The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-03-14
mo. 90.

I No. 9S.
peace; after which he suffered and has
continued to suffer with the increase OF
years, many privations, wants, ard distress
ses' winch the restoration o his properly by
the public might have avertxd.
That at this critical period, when the ma
tlon may be again involved in war, such .
case affords a Fad Acknowledgements to men to
I"'er into public service, and put life, and
health, and all, to hazard, when the reward
OF service and fidelity, is the deprivation OF
property, and the waste Of thirty wears os
inc decline of life, in seeking for and sup
Phoat'ng from public justice, what public
se"eroNI' justice, and policy would seem
TO say ought not to nave been detained an
hour. 8"
re most respectfully submits to the gene
rcsity ana justice, to the wisdom and probity
OF the assembly, his woeful and DISTRESSING,
case.
When the delays Of lar and its snctl taee
froSTfss, have become proverbs--will the
respectable al upright representatives of
the pennsylvania people, suffer their r.ys,,gc-
table bodies to exhibit an example That ven
ders the proceedings of courts Of law COM
faratlvely moral and %benignant to their sui
tors? ~
That your memorialist, who has waited
patiently near thirty years, now claims from
your Justice, the restoration of his property .
"nich requires from the public nothing that
belongs tothe public; which requires from
the legislature no more than their duty calls
on them to- perform and which will ever
though it is but his right he asks, command
ms gratitude and his prayers as long as he
lives.
GIDEON OLMSTEAD.
IT.. ru " %
The following is the mahdamus of the
supreme CouI Ithe United Ststes, to rssist
GIDEON oLNsTEAD AND OTHERS,
RITTENHOUSE'S Ex'Rs.
WIN great attention, and with serious con.
Germ, the court has considered the return made.
ny the Judges tr the district of Pennsylvania, to
the lnandamuS directing him to execute the sem
ttnce pronounced by him in this case. to shexr
cause Tor not SO doing. The cause shewn is.
an act OF the Legislature of PENNSYLVANIA, passed
subsequent to the rendition of this sentence.
4 ms act authorises and requires the governor TO
uennah1 Tor The use OF the state of Pennsylvania
the money which had been decreed to Gideon
oiSisteaa md others, and which was in the hands
OF me executors Of David Rittenhouse. and in
deiauit of payment to direct the attorney ycne-
gaito institute a suit for the recovery thereof.
Inns act further authorises & requires the govern
~ N',' nall TIC may llllk DeCeASlIv
:of The protection Of what it demonstrates {" tIes
Just rights Of tine state and also to protect tie
PERSONS and properties of the said executors of
DAVID Kittenhouse, deceased, against any pro-
cess whatever, issued out of any federal court In
consequence of their obedience to the reuuisit;oI,
OF the said act.
III the legislatures of the several states NAV at
VIII anhui the Judgements of the courts of the
United States and destroy the rights ACQUIRED
uhaer those Judgements, the constitution itself
becomes a solemn lnockery, and the nstAn is de-
FfiVcd or the means OF enforcing its laws by the
hstrumehtaiity OF its own tribunals. So fatal n
result mnst.be deprecated by all and the PEG
pie OF pennsylvania, not less than the citizens OF
every other state, must fell a deep interest in
resisting principles so destructive OF The union,
ana III avertng consequences so fatal to them,
selves.
me act IN question does not in terms assert
the universal right OF the state to interpose in
every case whatever, but assigns as u motive for
It's interposition in this particular case, that tina
sentence, the execution of which it prohibits, was
rendered IN a cause over which the federal courts
have no jurisdiction.
IL me ultimate rightto determine the ~iurisdic.
w u me courts oil the union is placed by the
constitution IN The several state legislatures. then
lhis ACT concludes the subject bat If that power
necessarily resides ia the .upreme judicial trim,
nal o! the nation, then the jurisdiction Of the dis.
tFlct court OF Pennsylvania over the case in which
t,ist jurisdiction WIS exercised, ought to be most
deliberately examined and the act Of Penn
s~yl'ania, with Whatever respect it NAV r.
considered, Cannot be permitted to prejudice tha
question.
In the carly part of the war between the Uni
tea states and Great Britain, Gideon OImstead
ana others, citilcr, OF Connecticut, who saw thew
MAO been carried To Jamaica as prisoners. were
Ihi''2yed as part of tire crew in tie sloop Active
Bound from Jamaica to New York, andladen win
q cans so Tor tue use of the British army in that
pace On the voyage, they seized the vessel.
C''hiIied the captain, and sailed for Egg harbor-
1isi5Ht Oh tiiat place the Active WAS Captured bv
t'c Convention, an armed ship belonging to Che
S'als VI pennsylvania, brought INTO port, iibelIcd.
A"t 'onr, mned a. 4 prize to the c.ptors. From
~iS schVLhcS,>CjdCOA OimStesd and others. who
canned the vessel and cargo, appealed to the
cOdft OF appeals established By congress. bv
which tribunal the 5cUJcn-c of condemnation was
reversed t"e hctive and her cargo condemncd
as q Pri@e to thc claimants, and process was d-
Fected to issue Out ~ the court Of admiralty com
Inaiiiih. dic Inarsl,Ai of that court 20 sell the said
ISS'-' aud cargo, and 10 pay the net proceeds to
The ciaimauti.
The mandate Of the appellate court was pro-
ducct III the inferior court, the Judge OF which,
ADMITTED Tic ENDtral Jurisdiction of the court es-
t"i''"tI ny cong ess as ai appellate court, but
deh'euu us pOwef 90 %cOntrOui tue verdict off iurv
winch h'N Lcen rendered in favor of the can
tue, the officers and crew &c the Cony. ni;nr-
a-a 4