution of any civil officp 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 jurisdictioii. 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 cognizance prosecution, and punishment, of the said crimes and misdemeanors, if the same have been perpe - LIKK Ol' WILLIAM lU.or.NT. 99 trated, as is sujri^estctl and cliarircd hy tlif said artidrs, wliidi, however, he utterly denies. All whieli the said William is ready to verify, and i)rays jud^nnent whether this Ilijih Court will have further eoij;nizanee of this suit, and of the said impeachment, and whether he, the said William, to the said Articles of Impeach- ment, so as aforesaid preferred by the House of llepresentatives of the United States, ought to be compelled to answer. "Jaukd Ingkrsol, ''A. J. Dallas." Jamaky 3, 1799. To the foregoinof plea Mr. Bayard, chairman of the managers on the part of the House, made replication as follows : "The House of Representatives of the United States, prosecuting, on behalf of themselves and the people of the United States, the Articles ot Impeachment exhil)ited ])y them to the Senate of the United States against the said William Blount, reply to the plea •of the said William Blount, and say. that the niatlrrs alleged in the said plea are not sufficient to exempt the said \\'illiam Blount from answering the said Articles of Impeachment, because they say that, by the Constitution of the United States, the House of Representatives had power to i)refer the said Articles of Impeach- ment, and that the Senate have full and the sole power to try the same. Whereupon they demand that the plea aforesaid, of the said William Blount, be not allowed, but that the said William Blount be compelled to answer the said Articles of Impeachment. Signed by order and on 1)clialf of the House, '' JoNATirAN D.^YTON, Speaker.'^ Mr. Ingersoll rejoined as follows : " And the aforesaid William Blount, by Jared Ingersol and A. J. Dallas, his attorneys, says that the matter by him betbre alleged, Avhich he is ready to verify, is sufficient reason in law to show that this Court ought not to hold jurisdiction of the said impeach- ment and the Articles therein set fortli ; which said matter so as aforesaid by him alleged, the said House of Representatives not having denied or made answer thereto, he prays the judgment of this honorable Court, whether they will hold ftirther jurisdiction of the said impeachment, or take cognizance thereof, and whether the said William Blount shall make further ansv/er thereto. ''Jaukd Ingkrsoll, "A. J. Dallas." CHAPTER XXV. Comments—Sijnopsis of Mr. Bayard's Argument— Mr. Dallas replies to Mr. Bayard — Synojms of his Argument — Mr. IngersoVs Argu- ment — Mr. Harper's Argument. It will be seen from the pleadings that the plea went to the jud- isdiction of the Court ; that issue was joined on a pure question of law, and that the merits of the ease were in no wise rclavant to the decision. By agreement, Mr. Bayard first addressed the Court. Mr. Bayard first took up the question of the right to a trial by jury, which was raised in the plea. He argued that, even allow- ing that objection the utmost latitude, it was not pertinent in a plea to the jurisdiction ; because, before anything could be found for a jury to try, the articles must be answered, the facts put in issue, and then, indeed, the question niight be proper, whether the Court were bound to award a process in the nature of a venire fa- cias, to bring a jury to the bar. Admitting, then, that it belonged to a jury to try the facts, this in itself would be a weighty reason to show that the articles ought to be answered for the purpose of forming the issues, which alone could be the objects of the trial by jury. He argued further, that if the objection Avent to the ju- risdiction of the Senate, that this would extinguish its judicial character entirely and utterly defeat the impeachment provision in the Constitution. He thought that while it was the genera^ rule that a trial by jury was guaranteed in criminal prosecutions, that there were exceptions in the cases of impeachments and courts martial. Having disposed of this objection, Mr. Bayard maintained : 1. That impeachment is not confined to officers, but exti'uds to every citizen. 2. That a Senator is an oflicer of tlie United States, and as such officer is lialde to impeachment l)y express constitutional provi- sion. To establish the first point, he urged, that the Constitution em- ployed terms in their common law signification, and hence, must be interpreted and construed under the rules of the common law Thus, the Constitution in a multitude of instances emi)loys terms wliicli it does not define, but the meaning of which we must seels LIFK OF WII.I.IAM lU.oCNT. lOl in tlic coininon hnv ; o. q., avIhh it is saiil that attainder shall not •work corruption of the blood, wc must have recourse to the com- mon law to know what "corruption of blood" is. So with regard to impeachment. What was impeachment at common law ? For what otlences did it lie ? What class of persons were liable to impeachment? Mr. Bayard endeavoreil to show that the question of impeachal)ility was a question of discretion, only, with the Commons and Lords and would lie for whatever they con- ceived a high crime or misdemeanor, and that every individual was liable on an impeachment. This bein*;: the common law, the impeachment provision of the Constitution must l)e construed in accordance with it. To establish the second ]ioint — that a Senator is an olfieer — Mr. Bayard made a lont: ami lalxired argument, wiiidi cannot wvW be abridged, and whieh is too tedious and techuieal to l)e triven here. With regard to the objection that William Blount was not an officer of the United States, ]\Ir. IJayard says the objection falls if either of the two propositions set out can be maintained ; the ob- jection that he is not now a Senator is not well taken, if he was such when the impeachment was instituted ; the objection that the acts charged were not connected with the execution of the du- ties of his office, is not well taken, because there is nothing in the Constitution which confines impeachment to official acts and such restriction is contrary to the plain dictates of common sense; finally, with regard to the suggestion that the courts of common law had competent jurisdiction, it was not true, because those courts could not disipialify. which power belongeeen connnitted by William Blount in the character of a Senator. Mr. Dallas would not have thought it necessary to discuss the first branch of the first proposition had it not been for there- 102 LIFE OF WILLIAM BLOUNT, markable position taken by the manager, that impeachment lies- against all persons and for every species of office, to be determined by the discretion of Congress. Mr. Dallas said, " A claim of juris- diction so unlimited, embracing every object of the penal code, annihilating all discriminations between civil and military cases, and overthrowing the boundaries of Federal and State authority, ought surely to have been supported by an express and unequivo- cal obligation : but, behold, it rests entirely on an arbitrary impli- cation from the use of a single word. Mr. Dallas insisted : 1. That " the doctrine is contrary to the j>'>'^nci'ples of our Fed- eral compact," under which " all the powers and attributes of the National Government are matters of express and positive grant and transfer ; whatever is not expressly granted and transferred^ must be deemed to remain with the people, or with the respective States." 2. That the doctrine is inconsistent with the general policy of tlie law of impeachments. He quotes Woodeson to show that im- peachment w^as intended to reach that kind of offences and that that class of delinquents, when, from the nature of the offence and the influence of the person the ordinany courts could not give adequate redress or secure the necessary protection. He also stated that all the instances specified in Woodeson are of an offi- cial nature ; and no other description of impeachment by the Commons can be traced in the English books. 3. The doctrine is inconsistent with a fair construction of the the terms of the Constitution. In arguing this jioint Mr. Dallas remarked in conclusion : " The power, as it relates to the civil offi- cers of the United States, is expressly given ; it is not expressly given as relates to any other description of citizens ; and, there- fore, it is cnougli to ol>serve that it cannot be assumed or im- plied." Upon the second branch of the first general proposition, (tiiat the offence for which an impeachment lies must be committed in the execution of an oflicial trust) JNfr. Dallas remarked, that the courts of the country had power to punish for the common of- fences, but not for all official offences ; hence the necessity of im- peachment, and its restriction to this sphere. He fortified this position by reading express provisions to this effect from the Con- stitutions of New Hampshire, Massachusetts, New York, Pennsyl- vania, North Carolina, South Carolina, Georgia, Vermont, Ken- tucky and Tennessee, and argued that, this being the sense of the- LIFE OV WILLIAM HLoUNT. 103 States imlivRlually, it iniglit be lairly iHTsuim'd to Ix- their sense collectively. Upon the second general proposition, the argument is technical and very elaborate — too much so to be reprotlucetl here. Mr. Dallas argued in general that " the Legislative Department is, in all free governments, regarded as the sovereign ; and those who compose it cannot be properly classed as civil oflicers, or the subor- dinate functionaries of the State." He urged the great inconve- nience Avliich would arise from an opposite construction l)y de- stroying the independence of the two branches of the Legislature, by enabling the House of Representatives to drive a Senator from his seat, by arming a majority with the instruments of personal vengeance against their political opponents, and by ren- dering Senators the judges in the description of " civil officers " would generate endless absurdity and inconsistency in the Consti- tution itself. He said, in conclusion, that the the Honorable man- ager has misunderstood his plea in supposing it to assert a right of trial by jury in cases properly impcachaljlc. Mr. Ingersoll followed Mr. Dallas, and in the same line of argu- ment, considei'ing in succession tlie nature, the extent and the ob- jects of the power of impeachment, and arriving at the general propositions upon which the argument hinged, and which had been stated by Mr. Dallas. We make one quotation from his speech. He says : " As a further indication how little analogy there is between the character of a Senator and that of an officer of the Executive of the United States, let it be recollected that if a Senator resigns, or dies, in the recess of the State Legislature, the Executive of the State, not of the United States, supplies the vacancy. Tlie small State of Delaware has the same number of Senators as the large State of Massachusetts. Wliy? Because the Senators are the representatives of soveriegnty. Refine as we please, this proceeding aims at tiie Legislative character of the Senator. The impeachment destroys his influence as such. Com- mon fame is a sufficient foundation for this mode of proceeding ; its immediate effect, let the opinion of tlie House of Representa- tives determine who, on this occasion, even before the articles were presented or prepared, requested^'' that the accused, merely *They demanded it. — Eu. on an intimation from them that they had resolved to impeach him, might be suspended from his seat in this House." Mr. Henper, on the part of the managers, concluded the argu- ment. 104 LIFE OF WILLIAM BLOUNT He maintained the same two general propositions that had been laid down by Mr. Bayard. Upon the first proposition, insisting that every person for every crime is liable to impeachment under the discretion of the House, in conformity Avith what he alleged to be the English doctrine on this point, he asks : " if, therefore, it be proper and necessary to recur to every art and science for the explanation of terms which have been borrowed from it, where shall Ave search, but in the common law of England, for the nature and extent of the poAver of impeachment Avhich our Constitution has borroAved from that laAV ? It is answered, that Ave must recur to the Constitution itself. This, Mr. President, I would most readily admit — nay, most earnestly contend for — did the Consti- tioji contain any explanation on this subject. But is that the case? Let the Constitution answer." Not finding any exposition of the nature and extent of impeachment in the Constitution, he concludes that its nature and extent are to be determined by the Common Law of England. " It cannot be doubted," he says, '' that the term 'impeachment ' " in our Constitution has, and Avas intended by the framers of the Constitution to have pi*ecisely the same meaning, force, and extent, as in the English law. And it being perfectly clear that in the English laAv the poAA'er of impeachment is unlimited, and extends to CA'ery person and to every offence, it folloAvs undeniably that the positions of m}' learned colleague re- mains unshaken, and that the defendant in the present case is liable to impeachment for the offences charged against him by the House of Representatives." Upon the second general proposition (that a Senator is a civil officer of the United States Avithin the meaning of the Constitution) the argument of Mr. Henper is more elaborate than that of his colleague, Mr. Bayard, and its character is such that to make an abridgment of it, Avhich Avould fairly outline it, and Avould be for this Avork impracticable. Those wisljing to pursue this question further arc referred to the document itself. CHAPTER XXVI. Comments on the Arguments of Counsel — The Resolutions submitted on the 7th of January, on Liability to Impeachment — The debate— The vote taken January 10th and determined in the negative by a vote of yeas 11, nays 14 — On motion to dismiss proceeding there are 14 ayes and 11 nays — The Vice-President announces the result and the Court adjourned without day. In regard to all these arguments it may be remarked in general, tliat they are learned, lengthy, and able, but have no bearing Avhatever upon the historical facts of the alleged conspiracy. They are interesting to the lawyer, as monuments of Constitutional law, coming down from the first decade of our national existence ; to the historian they are interesting, as showing what progress had been made in settling the construction of the Constitution; they are interesting to the statesman and the philosopher as throw- ing light upon the nature of the government, and as evidences of the inherent defects of a written Constitution, which made such argument loossiblc. January 7th. On motion to agree to the following resolutions : That William Blount was a civil officer of the United States, within the meaning of the Constitution of the United States, and, therefore, liable to impeachment by the House of Representatives ; That, as the Articles of Impeaclnnent charge liim with high crimes and misdemeanors, supposed to have been committed while he was a Senator of the United States, liis pleaouglit to be over- ruled. After debate, on motion, tlie Court adjourned till 12 o'clock the next day. January 8th, the Senate resumed consideration of the motion, and, after debate, tlie Court adjourned till the next day, 12 o'clock. January 9th, the Senate resumed consideration of the motion, and after debate adjourned till 12 o'clock the next day. January 10th, the Court proceeded in the debate on the motion, and on the question to agree thereto it was determined in the nega- tive — yeas 11 ; nays 14, as follows: 106 LIFE OF WILLIAM BLOUNT. Yeas. — Messrs. Chipman, Davenport, Goodhue, Latimer, Liver- more, Lloyd, Paine, Ross, Stockton, Sedgwick and Tracy. Nays. — Messrs. Anderson, Bingham, Bloodworth, Brown, Foster, Greene, Gunn, Hillhouse, Howard, Langdon, Marshall, Martin, Mason and Read. On motion, the Court adjourned till 12 o'clock the next day. January 11th, on motion, it was determined that — The Court is of o])inion that the matter alleged in the plea of the defendant is sufficient in law to show that this Court ought not to hold jurisdiction of the said impeachment, and that the said impeachment is dismissed. Yeas 14, nays IL The yeas and nays on this question were exactly the reverse of what they were on the last. On motion, Ordered that the Secretary notify the House of Rep- resentatives that the Senate will be read}^ to receive the managers of the House of Representatives and the counsel on ^Iond;iy next,. January 14, at 12 o'clock, to render judgment on the impeach- ment against William Blount. The Court then adjourned. January 14th, the Court was opened and the parties were in at- tendance. The Vice President pronounced the judgment of the Court as follows : Gentlemen, Managers of the House of Rcpresentctivcs, and Gentlemen^ Counsel for WUliam Blount: The Court, after having given the most mature and serious con- sideration to the question, and to the full and able arguments urged on both sides, has come to the decision whicli I am now about to deliver. "The Court is of opinion that the matter alleged in the plea of the defendant is sufficient in law to show that this Court ought not to hold jurisdiction of the said impeaehrnent, and that the said impeachment is dismised." Copies of the judgment were delivered to the managers and to the counsel for the defendant, respectively. After which they withdrew; and, on motion, the Court ad- journed without a day. CHAPTER XXYll. Observations on the testimony — Political Excitement and Influences — Calm Judgment after nearly a Century, and a review of all tlie facts and circumstances — Quotations from Dr. Ramsey''s and Put- nam's Histories. After the lapse of almost a century from the time wlien these proceedings were had, we are able to form a better judgment re- specting them than could be formed at the time, when political excitement was at a high pitch and when the public mind was agitated and alarmed by all sorts of rumors and treasons, conspi- racies, and civil wars. Viewed under the light we now have, the expulsion of Gen. Blount from the Senate and his impeachment must be pronounced hasty, ill-advised, and unjust. Fortunately, the statement of Mr. Sitgreaves, ciiairman of com- mittee to prepare the articles, that the articles were i)redicated solely upon the Carey letter, confnies the examination of the question of Gov. Blount's legal guilt or innocence within a narrow compass. There are only two points to be inquired into : First, does the Carey letter justify tlic articles; second, is the letter itself evidence of guilt. First : The charge in the first article is that Gov. Blount " con- spired and contrived " to organize a military expedition " within the jurisdiction and territory of the United States and to conduct and carry on from thence a hostile, military expedition, &c." It is not charged that Gov. Blount actually did set on foot such an expedition or even undertook to do so. The charge in this article is the conspiracy. Now it is true, that to constitute the crime of conspiracy, no overt act is necessary. But it is equally true, that there must be a positive and definite agreement and confederacy to do some particular unlawful thing. A consulta- tion about the practicability of doing an unlawful thing, or even an agreement to do an unlawful thing upon contingencies, which contingencies never happen is not a conspiracy. It is equally true that one person alone cannot be guilty of conspiracy. With whom, then, does it appear from the Carey letter that Gov. Blount 108 LIFE OF WILLIAM BLOUNT. conspired? So far is tlie letter from proving that C4ov. Blount had conspired to do some jDarticular unlawful thing, that it states the contrary in express language, no less than three distinct times. He says : " I believe, hut amnot quite sure, that the plan then talked of will be attempted this fall, &c." Again : " You are, however, to understand that it is not yet quite certain that the plan will be at- tempted." Finally : " if I attempt this plan, &c." Could an in- telligent jury be found in the United States Avhich would convict for conspiracy upon evidence which established the fact that the very object that the alleged conspiracy was designed to effect had not yet been agreed upon ? If there was a conspiracy at all, the British Government was a party. But the British Govern- ment had not yet acceded to any arrangement, and what Gov. Blount should do depended entirely upon what that Government should do. So the charge of conspiracy falls, The charge in this article that he conspired and contrived to set on foot within the United States and carry on from thence a military expedition against Spain is utterly without ground of support in the Carey letter. On the contrary, it appears from the letter that no action whatever was to he taken unless satisfactory arragements were made in England ; and even had these arrangements been made, it was an arbitrary and unwarranted proceeding on the part of the committee to assume and charge that the expedition would be arranged within the jurisdiction of the United States, and its neu- trality be thereby violated. The charge in the second article must fall with that in the first, .and for the same reasons. Gov. Blount did not, in fact, incite the Indians to war against Spain, nor did he, in fact, conspire so to do. While writing Carey that he expects to have his Indian friends with him, he tells him over and over again that there is nothing certain, and that lie does not know whetlier he will engage in tlie enterjarise or not. With respect to the third article, the committee must have been quite sensible of the weakness of the material out of which they were laboring to bring forth an impeachment, when they had re- course to this accusation. The charge in substance is, that Gov. Blount was trying to get Hawkins out of office, because he was against his plan. Now, if tlie plan could be shown to be criminal tlien, indeed, there would be a propriety in showing that lie wished LIFE OF WILLIAM I5LOUNT. 109 to remove Hawkins, the better to accomplish it ; but until this coukl be shown, the charge that Gov. Blount desired Hawkins' removal is irrelevant, if not ridiculous. With regard to the fourth article, that he attempted to seduce James Carey from his duty and trust as a servant of the United States and engage him in " his said criminal intentions and con- spiracies " the same remark is to be repeated, that if the " said conspiracy " had been established, then the charge would have been pertinent. But the tact is, Gov. Blount did not know whether he Avould attempt anything or not, and distinctly told Carey that he did not know whether his services would be required or not. Witli regard to the iiftli article, the same remark is in place. That Gov. Blount, in order to keep up liis consequence among the Indians, should tell the Indians that the government of the United States had swindled them, is not in itself a crime. To judge from the general conduct of the government and government agents towards the Indians, it is reasonable to conclude that the Indians had been over-reached and cheated. The fatal defect in all the articles is this : They each and every one assume the precise thing which it was incumbent on the com- mittee to establish by jyroof. Assuming the fact of a criminal con- spiracy they make charges, which, if true, do not in themselves amount to criminal charges, but can only be construed as such on the assumption of a previous conspiracy, which is the very gist of the whole matter, and which they never troubled themselves to prove, but simply took for granted. If Gov. Blount Avas guilty at all, he was guilty either of a conspiracy, technically understood, or of an overt act, or of both. That he w'as not guilty of a con- spiracy, we have already attempted to show, we have also en- deavored to show that his efforts were only criminal on the condi- tion that they were put forth in the endeavor to accomplish some particular and definite object, criminal in itself. Now if it appears from the Carey letter (and it certainly does appear) that Gov. Blount had not yet formed any intention or purpose whatever, the foundation of the whole impeachment fails. Second : Is the letter itself evidence of guilt? After what has been said it will not be necessary to dwell upon 110 LIFE OF WILLIAM BLOUNT. this point. A careful reading and fair construction of the letter shows the following facts, viz : A plan of some kind had been talked over in Philadelphia the winter before ; Captain Chisholm mentioned the subject to the British Minister ; Gov. Blount was interested in the plan ; a person had gone to England to see if the necessary preliminary •arrangements could be made ; the Indians were expected to take a part if the plan should be attempted ; it was to be kept secret from all persons in the interest of the United States or of Spain ; Gov. Blount's consequence was to be kept up among the Indians ; Hawkins, who would oppose the plan, is to be removed from oflSce, if practicable ; the letter w^as to be burned when read. A very suspicious letter, indeed, if we assume, as the com- mittee did, a criminal plan; but entirely innocent in the absence ■of such assumption. Now, as a man is not to be presumed guilty, at the outset, and as Gov. Blount's guilt or innocence depended "upon the nature of his plan, and as this letter throws no light upon the nature of the plan — which in fact is not a pk?i, but the possibility of a plan, it would follow that no evidence of Gov. Blount's guilt is furnished by the letter. In truth, the fact that the Argus-eyed Sitgreaves squeezed the letter for the articles, is sufficient to show that there was no ground for a charge in the "letter which had not been brought forward in the articles. The foregoing review of the articles of impeachment has been made from a technical, legal stand-point. Such a view is neces- sarily narrow, it is special pleading; but it is precisely the kind of pleading that is requisite and necessary to employ against the in- dictment in the articles. It has been our purpose to attempt to show that the charges could not be substantiated either in law or in fact. If this should ai)pear then Gov. Blount is vindicated in law. But there is a much higher, and by far a more interesting considera- tion, and that is: Was Gov. Blount morally guilty of any crim- inal transaction? It is a matter of deep regret that much valuable material relat- ing to this subject has been hopelessly lost or destroyed. Judge John B. Robertson, of New Orleans, Avrites to Gov. James D. Porter, of Tennessee, unde^ date of February 6, 1876, as follows : " I have spent two days in the Louisiana State Library trying to LIFK OK WII.I.IAM HI.Or.NT. Ill find material upon which to iVauii' an answer and rcfntation to the charges against the pioneers of TLinusscc, l)Ut the seareh was vain; as the library of the State, once so rich in In.storic material, lias been robbed and plundered of most of its standard matter. " With the scanty records obtainable here, I would not attempt a i)artial answer to these old slanders, when I know that the ma- terial and records may be found in Tennessee for a full and com- ]detc vindication of William lilount and his co-patriots in Trnnessee." ]5ut the AYork of destruction had not been conliiicd to the Louisiana State Library. Dr. Ramsay, the liisi(.ri:in of 'l'( iniessee, writes to Gov. Porter, February 14, 187(5, as follows: ■"Every one knows that William Blount, one of the L'nited States Senators from TcMincsseo, was iin]ieaclu'(l ])efore that body and expelled from it. .Inly S. IT-'T. In your letter you allude to his vindication as made in I800 l)y his l)r<)ther, Willie Blount, formerly Governor of Tennessee, and referred to in my history ot the State, page 702. Unfortunately that able and impartial vindi- cation, together with all the other Blount papers, executive journal and corresi)on(lence Avith which the executor of Governor Willie Blount had generously enriched my large collection of historical and biogra])hical and other material for my second volume, were all in my ollice, when in ISii:;, my private residence, oflice, extensive historical library, corresi)ondence, and museum, man" iiscripts, all became a prey to the rapacity and incendiarism of a Federal soldier, and w'ere all consumed together." Doctor Ramsay says of this document: "Governor AVillie Blount, the writer of it, was a young'Cr brothc of Senator Blount, was his private and official secretary, and was thus associated intimately with hiiu in most of the transactions •of his public and privatelife, and wlio succeeded liim in the ad- ministration of the duties of Governor over the same people for many years. His character for candor and truth and impartiality Avill be no where questioned, and the position of no one could have been more favoralde for the ascertainment of all the facts he mentions, or the purposes to which he alludes in his vindi- cation of William Blount. At the time I read it (1862) the docu- ment was closely examined, even analyzed in all ins bearings — its arguments and its conditions. It was supported by the most ir- refragable testimony. I have had some opportunity in my i)ast life of sifting and comparing contemporary testimony, from wiiich •to illuminate historical truth, and I here declare the vindication 112 LIFE OF WILLIAM BLOUNT. by Gov. Willie Blount of Senator Blount to have been full and complete, not only explanatory and exculpatory in every particu- lar, but perfectly satisfactory to myself at the time it was before me." CHAPTER XXVIII. mud the ecidencc showed to have been Gova-nor BlounCs object — He took no unlawftd steps — An examination of the testimony of Dr. Romaijne — Colonel McClellan and the Blount letter — Chishohn — No evidence that Gov. Blount had any connection xoith him — Chis- hohis influence with the Indians. The cvitlence beforo the committee shows, and it is I'liirly ad- mitted, that the ostensible phm of Gov. Blount was to co-operate with England inconc|ueringfor that power the Spanish possessions in the Floridas and Louisiana. We say "ostensible plan, be- cause it may be that he conceived the ulterior design of securing this territory for the United States afterwards. But let this pass as conjecture. There was nothing criminal in the wish that Great Britain should possess this country in preference to Spain, nor was there anything criminal in his purpose of aiding the enter- prise, provided he took no unlawful steps in so doing, such as organizing an expedition within the territory of the United States^ of which purpose there is no where au}^ show of evidence. How did this plan originate in the mind of Gov. Blount? Doctor Nicholas Romayne was a gentleman of fine culture and a man of the world. He was acquainted with Mr. Pinckney, Sir AV. Pulteney, and Mr. Liston. He was at ease in this society ; he had travelled much and was familiar, as his letters indicate, Avith the policies of the different courts of Europe. He was un- doubterlly fond of political intrigue. He owned some land in Xortli Carolina, and had occasion to correspond with (iov. I'louiit al)Out it. Tiius they l)ecame acquainted. The scheme lor a land speculation followed, but was not carried out, owing to tlie small value of the Western lands. Genesee lands were high. Tennessee lands were comparatively valueless. Wiiy was tliis '' The Genes- see country was in the neighborhood of Canada : Tiiiiiessee was in the neigliborhood of the S])anis]i. With England in j)ossession of Louisiana, tlie hauls in Tennessee would be as valuable as those of the Genessee. It seems to have here and under these circumstances that Gov. Blount first conceived the idea of seeing what could be done to put Great Britain in the ])ossession of Louisiana. No one who reads Dr. Romayne's deposition can 114 LIFE OF WILLI A:M BLOUNT. doubt its sincerity imd truth. And the account he gives of the deep feehng exhibited by Gov. Blount, when speaking of the un- fortunate situation of the Western people, shows clcarl}' enough that it was his regard for the welfare of Tennessee — for the happi- ness and prosperity of her citizans — tliat effected him even to tears ; tears which it Avas never dreamed would be exposed to the public gaze, but which were shed in secret and in the presence of a single friend. With how much energy Gov. Blount })r()SL'Cutcd Ins plan, with what persons he conferred about it, with whom he corresponded we have no means of knowing. ^Yo may suppose, however, that he had been active, and esjDecially in Tennessee. Carey swore before the committee that Col. John McClellan, of Knoxville, speaking of the letter he (Carey) had given, up, had declared, that he had himself recived a lettei* from Gov. Blount wdiich he pre- sumed was of the same purport " but, by G — d, they Avould not get that from him." It may be remarked here in passing that it Avas a little inconsistent in an honorable committee to follow up anonymous communications, and to omit to send for such a gen- tleman as Col. McClellan. If Col. McClellan had received a letter from Gov. Blount it is to be supposed that many other persons had also received similar letters ; at all events, Tennessee Avas ready for Blount's plan, as apj^ears from the conduct of the people on the impeachment of their favorite. It does not appear that Gov. Blount had any connection Avhat- ever Avith the brawling Chisholm. Blount told Romayne that Chisholm had an afitiir of his OAvn on hand Avhich he (Blount) judged to be some petty plundering enterprise. This Avas not the kind of an enterprise that Gov. Blount contemplated. Gov. Blount's remarks about Chisholm, as they appear in the deposi- tions, all go to shoAV the same, and that Gov. Blount regarded him as a marplot. The allusion to the business of Captain Chisholm in the opening of the letter to Carey shoAvs no connection between them, further than that, Blount kncAV his plans, as did every one else Avho Avould letCinsholm talk to them. CJov. Blount means to say to Carey, to Avhom Chisholm had told liis own plan : " You knoAv Avhat Chisholm Avas after ; Avell, I have to tell you that something of that kind may possibly be attempted this fall." It is not rea- sonable to suppose that a man of Gov. Blount's experience, and knowing Chisholm as he did, should entrust any secret of impor- tance to his keeping or run the risk of being compromised by him. Chisholm doubtless had some influence Avith the Indians and lAVK Ol- W 11,1.1AM Itl.nl M\ 1 IT) 3uiglit have Ihtii a usi'Tul man in the |.i(.|iri- place, Init tlial {(lace Avas a very sulxinlinate (»iic. It was alxnit ilic 'JOtli of March, 17i)7, when Chisliolni sailed lor l^n-land. In a letli-r iVoin Thomas Davytt. Jiis l.n.ther William, the reader will ree.. licet that the writer informs him that Chishohn had ae.Mm|»lished nothing. This k'tter is dated S.'ptemher l-l, 17!>7. Hut Lord ( Ireiivilh^s letter to Mr. fiiston, derliniu;j; toaec(;deto tln' plan, hearsdate April 8th, 17U7. The lust of May (lov. IJlouut seems to haveahandoiiecl the husinei^s and wrote to Doctor lioniayne, ap()lo;,d/.in«r for not ■writing;, ami ex[iressin'^' his esteem, all of which seem to indicate that lie regarded the affair at an end. On the 2d of June, Ko- mayne writes Gov. Bh)unt that he considers the project " more un- certain than he diil/' and this letter ends the correspondence between them. CHAPTER XXIX. A view of Affairs in Tennessee previous to the period of Gov. Blount^s Impeachment — The first settlers from North Carolina — These made the first resistance to British Ojypression — Defeat of Insurgents at Alamance — The people of the Tcrrihrry in a state of Political Orphanage — Robertson and Shelb)/ — T/w '■ Volunteer State showed its pluck as early as October 10, 1774 — Action of tlie Watauga Convention, In J) etltioning the Prorisional ('unncil of North Caro- lina to Annex them to that District — Patriotism of tJic early Settleis Sevier, Shelby and Marion — The Services of tJte 2'ennexsec Soldiers — Col. Robertson'' s Settlement on the Lower Cumberland Valley — Nash- ville — Relations to Spain — Gen. Wilkinson — Sjiaiilsh /ntrif/iics to Destroy Western Settlements. A preliminaryview of the condition of afltiirs in Tennessee })re- vious to this period will be of much assistance in the effort tolonu a just conception of Gov. Bloiinfs proposed enterprise. The first settlers of Tennessee were the insurLiciits of North Carolina, who made the first armed n^sistanct^ to British u]»i)ri's- Bion on this continent, and shed tlie hi-st lilood in the cause of American liberty, at the battle of Alamance, Mn y IC). 1771. S[)cak- ing of these men, Dr. Ramsey says, in the letter Ix'fore referred to" " This defeat of the insurgents at Alamance ([Uelled for a time the S]>irit of resistance, l)ut the disatfeetion remaineil and caused the voluntary exile of thousands of indiLiiiaiit and iii(le]icndent freemen to the Western wilds, remote fiom the sent ol" powei- and free from the opi)ressions of royal oH'km rs. Wataiiua Liavc its cordial welcome to these honest lieailed and xiiluous ])atriot>. and here was the cradle of the infant Hercules. 'I'cnnessee. lUit follow these pioneers further. In the midst of the scchisions of their quiet homes in the wilderness, the refugees iind themsi'lves iso- lated from all contact with any organized go\-enniiciit — willi no allegiance to any human ])ower or law, and without any protec- tion ; in a Avord, in a stale of [lolitical orphauage. Without rulers or political authority amongst themselves, they instinctively, as it were, form an organization of their own and call themselvt's t he Watauga Association, which is even now considered a nu>del of LIFK OF WII.I.IAM lU.OlNT. 117 solf-govcruimnt. ami I'idiu its |iartii:ii(lial character is admitted to be "Well a(lai)kd to the wt-lfare and interests of a primitive peo- l»le. Scarcely is this simple organization completed and in opera- tion when a rumor reaches tliem that an invasion of an adjoining ■colony is threatened by a distant hostile tribe, instigated, as was believed, by British connnissaries. At once Alamance was re- membered and a si)irit of manly resistance to British oppression burns in the bosom of every frontiersman. The military force of the infant settlement is armed, and under theconnnand of Captain Robertson and Isaac »Shelby, and their comrades in arms, pene- trated the rugged and trackless wilderness, and made the first iirmed resistance to arbitrary power in the West. This was in the sanguinary liattle at the mouth of the Kanawa, fought October 10, 1774. Thus early divl the '• Volunteer State "commence lier novitiate in arms. A year later the pioneer fathers of Tennessee in full convention assembled at Watauga and petitioned the " Pro- visional Council of North Carolina " to annex their District to that province, informing the Council of their resolves to adhere strictly to the rules and orders of the Continental Congress, and in open committee acknowledged themselves indel)ted to the United Colonies, their full proportion of the continental expense, and of tlieir earnest wish to share in tlie glorious cause of liberty," such are their earnest words, and '' oflfering for its advancement the services of a military force already organized under Captain Rob- ertson, to act in the common cause on the sea-shore." How were the pledges and resolves of Watauga carried out ? Time does not permit a detailed account of their several camj^aigns again^^t the t'nemy and their tory allies at the P^nore, Pacolet, King's .Moun- tain or aftei wards at Wappetaw, where Sevier and Sht'lby jdincd the camp of Marion with five hundred rifiemen from the present Tennessee and drove the British to the very gates of Charlestown. It must be sufficient here to say that tlie soldiery of what is now upper East Tennessee had rni Minister and spoke upon tl.e sul.jeet; l.ut I believe he will .^o nito the Creek Nation, by ^vay of South Carolina or Georgia He gave out he was going to England, bnt I did not believe Imn. These last words aflbrd a pretty strong proof that they were not actnig wholly in concert. Probably Mr. Blount endeavored to persuade this- holm that he would co-operate in the prosecution of his scheme; while at the same time he might have another of his own, or m concert with Dr. Romavne,and stand ready, in the event of things, to make his advantage of either-whichever should offer the best i.rospect of success. Doctor Roy mane, you see, says that Mr Blount is totallv unknown to Mr. Liston. But is well known that Mr Blount was vour frequent guest, and intimate companion ; and that he was' on this intimate footing with you during the whole time that you were representing to the government your suspicions of British expeditions. After the discovery of the con- ^spiracv was made puldic, vou formally requested the American Government to punish him for so scandalous a crime. But seeing that Mr. Blount was a citizen of the United States, and not a sub- ject of Spain, it would have been decent in you to have left him with his own government, without interposing your advice. But especially when vou knew that the President had laid his letter before Congress; and the two Houses were deliberating on the modes of punishing him; when the investigation had proceeded so far that a committee of the Senate had reported a resolution that he should be impeached for high crimes and misdemeanors ; for you then to interfere was singularly improper; and it was such an ostentatious display of zeal as, under all the known circum- stances, suggests more than one interpretation." This extract from ]\Ir. Pickering's letter shows several very im- portant things. It shows first, that :\Ir. Pickering did not believe that Gov. Blount was in conspiracy with the British minister to seize the Spanish possessions and transfer them to Great Britain to the prejudice of the United States. And it is precisely in this intent that the grievance of Gov. 151ount"s alleged ofiencc was taken to consist. It shows in the second i.lace that Mr. Pickering believed Doctor Bomavne's testimonv, and if that testimony be accepted, then ( lov Blount had committed no crime, for the Doctor's evidence clears up the mvsterv of the Carey letter by showing tliat no determina- tion—much less steps— had been taken to do anything at all in the premises. 126 LIFE OF WILLIAM BLOUNT. It sliou's, tliinl, that Mr. Pickering did not believe that Gov Blount was acting in concert with Chisholm, so that all the evidence -against Chisholm has no relation whatever to Gov. Blount. It shows, fourth, that Mr. Pickering believed that the Spanish minister was treacherous and wholl}' destitute of truth and honor. It shows, lastly, that Mr. Pickering did not know what Gov. Blount's purpose was. and, consequently, could not honestly pro- nounce him guilty. Now, Mr. Pickering, as has Ijcen stated, was one of the most ac- tive prosecutors of Gov. Blount. If he thought as he said, then there was no other evidence against him than the Carey letter. But Romayne's testimony explains this letter. Besides, from the letter itself, as we have already. seen, there was no plan, no pur- pose to do anything at all, much less to do a criminal act. That ■Governor Blount was expelled from the Senate and impeached by the House under these circumstances can only be accounted for by the feverish state of the public mind, the violence of party spirit, and, perhaps, too, on less excusable grounds, which may some day come to light, but which at present must remain matter •of mere conjecture. CHAITKU WXII. Tlic Xavigatlon of the Mi^sissij,p! Juicer — D!.-ii <>(' tlic Mississij^pi river first arose in 1779-80. At tli;it timr tii( rnil.d States had no (lii)!()iiiatic relations with Sjiain, ami tlic matter was lirou,iiht up hy tlic French cmhassador, the Chi\ali( r ^r la Luzerne. In a sei-rct coinninniea- tion to Congress he inlornic(i that Ixuly, that l>y the eomniand of tlic King of France the King ol" Sjiain would join tlu; I'nited States against England on certain conditions. ( »nc of these con- ditions Avas, that th(> exclusive navigatioi, of the Mississipjn river should helong to Spain. The conditions pro)iosed were rejected I'V Congress. In August, 1781, it was proposed in Congress to vest in the Min- ister at Madrid dist retinnai-y jiowers over the naviiiatinii of the Alississippi. The projiosition was unaninK)Usly rejecteil. The ciuestion was not again ojiened until 1785, Avheii the Span- ish minister. Don (iardouqui, arrived with jiowers to negotiate a treaty. Mr. Jay, Secretary of State lor Foreign Affairs, was ap- jjointed to treat with Ijim, and one clause of his instructions made the free navigation of the Mississi])pi and the use of a j)ort near its JTiouth, an indispensahle condition to the conclusion of the treaty. On the 29th of May, 178G, Mr. Jay addressed a letter to the President of Congress, suggesting the advisahility of appointing a <'ommittee with power to instruct, and direct him on evi ry point of the proposed treaty. The letter was referred to committee. The committee required Mr. Jay to give a specific statement of the difficulties. He did so, in a written statem(>nt. He advised that the United States should al>andon to Spain the exclusive naviga- tion of the Mississippi river for tweny-tive to thirty years, hut that Spain should jiurchase many articles from the United States, <»f which whale oil and cod fish w^Te especially insisted U))on.* *Jourual, vol. 4, pp. 45-63. ^' From this instant," says Mr. Benton in his speich in the Senate, February 2, 1830, ''the division between the North and the South, on the subject of the West, sprung into existence. A series of motions and votes ensued, and a struggle, which continued two 128 LIFE OF WILLIAM BLOUXT years, in which Maryland and all South voted one way, and New Jersey and all North voted the other." Mr. King, of New York, moved to repeal the clause in the instructions given to Mr. Jay, making the free navigation of the Mississippi a sine qua non ; and the motion was carried by the votes of the seven Northern States against the others. Mr. Pinckney, of South Carolina, moved to re- voke the instructions and put a stop to the whole negotiation, which was lost by the same vote. Mr. Pinckney afterwards moved, to declare it a violation of the Articles of the Confederation for seven States to alter the instructions for negotiating a treaty, those articles requiring the consent of nine States. This motion was lost by the same vote. Thus it appears that these gentle- men were not only willing to surrender the free navigation, but were further ready to violate the solemn Articles to do so. See- ing no hope of securing anything more, the delegates from Vir- ginia then moved to make it a sine qua non that citizens of the United States be allowed to export their produce on paying a small export duty. But even this was lost, and l)y tlie same vote. New Hampshire, Massachusetts, Rhode Island, Connec- ticut, New York, New Jersey and Pennsylvania — seven, against Maryland, Virginia, North Carolina, South Carolina, and Georgia, five, Delaware not being present. The navigation of the Misssssipi)i was saved at this time only by a lucky accident. In 1787 a citizen of North Carolina was ar- rested at Natchez and his vessel and cargo confiscated l)y order of the Spanish Governor, Grandpre. Mr. Madison took advantage of the incident in 1788. In 1788 the Governor of North Carolina, its Legislature, and all its delegates in Congress made pressing ap- peals, and Mr. Madison was thus able to carry a resolution providing that the whole sucject be referred to the new Federal Government, Avhich was to go into operation the following year. The ( juestion was fortunately settled for the time, l;)Ut the spirit in wliieh tlie ]>ur- pose to give up the ;Mississip])i originated, had lost none of its characteristic enterprise. Tlie notion that the growth of the West was incompatible with the supremacy of the Northeast, and that its rivers were to be exj^lored for their special benefit, was, as Mr, Benton savs, still stronglv rooted in tht'ir minds. CHAPTEll XXXIII. TJie Indian Wars — Fcfusal of Congress to extend aid to the Western Pioneers — Pioneers, without hope of aid from the General Govern- ment, rely upon themselves. "With regard to tlie sufTerings of the young Wv^i under its In- dian wars, and its vain appeals for so nian}'^ years to the Federal Government for suceor and relief, Mr. Benton, in the speech before referred to, presents the following startling but true picture. lie says : "The history of twelve years' suffering in Tennessee, from 1780 to 1792, when the inhabitants succeeded in conquering peace with- out the aid of Federal troops ; and of sixteen years' carnage in Kentucky, from 1774 to 1790, when the first effectual relief began to be extended, would require volumes of detail for which we have no time, and powers of description for which I have no talent. Then was witnessed the scenes of woe and death, of carnage and destruction, which no words of mine can ever paint; instances of heroism in men, of fortitude, and devotcdncss in women, of in- stinctive courage in little children, which the annals of the most celebrated nations can never surpass. Then was seen tlie Indian warfare in all its horrors — that warfare which spares neither de- crepit age, nor blooming youth, nor manly strengtli, nor infant Aveakness; in which the sleeping family awoke from their beds in the midst of flames and slaughter; when virgins were led off cap- tive by savage monsters ; when mothers were loaded with their cliildren and compelled to march ; and when, unable to keep ui"*, were relieved of their burthen l)y seeing the brains of infants beat out on a tree; when the slow consuming fire of the stake devoured its victim in the presence of pitying friends, and in the midst of exulting demons ; when the corn was planted, the fields were ploughed, the crops were gathered, tlie cows were milked, water was brought from the spring, and (iod was worsliiped under the guard and protection of arnjed nun ; when the night was the sea son for traveling, the im])ervious forest the highway,^ni(l the place of safety most remote from the habitation of man ; whei\ every house was a fort, and every fort subject to seige and as.sault. Such was the warfare in the infant settlements of Kentucky and Ten- nesee, and which the aged men, actors in the dread ful scenes, have related to me so manv times." 130 LIFE OF WILLIAM BLOUNT. What was the response of. Congress to the pitious appeal that came up to them from these sorely tried pioneers ? Let one in- stance serve for all. On June 21, 1786, when this warefare was at its height, a reso- tion introduced by Mr. Grayson, of Virginia, was reported, provid- ing that ; " The Secretary of War direct the commanding officer of the troops to detach two companies to the Rapids of the Ohio, to protect the inhabitants from the depredations and incursions of the Indians." This request was not made while the colonies were collecting all their energies in the struggle for independence, but after peace had been declared; it did not ask for the levy of new troops, but only that those already in service should be moved to their assis- tance ; it asked for them not for aggressive operations, but for de- fence; finally, it asked for but the companies. The request was not merely reasonable, it was most modest. But it was refused. After speaking of a second failure in this direction, Mr. Benton said further, as follows : " Defeated, but not subdued — repulsed, but not vanquished — invincible in the work of justice and humanity, the Virginia dele- gation immediately commenced new operations and devised new plans for the relief of the West. On the very next day, June 30th, a motion was made by Mr. Lee, seconded by Mr. Monroe, to have one thousand men of the Virginia militia held in readiness, and called out in case of necessity, for the protection of the West. Even this was resisted ! A motion was made by Mr. King, of Massachusetts, seconded by Mr. Long of New Hampshire, to strike out thenumber " onethousand." It was struck out accordingly, there be- ingbut five States, to wit : Maryland, Virginia, North Carolina, South Carohna and Georgia in favor of retaining it. The resolution, eviscer- ated of this essential part, w?s allowed to pass; and thus, on the 30th day of June, in the year 1786, the Govornor of Virginia ob- tained the privilege from the Continental Congi*ess to order some militia in Kentucky to hold themselves in readiness to protect the country in case of necessity ! Thus, at the end of twelve years from the commencement of the Indian Avars, Kentucky obtained that much ! She fought out the Avar from 1780 to 1792 upon her own bottom, Avithout the assent, and against the commands of Con- gress. Expresses Avere often despatched to recall her expeditions going in pursuit of Indians Avho had invaded her settlements. The decisive expedition to the toAvn of Nicojack, Avhich Avas formed upon the plan of Mr. Grayson, Avas, in legal acceptation, a huvless LIFE OV WILLIAM I'.LOUNT. 131 invasion of a iViendly trihe. The hravc and patiiotic. men, who swam tlie Tennessee river, three quarters of a mile wide, shoving their arms before them on rafts, and stormed the town, and drove the Indians from the gap in tiie mountain — the Thermopyla) of the country — and gave peace to the Cumberland settlements, did it with Federal halters round tln'ir necks ; for (he expedition was contrary to law." In addition to what has been adduced to show the desire of the Xortheast to prevent the growtli of the West, by attempting to sur- render the Mississippi and by delivering the inhaljitants into the hands oi' the savagc^s, may l>e mentioned those measures si)ecially designed to cheek emigi-ation, such as the restrictions placed upon the sale of the pulilic lands and the refusal to treat for the cession of Indian lands. The pioneers of Tennessee had nothing to exi)ect from the gen- eral government. The treatment tbey had received from this quarter had taught them to rely upon themselves and upon them- selves alone. It sliould lie no more a matter of surprise that they wished to acquire the free navigation of the Mississipjn without the consent of the general government, than that they should make war upon the Indians witliout that consent. Xor is it sur- prising tiiat they should crown (lov. Hlount with iresh honors, after his expulsion and imi)eachnKnt. for his patriotism and his devo- tion to their welfare. On July 5, 1797, Gov. Blount wrote from Philadelphia to the people of Tennessee the following letter : " In a few days you will see published by order of Congress a letter said to have been written by me to James Carey. It makes <|uite a fuss here. The people upon the Western Avaters will see nothing but good in it, for so I intended it, especially for Ten- iiesse." CHAPTER XXXIV. Further continuation of Gov. Blottnfs History from the unpublished Manuscript — Dangers uhich environed the Settlers in Tennessee — Territory owned by the Spanish Government — Holding the Mouth of the Mississippi River — 2he Indians — Ihe Unfriendly Restric- tions of the Spaniards on the Navigation of the Mississippi River — The Treaty of October^ 1795 — Spahi's Treaty icith France excites alarm — Ihefree Navagation of tlie Mississippi River put in Jeop- ardy by Spain''s Treaty uith Fiance — TJie Fopvl&ion (f our Minis- ter from France — Gov. Bhnmt, idio supjported the idea of the command of the Navigation of the Mississippi River by the Western people, teas their Champion- — His uelcome on his return to Tennes- see — Made Speaher of the State Senate — Aoi account of his recep-^ tion. The following accurate and succinct extract from the MSB, here- tofore referred to, will serve to supplement and explain what has been said in regard to the relation of the people of Tennessee to their foreign neighbors. It seemed impossible for Congress to realize the dangers and trials which environed and harrassed the frontier settlements, or to comprehend the causes and extent of the exasperation between the Indians and Spaniards on the one side, and the people of Ten- nessee and Kentucky on the other. The Spanish Government owned the Floridas and Louisiana, holding themouth of the Miss- issippi and the west side of that stream up, to latitude 42°. Many of the hostile incursions and savage atrocities committed by the Indians were tracable to the Spaniards. Their unfriendly restric- tions upon the navigation of the Mississippi had been the source of constant annoyance and injustice to the inhabitants, and the occa- sion of warm remonstrances by Governor ]>lount. But by the treaty of October, 1795, Spain had agreed that the navigation should be free to the citizens of the United States. A more friendly feeling had begun to be cultivated. The savages had received such a wholesome chastisement at Nickajack, in 1794, that they were in no condition to renew hostilities. Under these circum- stances the Spanish authorities ofiered great inducements to our LIFE or WII.I.IAM lU.nlNl'. 133 AVcstorn people to accept V\])vva\ -rants of laiul on the west side of the jii-cat river, and to colonize that distant ri-gion. In the midst of these ncLjotiations, early in 1797, the report became i-ul-lic and was uvncvally helieved, that Spain, in a treaty which she had I'ccn compelled to make -with France, had l)y a secret clause retroceded to her the Floridas and J.onisiana, inclnd- ing the vast territory west of the Mississii)pi. France had for several years occupied a menacing attitude towards the United States, and liaro})er to give it to the world. At any rate it should l)e taken Avhile it may be had. " It will be clear that, as our alfairs then stood, the I'nited Statics would have been essentially prolite(l by the contemplated specu- lation. Hut I have forgotten so uiany of t\\c old alleged facts that I need the pamjihlet to refresh my memory. "The Jersey membt'r having to relVi'sh himself laid down the Capitol for a few' months from his shouldeis. Congress seems at present to be seriously entering upon the usual duties of the session. I wish them a good deliverance, and am. with lln' sin- cerest esteem, your obedient servant, " Ilr. Williamson. "Honorable Tiios. Blouxt." (This is in handwriting of Dr. llu. \Mllianison.) A A Short Account of the Origin and Progress of a Speculation llud Termi- nated in a Project that wa-s called Blount's Con.spiracj/.'-'' " In the year 17'.)"), sundry gt'ntlenien in London, wishing to in- crease their fortunes, (soniL" of them having court interest,) projected *Thu above is u copy of an unsigned paper whieli acuoinpaiiied an original letter written by Hugh AVilliam.son to Gen. Thomas Blount, diitcd Msueh 3, 1808, and whicli letter is copied herewith some eight or ten years ago. exact time not remembered. The Honorable Supreme. I udge, Wm il Kudman of Wash- ington, X. C, who was a nephew of Gov. Wm. Ijlount. .-nd named for him, .since had the original letter addre.s.sed to Gen. 'J'homas Blount, of Tarborough, N. C, at Washington city by Dr. Hugh Williamson, then of New York — wliich letter was dated od of March, ISOH. and was mailed to (Jen. Hlount on the4lh, and marked free. Gen. Thomas Blount died at Washington in 1812, wjiiie at- tending Congress. This origiiial letter was accompanied by a '• statement,'' evidently in Dr. Williamson's handwriting, and though not signed by William- son, was intended to be connected with the letter. 140 LIFE OF WILLIAM BLOUNT. a plan for obtaiuinji; and settling a province on the Mississippi. " It was known to those gentlemen that in the year 1787, when ]\Ir. Gardoquin was minister to the United States from the Court of Spain, that court was very desirous to cause tlie citizens of the United States, especially the inhabitants of Kentucky, to remove and settle on the western side of the Mississippi, in the territory of Spain. B}^ that measure they expected to draw off the people Avho were very clamorous and nearly riotious al)Out getting pos- session of the navigation of the Mississippi. " The whole course of that business being known to the gentlemen in question, they had a right to suppose that Spain would not luive any objection to making a grant of land on the west side of the Mississippi to be settled by people from the United States. " The Marquis cle las Casas, Count Montier, and Dr. Romayne, Avere the original projectors of the speculatioiL The Marquis de las Casas was at that time ambassador from Spain to the Court of London. Count Montier, before the French revolution, had been minister to the United States from the King of France, but was out of favor, under the French republic, etc., was in London. Spain at that period was at peace with England, but she had lately been at war with the French republic. " The plan of this triumvirate was to obtain the grant of a tract of land bounded to the eastward by the Mississippi, to the south- ward and westward by the Missouri, and to the northward by a parallel of latitude, the 42d degree ; to be a province called the Delta. It would have contained about fourteen millions of acres. " A form of government was prepared and a charti'r was made out, in whicli were inserted the names of the aliove stated three adventurers, with a blank to be tilled in Madrid by such other names as might be necessary to obtaining tlie royal signature. " In the form of government it was jn-ovided, among other things, that the inhabitants should enjoy the free exercise of their religion, but the i)roi)rietors were, at their own expense, 1o keep schools in €very townsliif) or i)arish, for teaching the Spanish language. Thus it would foHow that in time Spanish would l>e the language of the province. Things went on prospei'ousiy, and tlu' company, according to accounts from S[)ain, were eon (ident of success ; but on the next summer, viz: in 17i)(t, they werc> infornie(l that the grant could not pass. This was, to the S[)anisli enii.assador him- self, asul)joctof surprise, buthe learned the cause. Spain liad been compelled to make peace with France, and tiiere was a secret LIFE OF WILLIAM BLOUNT. 141 article in the treaty by whi^-li slie had^iveii up all rvouisiana. The projected province was included in that cession. "Spain continued for some time at peace with England, hut in 1797, at the time of the interview between Gov. Blount and Dr. Romayne, England was at war with both those nations — Franco and Spain. " When it was fully ascertained that Spain had yielded Louisiana to France, the only question that presented itself to Dr. Romayne was, whether it would be safe^St and best for the citizens of the United States on the western waters to have an English or a French colony settled near the mouth of the Mississippi. In case of an English colony, the navigation of the Mississippi was secured to the Western States, for England had expressly given it to us by treaty, and this was the great desideratum of the Western people. " It was also clear that the English, being a commercial nation, would accommodate the settlers in the "Western States ; nor could there be any danger of a territorial war with the English in that province. On the other hand, if the French should take posses- sion of New Orleans and the Mississippi, it was very questionable whether our people could ever obtain the free navigation of that river, except by becoming French subjects. But one thing might be counted on, if we had French neighbors, viz ; that we should have a constant recurrence of broils and quarrels. " It was clear that England with a very small exertion might pos- sess herself of New Orleans, and whether that province, when peace should be made, was claimed by France or by Spain, Eng- land Avould doubtless keep it, for West Florida had formerly belonged to her. " Such was the detail that Dr. Romayne stated to Gov. Blount, and he alleged that if he could by any means be aiding to Great Britain in getting possession of New Orleans he would render the most essential service to his fellow citizens on the western waters. He would secure to them, what otherwise they had little hope of getting, the free navigation of the Mississippi, and he would obviate the arrival of a powerful and dangerous neighbor. " Gov. Blount approved of those reasonings, ami with motives truly patriotic he resolved to ]n-omote the measure. His fault was a misfortune that is too connnon. He trusted to an intemperate and unqualilied agent. ''The plan that was to have been executed by the English gov- ernment, as will appear by the detail, was by no means dillicult." In the full enjoyment of power and popularity, Gov. Blount SOLIi 142 LIFE OF WILLIAM BLOUXT. died on the 21st of March, 1800, at Knoxville, after a short iUness, lamented b\' a community who reverenced him with filial affection. A marble slab in the First Presbyterian Church-yard covers his Temains. On one side of him lies his wife, who died October 7, 1802, and on the other, his sister, Mrs. Ann Harvey, who died June 3, 1805. In respect to his merits and services, the county of Blount, and Blountville were named after him by the Legislature ; and as a comiDliment to Mrs. Blount, the Legislature gave her name to Granger county and the town of Mary ville ; her maiden namebeing Mary Grainger. His six children who survived him, were : First. Ann, who married Henry I. Toole, and on his death, Hadley, both of North Carolina. Second. Mary Louisa, who married Pleasant M. Miller, of Knox- ville, in April, 1801, and became the mother of Major Albert S. Miller, of the United States Army ; Gen. Wm. B. MiUer ; Malvina, wife of Charles ^McClung, of Knoxville ; Dorthula, wife of Gen. Alexander B. Bradford, a distinguished lawyer and soldier ; Susan, wife of Joel H. Dyer, a lawyer; Barbara, Avife of Col. William H. Stephens, a lawyer, formerly of Tennessee, now of California ; Mar- tha Grainger ]\liller ; Mary Ann Miller, and John Jacob Miller. Third. William Grainger Blount, a gentleman of ability and merit, who twice represented the Knoxville district in Congress, and died in 1827; unmarried. Fourth, Richard Blackledge Blount, who married Catherine Miner, of Montgomery county, and died about the year 1861, leav- ing issue. Fifth, Barbara Blount, born in 1792, and married to that ac- complished gentleman and distinguished soldier, Major-General Edmund P. Gaines. She died in 183G, leaving one son, Edmund P., who resides in Washington City. Sixth. Eliza Blount, who married Dr. Edward Wyatt, a surgeon in the United States Arm.)', and died leaving children, of whom the only surviving is Mary, the widow of Josiah Ayres, now living in Colorado Territory. 4 yy W ^z^^' /^