The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-05-05


war. :, Tie Tic Convention" Gle, = libel, as well
for himself, his officers. mariners and sea-
| men, as tor the sad state, against the British
| Sloop "he .dcttUe," and her Cargo in the
court of Admiralty of the state of Pennsylva-
MIA. On the 10Th October, 177S. Gideon
IOlmstead and his three associates filed their
clatm IN the same court, praying that Hons.
tons bill might be dismissed, and the Active
and her cargo condemned as prize for the
sole benefit of the claimants. The cause
was tried before Judge Ross, who, in pursu.
ance vt the verdict of the Jurv. decreed.
that the Active and her cargo should be sold
and the proceeds distributed between the Ii
usatins parties, in the proportion smentioned
III MS decree. From this decree, Olmstead
and his associates appealed to the commit
tee OF Appeals, appointed by Congress, by
tneir Resolutions, iii l777. In December,
lI|S, the cause was brought before the court
Oh appeals, who on the 18Th Of that month
! pronounced their dehnitive decree by which
they reversed the decree of the state in all
its parts, and adudget. that the Active and
her cargo should be condemned as prize for
the sole use OF the appellants. A certificate
OF TINS decree having been transmitted to the
Judge OF the state court, he was of opinion
that the court of appeals had no right 20 set
aside the verdict of the Jury, and therefore
ordered the Marshal to sell the Active and
! iler cargo and bring the proceeds into his
court, ready TO abide his futher order. On
the 4th January, 1879, Matthew Clarkson,
the Marshal, brought into the state cour,
1881. 2S. cd. Pennsylvania currency. on
account OF the cargo Of the Active, the yes
sci remaining nnsaid and Judge Ross signed
an acknowledgment, that the Marshal had
deposited that sum III his hands, rs JUDGE of
me Court On the 4th January. l779 The
court OF appeals issued their mandate to
Matthew Clarkson, TO detain the proceeds
OF the cargo in his own hands until their
further order should be made known 10 him
TO winch mandate he made return, that he
mad paid the money 70 Judge Ross in obedi-
ence to his order.
Several proceedings and resolutions. rela-
tive to this affair, appear on the Journals of
congress. and of the legislature of Pennsvl-
wanna, which 1T is unnecessary to mention.
hey differed in opinion, and the court of
appeals, for the sake of peace, forbore to
make any attempt to carry their decree into
execution. The money brought into the state
court was loaned to the United States. and
Ceruhcates OF the loan were issued Judge
Ross paid part ofthese certificates to David
Rittenhouse, deceased, Treasurer of the
state of Pennsy lvania for the proportion of
the prize adJudged to the state, and at the
same time Gst May, 1779) Rittenhouse gave
tokoss ms bond in the penalty of & %, COO,
WIN condition that the same should be void
II the SAID Rittenhouse should make repay
meht OF the sum OF IL 1861. So 81 in cas-
the saidR should, by due course of law.
De compelled to pay the same, according to
the decree OF the court of appeals, and the
said Rittenhouse should keep the said Ross
fully unidentified, Stc.-In the condition Of
this bond. 1t IS mentioned that the money
was paid to RttenhOuse, Treasurer of the
state, tor the use of the state. Ii is declared
III the answer of Elizabeth Sereeant and Est
her Waters, to the bill Of Dlnstead &c
that on the 21st Of February, 17eS. David
kittenhousc caused the said certificates 70 he
funded :" for the benefit of those who might
eVentuafly affiear 10 be entitled In shez1. -
and received ii lieu, and on account there
OF, and for tie beueEt and use a{oresaiH"
three other certificates, particularly desert
bed IN the answer and that, after the death
OF the said David Rittenhouse, the said Ger
tlhcates, together with large sum of money.
received by the said David RittenhOuse. for
interest on the same, came 20 the hands Of
'he SAID Elizabeth Sergeant and Esther Wa.
ters, his executives, that some time i'm the
Autumn OF 1901, Abraham Carpenter, Treq-
$nrer 81 PennsyiyaHia, called on the said
Elizabeth Sergeant and Esther Waters. and
required OF them TO deliver 10 him the said
certificates, and the interest received or
.
nifty, which they G{u5ed 10 do, Being aCyi-
sed that they could not do it with safety.
On the l4ih January, 1908, Richard Peters,
Judge Of the District Court of the United
States, for the district of Pennsylvania, de.
creed, that the said Elizabeth Sergeant and
Esther Waters should transfer and deliver
the said certificates, and pay the said inter
est money to Olmstead &c. Ohe libeIlants)
upon the bond of indemnity being cancelled
and given up.
On the 29th May. 1907, Elizabeth Ser.
geant and Esther Waters filed in the Dis.
trict Court = suggestion that they had paid
into the Treasury Of Pennsylvania the said
certificates and interest money, ia conse-
quence of an act Of the Legislature of the
said State, passed ID April, 1908, they fur
Their suggested, tina. the said certificates
and money were received by their testator
as the treasurer, and officer of the State
and therefore no process ought to issue a.
gainst them, on the said decree, and that
the said decree, so far as it respected tn. |
claims. rights, and interests Of the said
State, vas &c Farte, and without iuristiicti
on. he Judge of the District court having
delayed to issue process on his decree, |
mandamus from the Supreme court was re
ceIved by him on the 18th of March 1903 !
to which he made a return. 18Th july 1908. !
stating the reasons of his delay At Febru |