Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1809-04-28
OLMsTAD's CASE.
SUPREME Cowrt Of Pennsylvania.
.Ihrfi 18th, 1909.


Snftrense Court Of Pennsyivania.
-1hril 18th, 1909.
Present, Chief justice 7figham.
After the Attorney General had conclud-
ed his address to the court on the writ of
Habeas Corpus issued by the Chief Justice
in favor of Mrs. Sergeant, William Lewis,
rs counsel for Gideon Olmstead addressed
the court: he wished before he entered i'm
to an examination of the principles and
reasoning of the Attorney General, to know
whether the Chief Justice considered him.
self authorised in any case to grant the
request prayed forby the prisoner. The
Chief Justice informed Mr.. Lewis that he
might go on to the merits of the case, for
that he did consider himself bound to hear
aid qualified to determine as to the com
potency OF the Jurisdiction of the authority
by which the prisoner was in custody. The
court adjourned at half after one to meet
III the afternoon at half after three, at which
time they did meet.
Mr.. Lewis oiened his address with dis
tinguished ability, and took rapid but clear
and comprehensive view of the origin ard
powers OF Congress previous to any consti..
tuition, articles Reconsideration or other in
strunent of writing, but the moment that
he entered into an investigation of the ques-
tion before the Court, all Of maniiness and
vigor departed fron him, his mind was no
longer under the dominion of reason, but
the tyrannic influence of petty, personal,
political and party passions. He was gross
Iy abusive of every thing democratic-the
late President of the United States and sue.
cessivc legislatures of Pennsylvania were
covered with the slime which he deposit
ed as he crawled and crePt over or touched
upon their. names or their ac,s.
When MIR. Lewis had concluded, Mr..
RI 4,
monwealth. Previously to his addressing
the court, the Chief Justice took occasion
TO request that he would not travel out of
the cause to reply to the extraheous matter
introduced by Lewis. There was a sever
ity of reproof in what fell from the Chief
Justice which must have been felt where
IL was 20 much deserved.
Mr.. IngersolPs whole speech went to
shog tsht the courts of the IT, States had
not Jurisdiction in This cause : his dissection
of the opoinipn of Chcif Justice Marshall
was critical, luminous, aud impressive.
The court adjourned at seven O'clock. On
"Wednesday next at IL O'Clock the Chief
Justice is TO deliver his opinion
Dem Press.
- .hhriI 90.
Yesterday morning, Mr.. Chief Justice
1Xgham delivered his opinion on the writ
OF Habeas Corpus, requiring the MARSHAL
ofthe district TO bring Mrs. Sergeant before
him.
After going at length into the merits of
the case, and making very able and lu.
cid statement of all the material facts and
OF the law as connected with them, he con-
cluded with an order, that Mrs. Sergeant
remain in the custody OF the Marshal
ID. .fdv
The Chief Justice has just delivered his
opinion that Mrs. Sergeant must remain
In custody of the Marshal. The faith of
the State being pledged to indemnify the
Execatr'xes, and 1t being now impossible to
give any decentralization except by the paw
ment of the money, we presume the govern
OF will order it to be paid.
d. Press.