Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-01-13
THE CASE OF OLMSTEAD.

Extract from Judge Hopkinson's Eulogiu'a on
The Hon. Bushrod " ashington.
While I refer YOU to these instructive VOL
umes fer knowledge Of the decision Of Judge
Washington, should be unjust to my subject,
were to omit to remind you Of case which
should never be forgotten by any citizen OF this
Republic. 1t is lesson of duty so. impressive,
60 honorable to all concerned in it; and most Of
ali 10 the commonwealth of which we are imme-
diate members-I allude 10 the trial of General
Michael Bright and others. on an indictment for
obstructng the execution Of the process OF Court
of the United States 1t was tried in this city,
in the spring of 1909, before Judges Washington
and Peters. =,
Itis unnecessary for my purpose to state all
the circumstances of this celebrated case. 1t IS
sufficient to say that during the war OF our Revo-
luton, Gideon Olmstead and others, having fall
en- into the hands of the enemy, were put on
board of British soop, as prisoners OF war, to
be conducted to New York. During the pas
sage, Olmstead and his companions rose on the
British crew. took the vessel from them, and
steered for port in the United States. When
within five miles of such port. brig, belong
ing to the State Of Pennsylvania. came up with
them and captased the slooP as prize, She
was brought to Philadelphia. and there lloelled
tablished under an act of the State Legislature
Olmstead and his associates filled their claim,
and Judgment was rendered. giving one-fourth
of the prize to them. and the remainder to the
BRIG: that is to the State of Pennsy lvania. her
owSer-Olmstead appealed to the Court of APP
meals. established by Congress; where the SEN
tence Of the Court Of Admiralty was reversed.
and the whole prize decreed to Olmstead; and
process was issued, directing the Marshal to sell
the vessel and CARGO and pay the proceeds accord
ingly. ,,.- 1,,;...
cd To David Rittenhouse, then Treasurer OF the
State. the sum to which the State was entitled
by the Judgment of that Court, but which, by the
decree of reversal. belonged to Olmstead. This
money m the form of certificates, was in the pos
session Of Mr. Rittenhouse at the time OF his death,
and then came into the hands OF his daughters.
as his representatives. The property was IN this
situation when Olmstead filed his libel in the Dls-
tr;ct Court of the United States, then established
under the new Constitution, praying tor the exc
,ution of the decree of the Court or Appeals-A
decree was given by the District Court, accord
inc to the prayer of the lbel.-This was In ia
mary. 1905. -Thusfar the State OF Pennsylya-
MIA had made no movement to assert her clam;
Int il was now necessary tor her, either to surren-
der her pretensions 10 ths money vi W co'"e ,o'
ward and defend her citizens who were holding
it only Tor her use. and in doing So were exposed
to the whole power OF the te9e.al }ua,c,aey'-
Accordingly, on the second OF April 1915 an
act was passed bv the legislature of Pennsylvania;
reou,rips the representatives of Mr.. Rittenhouse
10 nav the money into the State Treasury: and
directing suit against them should they refuse.
The GoVrrnor of the state was also required to
protect the just rights Of the state BY any further
measures he might deem necessary; and also to
protect the persons and property of the ladies'
from any process which might issue ont Of the
federal court in consequence Of their obedience
to this requlsition. The Act Of Assembly de-
cIared, that the exercise Of jurisdiction by the
Court Of. Appeals was illegally usurped' IN con,
tradicton to the Just rights OF Pennsylvania, and
thntthe desrss Of reversal was null and void-so