The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-03-14
TO THE LEGISLATURE OF
PENNSYLVANIA

" al LEGlSLA IQRE, OF
PENNSYLVANIA.
me resolutions offered by Mir. Banks. and
seconded by Mr.. Thompson, on the 97th uIt.
are a testimony of the respect for the laws
OF ehe Onion, which pervaIss the state le-
Sisia'ure' and wh'cn assures the rescue of
the state from the reproaches to which ;t
wou'd be justly exposed, if the ;rion;fo,s
Withholding of the properly G fMr. Olnstea5
were to be persevercd in by the present le-
Sis'ature, as 1t was ignominously %attenpted
"hetner by ignorance or design is not ma
teriai, by the legislature which passed the
law. "N
Inc features or the case Of Olmstead are
1ruci IN every respect in which it is vie WE'D.
n veteran OF the revolution, in yindica-
ing MS country, and carrying retaliatciv
vengeance among its enemies, sfter a gallant
iesiS.ahCe against a superior force he jscap-
.nreo-seized-placed in "A damp dungeon IN
inc lnsaiabrlous climate OF Jamaico hi.
limbs are loaded with irons; bjz comriIa
countrymen perish along side him. and AZ
Ter several months, he is put on board a Rri-
usn vessel destined fer New York. then i'm
possession OF lhc British, perhaps attended
10 ne consigned to these prison ships there.
whcre so many thousand Americans had
persisted bY famine or poison.
Passing along the shores of his STRUGGLING
an" ue'oiaic Country, his bod, sInayi,i. j
Dut ms mind mistaken, he conceiyes the
daring design of seiziDg apnn he vessel in
winch iie is a prisoner, ard thus at once re.
uee'hi'5 hinself irom captivity and inaict-
ing retaliation ON the national enemv.
Two comrades only present themselves as
worthy of confidence 10 accomplish mic en-
terprize, and twelvcor fourteen persons ,te
ships company and passengers, are To he
coerCed III order To succeed. In the gene
raj course OF human affairs, desperation
ana the usage OF The world, would have sanc.
tioseo amy eXtremc-Oirnstead Determined
to Conduct his enterprise upon PRINCIPLES If
strict humanity, and while he exfricated
himself, DID 1T in such a manner as rejects
'he greatest honor on the mar for the huu,a-
hity and TIE courage which actuated him
and III which he triumphcd.
The particulars OF the transaction -
r!ons and lnteresting-and would occu,,v
at tins moment more space than we can AZ
ford to the narration Of the facts. Iua word
he without doing bodily injury to A sinrle
person, brought the vessel, with her caDrain
crew, passengers and cargo, iuto tf.e waters
Q: me. Chitcd states; on entering the cno,,s
OF the Delaware, he was hailed By a public
armed sh'p OF the state who, being. a rom
missio"ed ship, undertook to claim the YES
Sc! takenb by CLHastcad, as a prize. and nm
the ground that Olmstead had no c~onmf.si-
on authorizing him to make CAPTURES asif
thc iawSof GCd did not allow him to r.ieos.
hiihSe.f from bondage, and as if the laws Of
war were Intended to punish a brave man Tor
noble actions
The vessel was brought in and condemo
ed in the admiralty court of t;,is cn,,,""'
wealth /; aud TIE Captain and owners of ttc
C0npeHtoR public ship, commanded by can.
tam Houston, Claimed the vessel taken hv
Olmslead as their prize!
olmstead, tor h5nSeJand comrades. claim
ed the Capture-and there being 4 disi,ut..
at law, the proceeds of the sale were order.
ed to be deposited in the hands Of a nnbl;c
oii1cer in this state-9ehoSited 10 be rec,or
ea SO soon as the course Of lay should de.
term'ne the right Of claim, gvhich qyas ais-
hnfed as here described.
1t appears then, that the state became
merely a depository for the security o. the
person IN SChOsc favor Ae lay of fLe L,,,d
8houid decide. "' '"'"
The capture, it will be recollccted vas
made i'll Inland it has been hongi,c mn
the renter hooks Of the law from thar d. o
the present. N"' y
Nir' Oimstead obtained the decisions r..
Inc committee Of the old Congress. f,rn,ing
INC high cour; OF admiralty, he obtained ;Loo
ueCTee OF the district admiralty cuurt ia re-
pc"tea instances, and in opposition to 81! die
arts OF ciiicane but a stratagem, pIaceJ of
III TOO, under the administration of Cavern.
or Aean, and with his connivancc. ,.xhi-
6lis the length TO which inquiry will pro-
esed and is the source of the Cdiun 10 which
the state is now exposed.
The evidence OF the facts is given in IN,
copy OF the HeremftoTy ~mand1gIns herpnu-
10 annexed, which unfolds with pe,sDicnjty
aud calmness, the course of cxtraordi,ary
proceedings In this case.
Bat Mr.. Oimstead appears in n new and
a more c%siinable light. when h.. con,nct
III pursuit OF his right, is considered.
lie abandoned q lucrative concern in trade
i've ano twenty years since, to a bro,i,cr. in
ahother state, in order to pursue bis ri..f
at iaw' to secure the fruit OF his sulter;1~s
and Oh ms toll. Any man who has cnconi,.
tered peril, and acquired and n,critod bo.
nor I'D any situation, becomes from rnc ~.
herent Character Of virtue itself, the morn,
attaGhed to That cause and to the source Of
mat honor; his soul delights to dwell r,o,
the virtues which it has exhib:ted acJ H.
! Wsath OF the earth ooealned by Indifferent