North Carolina Newspapers

L.trrS OF TJIE U.YITED STJTES.. AS ACT authorising: ao aoKmenUtion of the t Alarine Corps. BE tf exact rd H tt Sttmtt ami Uxk f ! mriM rftke UmittJ Siatct of A ma teat it Cuceu cscnM, That ht IVcsidcnt of the j tmtcd States be. and he is hereby authon the Marine Corps in the ernce I of the United States to be augmented, by the appointment and enlistment of not exceeding me major, Vo captains, two first lieutenants, c ic hundred and eighty -fiTC corporals, and tve hundred and ninety-four privates, who hall be respectively allowed the same pay, bounty, clothing and rations, and shall be em plo eu under the same rules and regulations o which the said Marine Corps are or shall bs. entitle and subject. " ee. 2. And U it ftatUr erected. That from an after the passing of tills act, all the en lirnjents in the said' corps shall be for the term of ftvc years, unless sooner discharged, aay law to the contrary notwithstanding. J. D V AH. SUM, "Suahr cftU Hxue tf Rtpftttntctbxt , JH: MlLLtDGE, JVetiJfRt of fe Sesate pro ttmfcre. March 5, lo09. APPRO vt. ThTJEFFEKSON. AX'ACT rippIcmcnUl to tlie act, entitled " An act ior establishing uading-houscs vrith the Indian tribes.' ing forty thousand dollars, in addition to the um heretofore appropriated fcr the purpose oucarrjing cn trde and intercourse with the Indian nations, in the maencr prescribed by the act, enuUcd, An iCt for CaUblishing tra linr-houus with the Indian tribes,' be, and the same is hereby appropriated, to be j paid outof any monies' in the treasure of the 1 United States not otherwise appropriated. Sc. 2. Aid ie tt fwthcr n-ne , That sua tf eight hundred dollars be, and the saiae is hereby appropriated out of any mo nies in the trrasurv of the United States iot t thcrwise appropriated, for an . additional r.r of nnrinttndint of In- clexiin tlxeo dim trade Sec. 3. Jr.J l it f-rter enacted. That the prouo to tle twelfth section of the act, enti tI: J, An act foretsUhlisbingtrading-houses vr.t! the Indian tribes be, and the same is tcrtbv repealed- Nx. 4. Jma be Jurtte enaaexJ, l r.xt tne art to utich this is a supplement, 'and also tii at, ahjll, from and afu-rthe twmt -first d. cf April neat, commence and be conti r.uc! in firce fur and during the terra of thrte ) ;rs and na lenge?. J. B. VARNUM, Speahr tf tU Haute if Reptetent vixee. Ptetidtr.t cf UeSn&e pro tempore March 3. lfOj ArraorBO, TH : JEFFERSON. AN ACT to extend to Amoi AVLittmor and William hittmore, junior,Uic patent right to a machine lor manulactunng cotton ana AVool Cards. T . i enacted bj tie Senate ad Rcuee cf Re JJ prarr.fUTis cf tb Uved States cf Ame rica m Ccrjrest cticmtled. That all thepnn IeaTc aid benefits jrrantcdto Amos Whitte- tiiorv, of tlie state of Massachusetts, in const deration of a machine invente d by him for tl.c rcanuueture of Cotton and ool Cam in Uic L" rated States, by a patent issued from the Department of SUte, and bearhig date lie hRii day of June, one thousand seven hun dred i:d nar.ct -seven, be and the same are Urrtr, rxtend.d to Amos Whittcmore and VU:n Wliittemore, junior, as joint pro p.'.ctor cf t:ic said xachinc, for and during lc lc:"' c f-'-irteea years, to commence on :..c t;h day -.f June, in the year of our Lord vze tiK Uiixl eistit huwircd and eleven ; any tiling b Uic act, entitulcd All act to pn riii.tc tho j.r.jTj of usciul arts : and to re peal the act h.-rctofcrc made for that pur-r-s" the coauarj notwithstanding. J D VAHNU.vi, SficJw cf tie Uiuieof Rebccntativ$. Jx MlLLEfUE, IbctL'rxt if tbe Senate pro umpcrt, Mxrch 3, iS.V Approved, Til : JEFFERSON. AN" ACT making a further appropriation to vr,rwi c'npL-inig the two m ings of the Ca pital the City of W ashington, and for oiUr purosr. T3E it e--u:ei b. the Serine ,vh1 Hjate ff Re prrttriatrtenf tit Vruted States cJ .iwe- r rm Gh ettos rm'S. That the fullouirg uf money Lc, said the same are hereby spronrieU, to be applied under tle direc tan ot 1k- t ni:td states, that is o aay : j I or improTcmtnt and repairs of the House c t:tprcM:m.v.ivcs, six thousand dollars : j F ir cor ipieLnr work in the interior of the : -Nurui m cosnipriing tlie Senate Cham ber, Court lit Kim, lie. tM cniy tliousand dollars. lur competing the Uir-caMT, and provi---vr Um;iorary nd adeauatc , accomraoda-tu-j iu- 4.c L.tirarr, in the room now used I -c urpoie, aad in the one in which the fccaate r.ow s-t, fivc th.ousahddollars : 1 r impkc-.euicnts and repairs of the Pre .ent a House and Square; including 'a car--gc-iivjuit, t wclre tiiouaand dollar : led a jail he pail out of any rrcn?v in the Tr rea. wvasrise appropnaU-tL . J. U. VAUNUM, Ss.trtf tie KoMtt oj Jkcprtientat'tTCl. jn : milidge:, , rrtiidc-Krf the Senate,. pro tempest. " 1309 Approved. . BE ouctea by tie ScMte ar.l 11 of Re- ctetaih cftte Uni'ed S'ctes -f Arr.mcJ xm il rur aurwiibJ. That sum not exceed- AN ACT freeing from postage all letters and 'packets to.Thomas Jenerson. BE tf enacted by the Sertittc atri Hcuse of Re preuntativet rftbe Unitct State of America ; r.artrMa to Thoaus Jefferson, now Presidcnf tof t!ie United States, after the expiration of his term of office and during hjyhte, shaU b2 carried br the mail, free of postage. i J B.YARNUM. Stealer of the IloUte of fteprcser.tative:, JN- M1LLEUGE, Pi exiJext tf the Senate fro tempore.' February 23, 1S09 Jptrwed, I'll i JEFFEKSON. AX ACT for the relief of Jacob BarniL:. BE if enarntbx? Senate end House f Re, ptestntaiixes tf tte United States if Am' rica, m Qmgrcss assembled. That there be oH lowed to Jacob Barnitz, formerly Ensign in Captam Christran Stokc'n company, in Colo nel Michael Swope's battalion of tlie Penn sylvania flung-camp, the sum of one thou sand dollars, on "account of sufferings, d expences in procuring medical and surgical aia, incurred by woiimls received in the re volutionary war with Great-Britain, and tliat the same be paid to him out of anv money re maining in the Treasury not otherwise ap propriated. . I, B. VARNUM, Speaker cf tte lliuc cf Representatives. JN : MILLEDGE, Presir'ert rf tbe .Senate pro tempore March 3. 1809 Approved, Tl : JEVFr.UON. ' OLMSTED's CASE. 4 OPINION Of the Hon. VtfLLlAM TILGTIM AX, Chief "Justice of the butt of Pennsylvania, on the Habeas Co rp'ia taken out of the Supreme Court, requiring Jous .Smith, Esquire, Marshal .f the District to bring Mrs. Ser ge as r before the Chief Justice. CoaillOKWEALTU c T'JT. I Joiim S.MiTH,farshal of PJuif.feJ" th? Tuitrd Mtatw., of the 1,? u,lt distric of TcnnirylTania. J rScun It appear fmm the return of the Marshal, to the" Habeas Corpus in ihU case, that he &r rested t detained Mrs. Strrant, to a'writ of attachment from ihe District Coin t of the United States, issued by the Judge of that Court, in crnsrqu nce of a Peremptory Manda mus fr.-m the. Supreme Court of the United S:a'es. . The sentence in the District Court was founded on a libel Bled by Gideon Olmsted and three o tlicrs, against the said Elizabeth Ser jeant and Esher Waters, surviving ex- eru'.nxes of David Rittenhcuse; decea sed, f r the purpose of carrying into ef fect a decree of the Court of Appeal, in Admiralty Ci'ses, established by the Congirs of the United States, before ;he adoption of our present Federal Consti ution, or of the articles of Con federation of the first of March, 1781. This decree of the Court of Appeals has been ihe subject of Jong and un pleasant litigation, between the United Sutes and the State of Pennsylvania. Strong fcelingshdve bteh excited j opi nions tuken up in warmth have been supported with violence. Whatever decisi on, therefore, I may make, on the points now brought before me, I inut suppose that many persons will be dupteased with iu Out I should be unworthy of my station, if I suffered myself to be influenced by that conside- ratio j. 1 have not nattered myself with the vain, I hatl almost said the guilty hope, of pleasing all men and all ponies. t must endeavor to secure the appro bation of my own conscience, and trust to Providence for the rest.' The facts which have been laid be fore me, are substantially as follows on the 14th September, 1776, Thomas Houston, Cbmmandcrof the State of Pennsylvania's Brigantine of War, "Me Ccnventiony' filed a libel, as well for him'self, his officers, mariners end sea- men, as lor, tlie said btute, against tne ; Bnmh sloop; ''rAc Active,"and her car- I go, in the Court of Adniiralty of thej State of Pennsylvania. On the 19t October, 1773, Gideon Olmsted ar:d his three associates filed their cUim in the Court, praying that Houston's bill might be dismissed, and the Active and er caro condemned as a prize for the sole bencGt of. the claimant?. The cause was tried beforo'Judze Ross, who, in pursuance of the verdict of the Jury, directed ihat the Active and her carga should be sold, and the proceeds distributed between the' litigating par ics, in tne proponioni menuoncu in his decree. From, this decree, Olm sted and his associates appealed to the Committee of . Appeals, appointed by -ongress, by their. Kesolutions, in 1777. In December, 1778, the " cause was I brought btfore the Court of Appeals who, pn the 15th of tliat month, pro nounced their definite decree, by Iwhich they reversed the decree of the Stite In all parts, and adjudged that theJAc- ttvs .and her cargo should be condemn ed as a prize for the sole use of the ap pellants A certificate of this decree having been transmitted to the Judge of the State Court, he was. of opinion that the Court of Appeals had no right to set aside the Verdict of the Jury, and therefore-ordered the -Marshal to sell the Active und her cargo, and bring the proceeds into, his Court, ready to abide his furtherorder. On the fourth January, 1779, Matthew Clarkson, Xhe Marshal, brought into the State Court 4F.93I. 2sm 5d. Pennsylvania currency on Account of the cargo of the said Ac tive,, the vessel remaining unsold and Judge Ross signed an acknowledge- ment that the Marshal had deposited that sum ia his hands, ds Judge of the Court On the 4th January, 1779, the Court of Appeals issued their mandate to Matthew Clarkson, to detain the pro ceeds of the sale in bis own hands until their further ordtr should, be made known to him u which mandate, he made return that-he had paid the mo ney to Judge Ross, in obedience to hif order. Several proceedings and resolutions relative to this affair appear on the Journals of Congress and of the Legis lature of Pennsylvania, which it is un ne essary to mention. : 1 hey diftered n opinion, and the Court of Appeals, for the sake of peace, forbore to make j any attempt to carry their decree into execution, ihe money brought into the State Court was loaned to the U nited Slates, and certificates of the loan were issued. Judge Ross paid part of I j these certificates to David Rittenhouse, I deceased, Treasurer of the State of j Pennsylvania, for the proportion of the p ize adjudged to the State, and, at the same time, (May I, 17T2) Rittenhouse gave to Ross his bond in the penalty of 22.000, with condition that the same should be void if the said Rittenhouse should make repayment of the sum of 1 1.496. 9s. 9 si. in case the said Ross should, by due course of law, be com pelled to pay the same, according to the decree of the Court of Appeals, and if the said Rittenhouse should keep the said Ross fully indemnified, Sec. In the conditi'Mi of this bond, it is mentioned that he money waspaipVtoftittenhcu.se, Treasurer of the State, for the use of the State. It is declared, in the answer of Elizabeth Sergeant and Esther Waters to the bill of Olmstexl, Jcc. that on the 21st or February, 1703, David Ritten house caused the said certificates to be funded, " for the benefit of those who eventually appear to be entitled to them," and received u in lieu, and on account thereof, and for the .benefit and use a foresaid ' three other cetificaies, (pani culariy described in the answer) & that, after the death of the said. David Rit- tenhouse, the said certificates, together wiui a large sum oi money received oy thesaidDavidRittenhouse,for intereston the same, came into the hands of the said Elizabeth Sergeant & Esther Wa ters, his executrixes ; that some time in the Autumn of 1801, Abraham Car- lenter, dreasurer of rennsyivanta, called on the said Elizabeth ..Sergeant and Esther vVaters, and required of them to deliver to him the said certifi- cates, and the interest leceived on them, upon his giving them a bond of ihdem- nity, which, they refused to do, being advised that they could not do it with safety. On the 14th Januarys 1803, Richard Peters Judge of tbe District Court of the United States,for the Dis trict of Pennsylvania, decreed thdt the said Elizabeth Serjeant and Esther Waters should transfer and deliver the I said cetificates, and pay the said inter est money to Olmsted, kc. (the hbel lants) upon. the4bond of indemnity be ing cancelled, and given up. On the 20th MayV' 1807, Elizabeth Sergeant and Es!htr Waters filed in the District Court a' suggestion that they had paid ipto. the,, Treasury of Pennsylvania the said certificates and. interest money, in consequence of &n act of the Legislature of the said StaieV passed. 2d.i April, "1803 ; they further suggested that the .said. certificates and money werefreceived by their testator, as the Treasurer . and ' Officer of the Statt ; and therefore n'9. process pught to' issue against them, on the said de cree, and that the aid decrceys) far as, it. respected the claims.nshts 5c interest of . ne sata otate, was, ex parte ana witnoui jurisdiction. The Judge'bf the District i Court hating delayed io issue process his decree, a. mandamus froni the c preme Court was received .by nim.on he 18th March, 1808 to which He made a return, 1 8th Julyl 808, stating the rea sons; of his delay; ?iAt February term, 1 8 09 i t h i e Supreme jwourt issue d a pe reraptor mandamus, 'in obedience to whichjJudge Peters issued the attach ment, by virtue of which Mrs.- Sergeant is nov held in confinement, : . v , IfI order Mrs. Sergeant to be dis charged, it must be becaiisd the Court of the United States has -proceeded in a case in which it had no jurisdiction. If it i had : jurisdictional vbaveY no rjght to inquire into its judgement ,or interfere; with its process. But the Counsel of' Olmsted have brought. for ward a preliminary question, whether I have a right to discharge the prison pgr, even it I should clearly be of opinion that the District Court had no iurisdic tion. 1 am aware ot the magnitude of this question and have given it the consideration it deserve. My lopinien is,Mvith great deference to those who may entertain different sentiments, that in the cise supposed, ( should have -.a right and it would be my duty to dis charge the prisoner. This right flows from our Federal Constitution which leaves to the several States absolute supremacy, in all cases in which it is not' yielded to the United States. ;This sufficiently appears from the scope and spirit of the instrument The United States have no" power, legislative or judicial, except what is derived from the Constitution. When these powers are dearly exceeded, the Independence of the States, & the peace of the Union demands that the State Courts should in cases brought proper- ly before them, give- rerJress. There is no law- which forbids it-r-their oath of office -exacts it, and if they do not, what course is to be taken ? We must be reduced to the miserable extremity of opposing force to force, and array ing citizen against citizen for it is vsun to expect that the Slates will submit to manifest and flagrant usurpations of power by the United States, if (which God fq bid) they should ever attempt them. If Congress should pass a bill of attainder, or lay, a tax or duty, on. ar ticles exported from any State, (from both which powers they are expressly excluded) such laws would be null and void, and all persons, who acted under them would be subject to actions in the State Courts. If a Court of the United States should enter judgment against.a State which refused tctappear, in an4 action brought against it by a citizen of another State, or of a foreign States such judgmentwould be. xo, and all persons who act) under it would be trespassers. These cases appear so plain, that they will hardly De disputed it is only in considering doubtful cases, that- our minds feel a difficulty in deciding rbui, if in the plainest case wljich can be con- ceived, the State Courts may declare a juugmeni to De vota, tn& principle is established, iiut while , I assert the power of the State Courtsi I am deeply sensible ;of the necessity of exercising it with the greatest 'discretion Woe' to that Judge, who rashly, or wantonly at- tempts to arrest the authority-ot the U States ; i let him reflect : again atid again before he declares that a Law or a Judgment have no validity. The, Coun- sel for Mrs.- Sergeant have, withgreat candour and propriety admitted, that when there is reasonable ause for Mubt that doubt should be decisive, in "favor of the 'judgment in cfiiestion. The. same principle has been adopted by the judg es of the Supreme Court of the United States, and- of our own State, when questions v;cpncermng the 'validity of laws, hove come betore tnem, aru itnas my hearty approbation? Having disposed of the preliminary question, I will now consider the point of; jurisdiction. If the District Court had no .jurisdiction, it must either be, on account of the Subject of the suit, or the perfonryrho were parties. . I. 'will examine them separately. The siiiect is a matter of prize, vhich arose beforei the adoption of the present Constitution, By the 2d section of the 3d article of the Constitution the Judicial powerof tne United State, extends t& all cases of Admiralty and maritime Jurisdiction," These expressions comprehend'all ca ses , whsch ha .ariseni' or which should arise and Jtvfw.as no. doubt the intenjt to j rarareijeni thifein ; because others, wise, alfrintelcedpnt; cases, would have .been icft unprbvidd for. I believe this consirtction hra iu- i of the artnimtihhicalIl Couribemitihaite risictlohfeftlisiobnes mvfl anv 'ftnlnlnT,nWiHlAoi'mJTlOnt''vi-:iv.'., of the old Court 'of "AppealS'to tt the decbi6ni"riurtes;;(nira provisldnpthtb Court ;,ofdralatosu That iithe;'jpint-which foVdjih0 much jealousy land hearUouSngbe 'tween several of-tbe Sttesd 'eloUlft of no small difricultv. ; But the State of Pennsylvahiaiavih reified jepent5 CpnsttJtMtheny yiupif&ji vestthelpqurist; of ;thn;Xf Stated BlVJ-J power to decide'this cpntroversy.ijPhe:;;i have decidedit, and r)eing'dearly:f ith in their'Jurs4icUoht:J:a to consideir' itas now bpen to -distdssiohi'ix M$$ The Supreme Court 6ttKe:Sta has iririw than "nnrif derlrlid.thatV th '-tiM'-'i contrary.Frofn" thfttablisJup this principle, 1 it , iirretib)0rst that f Gideon; . oimsteadndUass- atesji were. entitled tbihen ceeds of , the- Actife .and'$er:j$ may ! pursue them into hateveij1ih?ihds $$. they, have fallen, unless"irirleefe?'p have fallen into! thfe hands pppernsjyf not subject to 'an action- utthe Court ot WfrZ the United -States Thisleads mevtoi the question concertiiith. the suit, the only questipn4wichas appeared to me to be of real difficulty and which I was plea sedto hear argqeu 4 with great forte ar.iaWpui3fie;' xtMj;, Counsel for Ir?s, 5ergeaht ': Vljt fi$"dfe I -0& 1 clared by the l lth article1 of the amende ,vi ments 01 tne joonsinuiion mat; " ine ji- t dicial power of the Unijted tateshait f not be construed io extenrl mivifi in law or' equity xio'mmeiiceWp cuted, against one of vtne United States by citizens of another State, or biti-, The record invthis? casei shews i; 4 suit , between1 citizen of Coecticttfacfi tiiens of Pennsylvaniar fit is therefdy not within the worils of the amendment 3ut it is contended, that altheugh) not within the words, it is within (bpSirit,: -Sff oecause tne uvt is uruugui. against perf VJ State, who received the i 'pr6pertjf:in;-';.'j question for the Juse oQltateThere I U is weight in tfi iobseatipnjt convenience : Would be' very ;gatthe ' :1 ' plaintifF in anyactiori mighf bY'an sion j by suhstituting ihe hjfficr0 ihe State in the plae of the Stiiij cornel the State to aoatidohitsi prpperty, 6j contestat, in the Courts pf.the United" , States' f ;: -x"; yUi'-'Lir: '-yt . ' In a case spciriamstahcedthe ar- .gument utd be Very pperfiil against the jurisdiction of the redera Courts.'- . But I canriptayj judhgTrpmito i" iiidtciallyt disclosed to me, (wich arc all - that IcaW c as e is 6 : c i rc u m static ed i The ce rt ? ficates wererceVtamly,; paid to Mr? Rit-' tenhousei'. as Tfeastirer of the State. , . Bttt itis Equally certainrthat neither1'1' he, nor his repTciehtalives - slhcehi death, did deposit them in the i reasuy ry of Pennsylvania on the contrary, they' were rmvesiea uy mm j in a n rona : in his -awnr. aameV andt'Wrjeats'; 'his written memprandura,that" consider themes thei property pf ' the -State, but; his own property jantif the State should give Tdm a certain" iridem-1 ' niiicuuoii, vrmBiiever w given-rit this evidence! Jsl not; strong enough, to- shew that th!e- ceriipcate if ; ah-'"money' , , were not in th e ' poise ssi&d of ijie; Stated Jt U tfWVUIlVO Mil BuumuHKi vvtvugui U&Hi-1 7 cult to resist from j the1 cirCijrhitahctf stated in , the I answer of ? Eliiabetfr Ser geant and Esther Waters, that they - V nan retusea iq autver iucm; 10 tne 1 red , - surer of the State,;, aimpughtexpfesslyi, J required so to do." -Whether the con- duct; of ? Mr. Rittenhouse: and 'his "Ext nt.ivac -tafia Wiffht.'nn Ornh ?.iT nxi . .t'-'"r" point npw to beXjnrjfutretf ' itbat ltheyMfl-iii ceifiaieis' ) aniinterest nipneyi frohi the Trrj?' until; after the final decree pf the pis-, tricf Court. Their paying it aftCrwards cannot affect the question pf jurisdiction How then ' doe the case stand i ;Th.e property of these cerufiate and 'Iqter e'stm6neyCww'iritly Ol)nstead; , fee. Dy'the decre trier Court of Appeals, ilfe'Su". :t '.4'''- 'VSt? . : 3 , II' 114 1. UK. . -5-- '' ,s i t. , 1 -. .', I j a. ? x . x. , v.- -A .... 1 ' m 1 t