Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-04-07


legally bound so to do, didnot bass;iy or
oisrsspec'fuiiy come to its final decision,
i'hout giving those administering the aft.
LARS oi the state every opportunity of en-.
tightening the mind of the c.ut on the
merits and sta ing their claims, for its
consideration, before The decree, which.
being then pressed for by the lbellant.,
the court had no legal justification 10 de.
lay or refuse. Afer the tecree, the state.
through nheir proper officer or counsel.
had every opportunity Of filing a sagges.
ton ON h- point of jurisd clion, which is
never 100 late and may be done after
Judgment as we'll as before, and {. the
sui would be still de e Ding.
That they had had early "notice' of
the decree, appears by the message of the
governor and the proceedings of the legis.
lature. Yet years passed away and no
step was taken to bring the case under
the decision of the superior tribunal of
the United States; though this was
situation in which the governor when chief
justice, expressed a desire it should be
placed. A suggestion on the part of the
state would neither have compromised its
dignity, nor its alledged rights. The Uni
ted States, and most of the European ma
sions through their agents, have filed sug-
gestIons in this court and it never has
been deemed, by any body, concession of
their dignity or their rights. I do not mem
ton these views of the subject with inten-
ton, in this place and on this account, to
censure the state nor it's officers. They
nave right to judge for themselves. But
1t is duty owe to the station Ihold, to
oppose true state of facts to misconcep-
tons and misrepresentation. And it is to
IN IN In l,tr ~.
we'd upon, are not singular, in this un fortu.
nate case. Under those impressions, I
hoped delay OF execution would give time
TOR a favourable change, and be justified
by the event. And If he state did not en-.
ter into any proceedings here, it was ow.
ing to want of opportunity for notice.
4he Supreme court of the u. States
were fully warranted in saying (Which /
! remark because transmitted to them the
proceedings in this cour) that "while this
suit was depending the state forbore to as
sert It's title" And the committee who
mistakenly averred, with an apparent view
to account for its so doing, that "the state
OF Pennsylvania had no notice." were, no
doubt, uniformed of the facts. If direct
notice from this court by immediate COM
munication from me to the executive or le-
sislature, was understood TIC be proper, it
could not be expected, on any legal or rea-
sonable ground. The court, from con-.
viction OF its improperly, never enters,
nor never will engage, in a correspondence
orintercourse, in its judicial capacity. with
other branches even of the national govern
ment, on the subject of suits depending
here. Much less will it enter into such
correspondence with governments of states
though for them il entertaius every degree
of oficial respect The Judge in his pri-
bae a
never will hold correspondence of this ma
ture.
THIS account is given so much at large,
with the sole motive of repellng an unfoun-
ded assertion, which with whatever object
IL may have been made, implicg ties. the.
Conduct OF court of q nation in case
which may become one OF national concern.
In this event it win be OF national impor.
lance; however small is that of the indiyi-
dull who cxercises the judicial functions of
this court. 1t is on this consideration that,
in nv place, and in the presence of those
who know their verify, have m de these
decla' atoms. If they are out # ne COM
mon course of judiciary proceeding, so is,
the cause and occasion which has gwen rise
to them.
We copy the following article from the
Gazette of u States for its. exactness or
wheter it has receive higher colour than
the facts authorize, we cannot undertake
to determine but that the troops were ar.
rayed in arms and for the purpose alleGg-
ed, is fact 100 true and lamentable.
Aurora.
On Friday last. writ was is ucd Gu; Of
the district court Of toe u S9tes for this
district commanding the marshal 10 arrest
and detain the bodies OF Eizabeth Sergeant
and Esther Waters, exex's of David Rt-
tenhouse, deceased, until they should COM
ply with the decree of the court in Olms-
tead's case; and on the following dav the
the marshal, Mr.. Smith, attended by wa
officers, proceeded to the house of ore of
the executives Mrs. Sergeant, IN order
TO execute the writ. Since THURSDAY NOR.
nIng, regular guard, composed of de-.
tachmeDt of the militia of the state, under
the command of gen. Bright, has been kept
a. the houses of both Of the executrixes.
On the approach of the marshal, the sem
try presented his bayonet, and forbid any
attempt TO enter the house at the peril ,f
his life. In few minutes eight men Yin
uniformly u armed with muske,s and fix
ed bayonets, joined their comrade, and -
he had done. prpeonfed tbe;r