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that the treasurer of this state be directed and empowered to enter the usual security in the court of admiralty, to enable captain Houston, and the other libellants, to take up and apply to their use three fourths of the prize money arising from the sale of the sloop Active and her cargo that in the obedience to the said resolutions the said George Ross did direct Matthew Clarkson, then marshal of the said court to pay part of the proceeds of the said prize, to the amount of eleven hundred and ninety six pounds nine shillings and nine pence, Pennsylvania currency, for the use of the state of Pennsylvania, into the treasury of the state of Pennsylvania, whereof David Rittenhouse was then treasurer; taking a bond of indemnity from the said David Rittenhouse, as treasurer as aforesaid, to save him the said George Ross, his heirs, executors, and administrators, harmless from the consequence of such payment, which bond is dated the first day of May, one thousand seven hundred and seventy-nine. That the said George Ross dying, suit was brought against his executors in the court of common pleas of Lancaster county by and on the part of the ap pellants before named, for the money to which they pretended title, by virtue of the decree aforesaid, of the court of appeals reversing the sentence of the court of admiralty, whereof the said George Ross had been judge. That it does not appear, that the said David Rittenhouse had any notice or information, or was in legal way apprized of, or made a party to the said suit in the court of common pleas of Lancaster county, either in his personal capacity, or as treasurer of the state of Pennsylvania, so that judgment was obtained by default against the executors of the said George Ross, without any knowledge of the said David Rittenhouse, or his being able to take any measures on behalf of himself or the state of Pennsylvania, to prevent the same. That in consequence of the judgment so obtained in the said court of common pleas of Lancaster county, against the executors of the said George Ross, the said executors brought suit against the said David Rittenhouse, which in the year one thousand seven hundred and ninety-two in the term of April, of the same year, was heard and determined in the supreme court of Pennsylvania, on a case stated for the opinion of the court after verdict taken for the plaintiff, subject to that opinion which said court did decree and determine that the reversal as before-mentioned, had and made in the court of appeals, was contrary to the provisions of the act of congress recommending the establishment of courts of admiralty, and of the

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 eight, 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 thou and eight hundred and two, the said Gideon Olmsted, Artimus White, Aqui la 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 executrixes 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 executrixes 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 Olmsted, Artimus White, Aquila

Rumsdale, and David Clarke of the one part against Elizabeth Sergeant and Esther Waters, executrixes 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 commonwealth; 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 Pennsylvania, 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 Olmsted, Artimus White, Aquila Rumsdale, and David Clarke, against Elizabeth Sergeant and Esther Waters, surviving executrixes 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 House 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 au horized, 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, executrixes 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 authorized 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 Elizabeth 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,

V.

Elizabeth Sergeant and Esther
Waters surviving executors of
David Rittenhouse, esquire,
deceased,

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.

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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

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