The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-06-16
House NEUTRALITY-SUSPICIOUS..
FRIDAY, June 9.

FRIDAY, June 9.
OLMSTEAD'S CASE.
The following message received from the
President Of the United States by Mr.. Ora
haa., was read
10 the House Of REPRESENTATIVES of the
United States.
In consequence OF the request of the Lee
= gisiaturc of Pennsylvania transmit to Con-
gress copy of certain of its proceedings
communicated for the purpose by the 60
vernon of that state.
JAMES MADISON.
lime 4, 1909.
rhe inclosed document was the detailed
report of the Legislature, with the instruc-
tons OF the Legislature to the Senators and
Representatives
And on motion made to priat the message
and document,
Mr.. Lyon objected to the motion.
iIr. II. Porter advocated it on the ground
OF Its being the usual course pursued by the
rouse III all communications from the con-
stituted authorities of state.
Mr.. H4finor opposed the printing, prnci-
pally because no act Was now to grow out of
1T. The paper had been drafted to meet a
case then pending, and difficulties which
then had existed. Since the adoption of
these resolves, these difficulties had been
done away by ali act of the Legislature of
Pennsylvania 1t appeared to Mr. NJ also
that no proceedings would be necessary i'll
consequence of those papers, if only neces-
sary TO prevent the recurrence Of similar
eases i'll future. Every one who had attend
ed othe reading of these papers must have
seen. that ;hev related to a case of difficulty
which had arisen when this government was
merely confederation of states, when its
powers were confined within such narrow
limits that Congress could not enforce its
DEGREES, when its acts were nothing more
than recommendations to the state legisla-
lures. Atthat period this question had ari-
sen from dispute between the u. States
and the state OF Pennsylvania, how far each
had jurisdiction in the courts of admiralty
and courts Of appeal. No such case could
IN future arise, because the constitution had
been framed by the people of the states.
winch vested IN the Congress OF the United
States the entire power OF, appointing courts
OF admiralty jurisdiction No state could
now take cognizauce of admiralty cases; in
future there could be no clashing of jurisdic-
uonon this subject. Whether the courts Of
the y. States or those of Pennsylvania were
correct in the principles which they had set
UP I'D the case under consideration appear
td to HIM to be a question which il was not
necessary to examine at this moment The
case had been completely settled by the paw
inent OF the money 20 Gideon Gimstead. He
had hoped that the dispute had been By that
means wholly put to- rest and from belief
that 1t ought to be So, he did not wish this
document obe printed, but merelv tolie on
me table. he resolution of the legislature
vi pennsylvania which recommended To the
Representatives and instructed the Senators
from that state to endeavor to effect such an
alteration in the constitution as should esta
brsh AN independent tribunal for the trial Of
suCh causes, had been produced bv the idea,
that the case OF OimStead was a dispute be-
tween the United States and the state of
Iehhsyvanla lthad never appeared other
wise to him than as a dispute between the
1ndtcfary OF the United States and the con-
btituted authority of the state of Pennsylva-
ma. On the part of the Judiciary of the u
o'ates' u was An attempt to Garry what it
relieved to be its legal powers into effect.
Resistance was ma C by the constituted au-
thority OF Pennsylvania, under the idea
mat THIS Conduct of the judiciary of the u r..
o'dtes was, IN consequence OF a power as
suincd ny them, power not delegated by the
constitution or the institution of their office
III the Judges Of the courts of the United
states had mlsconccived their AUTHORITY. if
IN theIr decision they had acted contrary to
the Constitution or the laws, then are they
hdoie to Impeachment for the conduct which
they have pursued bot it could not be said
u
ments. The government of the United States
reNer interiered. The process issued from
the courts Of the United States. The mar
shal executed it-and in compliance with the
process the money had been paid. The case
appeared to- be completely at rest-and the
resolutions OF the Legislature appeared to
De oottomed on a false foundation, so far as
they contemplated a difference between the
q. states and Pennsylvania. The judiciary
O. tte Om,ed States must in this case have
orcn as impartial a. any tribunal could be-
hcre was not, III this case, one cent claim
cosy the United States, O. any officer of the
Dnned States-the Judges were not interes-
ted by any affinity with the parties claiming
u--and, 1t not in this case free from PREM
o'ce' II was impossible that they ever should
De So Believing, If the Judges OF the courts
u TIE y. ,. had erred. il was ~ error in