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day of March, in the year aforesaid, and was of the purport and effect following, that is to say,

United States, L. District of Pennsylvania, so

Richard Peters, judge of the district Court of the

United States, in and for the district of Penn-, sylvania, to the marshal of the same district,

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greeting.

| Whereas heretofore, to wit, on the fourteenth day of January, in the year of our Lord one thousand eight hundred and three, it was adjudged, ordered, and decreed, in a certain cause, civil and maritime, then depending in this court, between Gideon Olmstead, Artimus White, Aquila Rumsdale, and David clarke, libellants, and Elizabeth Sergeant and Esther Waters, surviving executrices of David Rittenhouse, Esquire, deceased, respondents; that the certificates in the libel in the said cause filed mentioned, should be transferred and delivered, and the interest monies paid over by the said respondents to the said libellants, in execution of the judgment and decree of the Court of appeals, as stated in the proceedings of the said cause, with costs : provided, however, that the bond of indemnity should be cancelled or delivered to the said respondents, on their compliance with the said decree. Therefore you are hereby commanded, in the name and by the authority of the United States, that you forthwith attach and arrest the bodies of the said respondents, Elizabeth Sergeant and Esther Waters, and them so attached and arrested, to keep and detain under safe and secure arrest, until they shall in all things comply with and perform the final sentence or decree pronounced in this cause, on the said fourteenth day of January, in the year of our Lord one thousand eight hundred and three.

Given under my hand and the seal of the district court at Philadelphia, this twenty-fourth day of March, A. D. 1809, and in the thirty-third year of the independence of the said United States.

RICHARD PETERS.. D. Caldwell, Clk. Dist. Ct.

And the grand inquest aforesaid do further present, that the said judicial writ of arrest being duly awarded, issued, and delivered, as aforesaid, afterwards, to wit, on the twen. ty-fifth day of March, in the year aforesaid, at Philadelphia

trict, yeomath divers other and there we force and arma op

aforesaid, in the district aforesaid, the said John Smith, then and there being an officer of the said United States, to wit, marshal of the district aforesaid, attempted to serve and execute the said writ of arrest, in manner and form as he was therein commanded ; and that Michael Bright, late of the said district, Esquire, James Atkinson, late of the said district, veoman, William Cole, late of the said district, yeoman, Charles Westfall. late of the said district, yeoman, Sa. muel Wilkins, lite of the said district, yeoman, Abraham Ugden, late of the said district, yeoman, Daniel Phyle, late of the said district, yeoman, Charles Hong, late of the said district, yeoman, and John Knipe, late of the said district, yeoman, with divers other persons, to the said grand inquest unknown, being then and there well and truly informed of the premises, then and there, with force and arms, did knowingly, wilfully, and unlawfully obstruct, resist, and oppose the said John Smith, then and there being an officer of the said United States, as aforesaid, to wit, marshal of the said district, in attempting, as aforesaid, then and there to serve and execute the said judicial writ of arrest, in manner and form as he was therein commanded, to the great damage of the said John Smith, to the great hindrance and obstruction of justice, to the evil example of all others in like case offending against the form of the act of the congress of the said United States, in such case made and provided, and against the peace and dignity of the said United States.

And the grand inquest aforesaid, inquiring, as aforesaid, upon their respective oaths and affirmations aforesaid, sald, der hacer pathen there do further present, That the said John Smith, being an officer of the said United States, to wit, marshal of the said district of Pennsylvania, as aforesaid, and being duly authorised to serve and execute a certain other judicial writ of arrest, duly awarded and issued by and from the said district court of the United States, in and for the district of Pennsylvania, in a certain other cause, civil and maritime, between Gideon Olmstead, Artimus White, Aquila Rumsdale, and David Clarke, libellants, and Elizabeth Sergeant and Esther Waters, surviving executrices of David Rittenhouse, Esquire, deceased, respondents ; afterwards, to wit, on the said twenty-fifth day of March, in the year aforesaid. at Philadelphia aforesaid, in the district aforesaid, was then and there serving and executing the said judicial writ of arrest, in manner and form as he was therein commanded; and the said Michael Bright, late of the said district, Es. quire, James Atkinson, late of the said district, yeoman, William Cole, late of the said district, yeoman, Charles Westfal, late of the said district, yeoman, Samuel Wilkins, late of the said district, yeoman, Abraham 'Ogden, late of the said district, veoman, Daniel Phyle, late of the said district, yeoman, Charles Hong, late of the said district, yeo. man, and John Knipe, late of the said district, yeoman, with divers viher persons to the grand inquest anknown, being then and there well and truli informed of the premises, did then and there knowingly, wilfully, and uolawfully assault the said John Smith, the said John Smith then and there being an officer of the said United States, as aforesaid, to wit, marshal of the said district, in serving and executing the said fast mentioned judicial writ of arrest, in manner and form as he was therein commanded ; to che great damage of the said John Smith, to the great hindrance and obstruction of justiee, to the evil example of all others in like case offending against the form of the act of the congress of the said United States, in such case made and provided, and against the peace and dignity of the said United States.

A. J. DALLAS,

Attorney of the U. S. Dist. of Penn. 1. 7. Smith, marshal, sworn, 2. Joseph Weatherby, do. Witnesses. ş. William Whelan, do. (a true copy.)

for D. Caldwell, Clk. Court, April 12, 1809.

W. I. JONES. To this indictment the defendants pleaded not guilty, on which issue was joined ; and, after, the following special plea, in bar to which the district attorney demurred, and the de. fendants joined in demurrer. The issue in bar, however, was afterward waved by the counsel of the defendants.

And the said Michael Bright, James Atkinson, William Cole, Charles Westfal, Samuel Wilkins, Abraham Ogden, Daniel Phvle, Charles Hong, and John Knipe, in their own proper person, come and having heard the indictment afore said read, and protesting that they are not guilty of the premises charged in the said indictment; for plea, nevertheless say, that they ought not to be compelled to answer to the said indictment, because they say that by an act of congress for the erecting of tribunals, competent to determine the property of capture, during the late war between Great Britain and

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her then colonies, passed the twenty-fifth day of November, one thousand seven hundred and seventy-five, it is enacted in the fourth section thereof as follows, to wit: “ That it be and is hereby recommended to the several legislatures, in the United colonies, as soon as possible to erect courts of justice, or give jurisdiction to the courts, now in being, for the purpose of determining concerning the captures to be made as aforesaid, and to provide that all trials, in such case be had by a Jury, under such qualifications as to the respective legislatures, shall seem expedient." And in the sixth section thereof, as follows, to wit: “ That in all ca es, an appeal shall be allowed to the congress, or to such person or persons, as they shall appoint for the trial of appeals. That by an act of the general assembly of Pennsylvania, passed the ninth day of September, one thousand seven hundred and seventy eight, entitled, “ an act for establishing a court of admiralty," appeals were allowed from the said court in all cases unless from the determination or finding of the facts bý a jury, which was under the provisions of that law, to be without re-examination or appeal. That by a resolution of congress, of the fifteenth day of January, one thousand seven hundred and eighty, it was among other things declared, that trials in the court of appeal, should be according to the law of nations and not by jury: That the British sloop Active, having been captured as prize on the high seas, in the month of September, one ihousand seven hundred and seventycight, and brought into the port of Philadelphia and there libelled in the court of admiralty of the state of Pennsilvania, held before George Ross, esquire, the then judge of the said court, on the eighteenth day of the said month September. That the libellants then and there against the said sloop Active were Gideon Olmsted, Artimus White, Aquila Rumsdale and David Clarke, who claimed the whole vessel and cargo as their exclusive prize ; Thomas Honston, master of the brig Convention, a vessel of war belonging to Pennsylvania, who claimed a moiety of the said prize for the state of Pennsylvania, himself and his crew; and James Josiah, master of the sloop Girard, private vessel of war, who claimed one fourth part of ihe said prize for himself, his owners and crew. That all the facts respecting the said capture being submitted to the said court of admiralty, and a jury then and there returned impanelled and sworn; a general verdict was brought in by the said Jury, which was onfirmed by the court, whereby Gideon Olmsted, Artimus White, Aquila Rumsdale and David Clark became entitled

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to one fourth of the said prize; Thomas Houston, for him. self and crew became entitled to another fourth; the state of Pennsylvania as owner of the vessel of war the Convention, to another fourth; and James Josiah, for himself and ow: ners, and crew of the sloop Girard, became entitled lọ the remaining one fourth part of the said prize. That the said Gideon Olmstead, Artimus White, Aquila Rumsdale, and David Clarke, being dissatisfied with the verdict and sentence aforesaid, did appeal from the said court of admiralty of Pennsylvania, unto the court or committee of appeals, appointed as aforesaid, under the authority of congress, notwithstanding the recommendation of congress aforesaid of the twenty-fifth day of November, one thousand seven hundred and seventy-five, for the appointment of courts of admiralty in each of their United colonies, did expressly provide that all trials respecting capture should be had by a jury; and under such qualifications, as to the respective legislatures should seem expedient, and notwithstanding the courts of appeals, did decide not by a jury, but by the usage of nations, and notwithstanding the law for establishing the court of admiralty of Pennsylvania, did expressly take away the right of appeal, where the facts were found and determined by the intervention of a jury, and notwithstanding the state was authorized at the time to make such qualification or provision, taking away the right of appeal in jury cases, by virtue of the recommendation of congress aforesaid; which allowed and recommended the said courts of admi. ralty to be established with a jury, under such qualifications, as to, the respective legislatures should seem expedient. That the said court of appeals of the United States, on the fifteenth day of December, one thousand seven hundred and seventy-eight, did reverse the sentence of the court of admiralty aforesaid, and did decree the whole of the said prize to the appellants : that the judge of the court of admiralty, to wit, George Ross, aforesaid, did refuse obedience to the decree of reversal. That on the 21st of April 1799, it was resolved by the supreme executive council, that David Rittenhouse the treasurer be directed to find sufficient security, to be approved of by the judge of the admiralty, for the share adjudged to the state, of the prize sloop Active, taken by the brigantine Convention, and the Girard privateer, and take up the money which will exceed eleven thousand pounds, for the use of the state, one half of the sum allotted to the Convention coming to the state, and on the 23d, of November 1797, the general assembly passed a resolution

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