general assembly of the state of Pennsylvania, in their act for the establishment of the said court, and was extrajudicial and void; and that the court of common pleas of the county of Lancaster, was incompetent to carry into effect the decree of the court of appeals, and that the judge of the court of admiralty aforesaid, George Ross, was not liable to an action in a court of law for distributing money according to his decree as judge of the said court. That at the second session of the third congress of the United States, held at the city of Philadelphia, in the month of December, one thousand seven hundred and ninety three; it was proposed as an amendment to the constitution of the United States, that the judicial power of the United States, shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state; which having been adopted by the requisite number of states, as appears by the communication to congress of the then President, John Adams, of January the eighth, one thousand seven hundred and ninety-eight, did become a part of the constitution of the United States. That on the twenty-seventh day of May, one thousand eight hundred and two, the said Gideon Olmstead, Artimus White, Aquila Rumdale, and David Clarke, by their attorney, William Lewis, Esq. did file a bill in the district court of the United States, at Philadelphia, for the district of Pennsylvania, before Richard Peters, judge of the said court, against Elizabeth Sergeant and Esther Waters, surviving executrices of David Rittenhouse aforesaid, deceased, for the recovery of the monies with interest so paid into the hands of the said David Rittenhouse, by Matthew Clarkson, marshal of the admiralty court aforesaid, as proceeds of the prize, the brig Active so captured as aforesaid, and by the said David Rittenhouse and his executrices aforesaid retained. That in the answer of the said Elizabeth Sergeant and Esther Waters to the bill aforesaid, it sufficiently and substantially appears, that the said money was originally received by the said David Rittenhouse, and was by him detained as treasurer of the commonwealth of Pennsylvania, which commonwealth was, and still is interested in, and a claimant of the same under a decree of the said George Ross, as Judge of the court of admiralty in manner as herein before stated. That the said Richard Peters, judge of the said district court, on the bill, answer, and replication so filed by, and between the said Gideon Olmstead, Artimus White, Aquila Rumsdale, and David Clarke of the one part against Elizabeth Sergeant and Esther Waters, executrices as aforesaid, did on the fourteenth day of January, one thousand eight hundred and three, proceed to decree (prout decree, hereunto annexed.) That the legislature of Pennsylvania, by an act of assembly passed on the second day of April, one thousand eight hundred and three; after reciting the several facts, and proceedings, herein before stated and asserting that it had become necessary for the general assembly of Pennsylvania, as guardian of the rights and interest of the commonwelth; and to prevent any future infringements on the same, to declare that the jurisdiction entertained by the court of committee of appeals, over the decree of George Ross, as judge of the court of admiralty of Pennsylvania, in the suit where the claimants of the brig Active as prize were the libellants, as herein before stated, was illegally usurped and exercised in contradiction to the just rights of Pennsyl vania and the proper jurisdiction of the court of admiralty established as aforesaid, under the authority of this state: and that the reversal of the decree of the said George Ross in that suit, was null and void. That the jurisdiction entertained by Richard Peters, judge of the district court aforesaid, in the suit of Gideon Olmstead, Artimus White, Aquila Rumsdale, and David Clarke, against Elizabeth Sergeant and Esther Waters, surviving executrices of David Rittenhouse deceased, was illegally usurped and exercised. That the rights of the commonwealth as a claimant, and as the party substantially interested in the said suit, though apparent on the face of the proceedings, were unfairly passed over, and set aside. That the said David Rittenhouse was not, and ought not to have been considered in the light of a mere stakeholder; but as the treasurer and agent of the commonwealth: and that the jurisdiction and decree of the said Richard Peters, hereon, were entertained and made in manifest opposition to, and violation of the last amendment of the constitution of the United States, herein before stated, and ought not to be supported or obeyed, enacted as follows: Section 1. Be it enacted by the Senate and trouse of Representatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That the governor of this commonwealth be authorized, and he is hereby authorized and required, to direct the attorney general of this commonwealth, to apply without delay to Elizabeth Sergeant and Esther Waters, executrices as aforesaid, and require them forthwith to pay into the treasury of this commonwealth the monies by them admitted to have been received in respect of the premises, in their answer to the bill so as aforesaid filed against them, in the district court of Pennsylvania, before Richard Peters, judge of the said court, without regard to the decree of the said Richard Peters, herein, and in default thereof by the said Elizabeth Sergeant and Esther Waters, to direct the said attorney general to bring suit in the name of the commonwealth, in the proper court of this commonwealth, against the said Elizabeth Sergeant and Esther Waters for the monies aforesaid, and proceed as speedily as the course of legal proceedings will permit to enforce the recovery and payment thereof, into the treasury of this commonweath. Section II. And be it further enacted by the authority aforesaid, That the governor of this commonwealth be authori zed and required, to protect the just rights of the state, in respect of the premises, by any further means and measures that he may deem necessary for the purpose, and also to protect the persons and properties of the said Flizabeth Sergeant and Esther Waters from any process whatever, issued. out of any federal court, in consequence of their obedience, to the requisition, so as aforesaid directed to be made to them, by the attorney general of this commonwealth; and in the name of this commonwealth, to give to the said Elizabeth Sergeant and Esther Waters, a sufficient instrument of indemnification in the case of their payment of the monies aforesaid, in compliance with this act, without suit brought against them on the part of this commonwealth, for the recovery of the same. That on the the twenty-ninth of May, one thousand eight hundred and seven, the suggestion was filed among the records of the said district court by the attorney of the said Elizabeth Sergeant and Esther Waters as follows, to wit: Gideon Olmstead and others, บ. Elizabeth Sergeant and Esther In the district court of the United States in and for the Pennsylvania district. The twenty-ninth day of May A. D. 1807, the defendants, by John Sergeant their attorney, respectfully suggest to this honourable court that after the making of the decree in this case, to wit, in the second day of April A. D. 1803, the general assembly of the commonwealth of Pennsylvania, passed an act which was then approved by the governor of the said commonwealth in the following words, (prout the act.) That they the defendants, being required by proper authority to pay into the treasury of the said commonwealth the monies admitted to have been received as executrices of David Rittenhouse, esquire, in manner aforesaid, did on the 19th day of July 1803, transfer to the treasurer of the commonwealth, the certificates of stock above mentioned, and on the 29th of July 1803, pay into the treasury of the commonwealth the monies by them received as aforesaid in obedience to the said act of the general assembly, and to the requisition made under it. The defendants respectfully further suggest, that the said certificates and money were received by their said testator, as the treasurer and officer of the said commonwealth, as appears by the bond of the said David Rittenhouse, given on the receipt thereof, filed in this court by the libellants the 22d May, instant: and that the same came to their hands as his representatives after such receipt: and it being expressly insisted by the said act of the general assembly, that the said commonwealth had, and has, a right to the said certificates and money, and these defendants having as aforesaid obeyed the requisition of the said act, these defendants suggest that the said decree of this honourable court ought not to be executed nor any process issued thereupon against them. The defendants respectfully further suggest that the said decree of this honourable court was pronounced, so far as respects the claims, rights and interests of the said commonwealth of Pennsylvania ex parte and without jurisdiction. JOHN SERGEANT, attorney for defendants. That on the twenty-seventh day of February, one thou sand eight hundred and nine, a message was sent by the governor of the commonwealth of Pennsylvania to the house of representatives of the said commonwealth, as follows, to wit: Message of the governor to the senate and house of representatives of the commonwealth of Pennsylvania. "GENTLEMEN, "I have received information that the supreme court of the United States hath ordered a peremptory mandamus to be issued in the suit of Gideon Olmstead and others, v. Elizabeth Sergeant and Esther Waters executrices of the late Mr. Rittenhouse; and that immediate application will be made to Richard Peters, judge of the district court of Pennsylvania, for an execution against the persons and effects of Mrs. Sergeant and Mrs. Waters; or that rather, as it is an admiralty proceeding, an attachment against their persons will be the compulsatory process adopted on the occasion. "By the act of the 2d April, 1803, Mrs. Sergeant and Mrs. Waters are directed to pay a sum of money, arising out of the sale of the British sloop Active, captured during the revolutionary war, into the treasury. With the requisitions of that law, the said executrices have complied. It now becomes my duty, agreeable to the provision of that act, to protect the persons and property of the said executrixes, against the said process. "Painful as the duty is, I am compelled, and am now making arrangements, to call out a portion of the militia for that service; that being the only means in the power of the executive. As the execution of this law may produce some serious difficulties, as it respects the relation between the state government and that of the United States, I have thought it proper to make the communication; on which the legislature can act as in their wisdom they shall think expedient. "SIMON SNYDER. eight hundred and nine, the said Michael Bright received from the governor of the said commonwealth, an order in the following words, to wit: SIR, By an act of the general assembly of this commonwealth, passed the 2d day of April, A. D. 1803, Elizabeth Serjeant and Esther Waters, surviving executrices of David Rittenhouse, deceased, were required to pay into the treasury of this commonwealth, a sum of money arising out of the sale of the sloop Active, captured in the late revolutionary war (which money had been paid to the said David Rittenhouse in his life time as the treasurer of this commonwealth, in pursuance of a decree of George Ross, esquire, judge of the Court of Admiralty of this state), which requisition the said Elizabeth Sergeant and Esther Waters |