The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-04-07


they have been placed, by tie replacing of
Oimstcad's money in their hands; by This
means, the state will have fulfilled its en-
gasements. the measures secretly medi,at-
ed against the officers of IT, state, will be
frustrated, and tho. who triumph in the
prospect of t.'cord, viii themselves be dis
appointed. aurora:
HOUSE OF REPRESENTATIVES :
OF PENNSYLVANIA.
Order Of me day fer UFeGnes10y, March
20, 1909.
Relative to certain proceedings in. the case
of the prize sloop Active.
WHEREAS, by an act of the general as
scnbly' of this. commonwealth, passed the
second day of April in the year Of cur Lord
! one thousand eight hundred and three, enti-
tied, can act relating to the claim of this
commonwealth against Elizabeth Sergeant
and Esther Waters, surviving e!eca,r;xss
OF David Rittenhouse, esquire, DECEASED -
the right ofthis commonwealth wasasserted
to certain monies which the said eXGutrixes
OF David Rittenhouse, heretofore treasurer
OF the commonwealth ofPennsylvanis, admit
ted to havehee received by them in ,he man.
ner IN tbs same act particularly set forth as
u Ze.
the "Active, Captured during the reyo ution-
airy war; andprovision was made, among o.
Their things, thatif, in pursuance of the retui-
sition OF the said act. Ohe decree of the dis
trlct court OF Pennsylvania in the said act
mentioned to the contrary Notwithstanding
the said eXecutriXes should pay the said
monies into the treasury of the common
wealth, without suit brought against them to
compel such payment, they should be indem-
nihed for so .oing: And whereas, the SUI
Preme court Of the United States have re-
viewed the proceedings of the said district
court OF Pennsylvania, and have adudged,
that the decree thereof ought Co be enforced
notwithstanding the claim of the common
wealth, and the payment of the said monies
into the treasury thereof as aforesaid And
whereas, the good faith of this common
wealth requires that the said engagement Of
indemnity should be effectnally performed :
And whereas, sundry unforeseen difficult
ties may arise in protecting the just rights of
| the state which ought to be provided for be-
tore the adjournment of the legislature: that
all embarrassment may be removed, AVID the
firm attachment which Pennsylvania has al
ways displayed towards the federal union.
requires that an unreasonable conflict with
tue constituted authorities of the federal go
Vernment, should, If possible, be avoided,
more especially at the present moment of in
ternai as wen external peril: And as the le-
gisiature, by their resolutions during the pre-
sent session, have enjoined certain duties on
the governor touching the premises, and it
is eXpedientto make such appropriations as
shall meet every contingency: But protest
ing that nothing in this act contained shall
be deemed or taken as direliction of any right
or principle heretofore asserted on behalf of
the commonwealth, which, OH the contrary.
the Legislature will, by all constitutional and
proper means, maintain and establish: And
1T is moreover the duty of the legislature to
protect all good citizens from loss or injury
In their property or persons by reason oftheir
obedience to the laws and constituted au-
thorItIes OF this commonwealth Therefore,
Section 1. Be it enacted by the Senate and
house OF representatives of the common
wealth of Pennsylvania in general asse nbIy
met, and it is hereby enacted by the antho-
fity OF the same, That the sum of
dollars be, and the same is hereby apDronr;
atcd, and made subject to the orders of the
governor OIL the state treasurer, to enable the
governor to carry into effect, all, and everv
engagement of this commonwealth, touching
the premises, in such manner as NAV appear
to him to be advisable, just and proper, and
to meet all contingent expenccs therein, or
winch may arise in the execution Of any
authority or power given to, or enioined on
MN, by tic resolutions Of this legislature. or
by any law, and also to protect all. and eve
ry person, orpersons, In any way concerned
III the protection of the Just rights Of the
commonwealth, in obedience to the iniuncti-
onS OF any law or authority derived there
from.