Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-03-14


property and persons of the sad exec
1trlxes, against the said process
fainiul as this duty is, | am. compel
led, and am now making arransem nt'
! to call out portion of the militia fo,
that service that being the only mean.
III the power OF the executive. As
the execution of this law may produce
serious difficulties, as it respects the
relation between the state govern men,
and that of the United States, have
thought proper to maxi this commu.
nicatton, on which the Legislature can
act as in their wisdom they shall think
expedient.
SIMON SNYDER.
10 the non. James Eugie, Esq.
Speaker OF the House of Re.
representatives..
Lancaster, February 27, 1909.
The preceding message from the
governor IS founded on Law OF 18o3
compelling this step to be taken, and
leaving no alternatives In the first in
stance, therefore, the gov. could 10 no.
thing but what ne has done. What the
Legislature will ultimately do, is another
question, upon whose ultimate deter
mlnation we have no doubt the modern
anti-tederalists will be completely dis
appointed IN their hopes and exp.ctsti-
ols. We have no hesitation in saving
that Pennsylvania, however Jealous of
her rights, will not be found in the
present crisis ranked among the DIS
organizing states.
nat our readers may form some
notion OF the general question now ,,ib-
mitted TO the Legislature, we shall
present the following brief statement
OF facts.
During the revolutionary war, the
British sloop Active being captured
by Gideon Olmstead and others,
part OF the proceeds OF the prize were
claimed (under existing regulations)
by the state of Peunsy wanna. FMS
right was contested by the caotors, x
several discussions were had upon the
SUBJECT, on some of whlch the fIghe of
pennsylvania was acknowl dged, and
In others nega;,ved. Some Time in
1902, the decree of the court of ap-
Peais underwent ii revision In the dis
tricr court, where Judge Peters presi-
ded, and the decree was In favor of
the captors.
Inc suit was brought against the
representative OF the late DAVID Ri
tennousr, to whom the money claimed
oy the states was paid, as treasurer of
sie stats; and he considering himself
rs iaefe stakeholder, gave bond, as
treasurer OF the state, 20 refund the
money, II the final Judgment of the
law should be in favor of the cartors.
by an amendment to the constitution of
'he " states, the federal Courts nave 10
where a state is defendant. In
tue present case, the real defendant was
Tie state OF PENNSYLVANIA, for If her officer
was sued IN his public Capacity land he was
anena0ie IN 10 other under his bondl the
state Was IN fact sued. R.ttenhouse did
not Claim the money: it was claimed by
he captors on the one nand and oy the
'tate Oh pennsylvania on the other. MIR.
vi mean, the then attorney general there
ore properly deciined appearing either by
lsIehce, suggestion or otherwise IN a court
Which could have no Jurisdiction in the
Cause. The proce edings of Judge Peters
therefore ana OF judge Marshall are per-
iectiy exparte They have decided with
out arsument either IN the la N or the me
rats. Indeed why and now 1t has happen
ed tnat Chief justice Marshall has been so
very ANXIOUS TO enter into an exparte IN
Vestigation OF the merits OF a case, when
the merits made no part OF the question be.
lore nlInjis d circumstance that some Years
ago WOULD have Oeen deemed very singular
III Chief justice OF the union The only
question before the court was, whether
Judge PeterS'S return te the manda,nus OK
the act OF the Pennsylvania legislature OF
1908, was sufficient return.
That the State OF Pennsylvania was the
real and only defendant III the Court of
Judge Paters, no reasonable man can doubt
at least as ii appears TO US. Nor can there
DC DOUBT of the proplIety OF declining ali
investigation before Court that mao no
right to entertain it. Still the paltry SUN
oil $4,000 dollars, is lot a cons deratiou
sufficient 10 induce the state OF p, nnsylva-
MIA, winch stands now the great bond OF
union IN this nation, 10 throw her weight
into the scale OF revolt; and to give ire
sistlble force and effect TO British machina-
lions. Sne may retain and maintain her
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