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Full Title
A report, of the whole trial of Gen. Michael Bright, and others: before Washington & Peters, in the Circuit Court, of the United States, in and for the district of Pennsylvania, in the third circuit, on an indictment for obstructing, resisting, and opposing the execution, of the writ of arrest, issued out of the District Court of Pennsylvania; in the case of Gideon Olmstead and others, against the surviving executrices of David Rittenhouse, deceased.
Author
Lloyd, Thomas; the arguments of counsel and charge of the judge, revised by each respectively.
Contributor
Bright, Michael, Gen. Lloyd, T. fl. 1788-1819 Olmsted, Gideon, 1749-1845 United States. Circuit Court (3rd Circuit)
Date Added
13 January 2014
Language
English
Publish Date
1809
Publisher
Philadelphia: Printed for P. Byrne.
Source
Pennsylvania
Topic
Bright, Michael, Gen. Trials, litigation, etc. Trials (Resisting an officer) Pennsylvania Philadelphia
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OCR
, . V ' 174?) ,1 u ‘ t
" actual settle,ment‘had:been made and continued.”- Now, let
ilustrecollect (for it is no longer a case of supposition) that a ,
"w,airranteercoming from fl[a.s'sac']luSe[t.s', orrfrom Gear ia, who= ,,
, has paid the state, for his tract ofrland, was driven from the-f
’groundin,the year 1794.-, by the ‘Indian-war, winch then,
. raged, on our frontier; thathe had been wounded ‘himself’;
, hiswifesliad been scalped; hislchildren had been dispersed; '
r-and hispimprovements had been prostrated; that itakiangthe
, ; advantage of the first moment of peace, a stranger had in-t
, i.;ltr,,L'1ded upon the land, claiming a title, as in a case of forfei-gr
ture, and obtaining, perhaps, a second warrant fromlthe com-
monwealth’; that against this intruder, a citizen of Pennsyl-
‘ vania, the 0rl8'lI'l,1Il‘V1.H'rZ1ntt7e, a citizen of another state, brings
a his ejectment ;-it is, [1rima.facie, a case of federal jurisdic- ,-
tion, as a suit between citizens of dillerent states; and yet, ., i V
, e S itlhas, been, virtually, contended, that whenever Pennsylvag.
, ’ , nia should be pleased to alledge an interestin-the condition of.
l iniprovernent, settlement, and. residence, the court must,;
Vi also, dismissthise ejectmentl 1 ., t ‘ e l
., But," to, try the imxnediate-ground of the present con-t
: troversy, we find, that by the direction of Pennsylvania, Mr.‘-.
,, at t Rittenhousc gave a bond of indemnity to Mr. Ross, for sur- J
rendering the proceeds of the prize .Active: Now, let-us.
suppose, that the representatives of lVIr. Ross were citizens
a of;New-jerseytthat they had been compelled to pay the '
y 4 money to Olmstead and his associates ;"and that they had in- l y
’ stituted a suit, for their indemnity, upon the bond so given,w
against the representatives of Mr-. Rittenhouse, who are, citi,-Q L
y , ,,"‘Z8I‘lS“Of,PCQQSylV11l1lu;:lt is, primu facie, 21 casevofyfederall’
I l V ijurisdiction, "aspaesuit between citizenswof different states;
’ and‘ yet,‘,‘it has; been, virtually, contended, that whenever
T, Pennsylvania should be pleased to alledge an interest (and 3.‘; “
" , strongetyevtentual interest, or collateral responsibility, cans ‘
‘ ';noip‘be" imagined) in preventing a recovery ,upon‘,thetb,on(,l, M
[theencourt,must,dismiss the suit, and the party, withethe clear- ‘ f
pest,right,?be;diyestvtl of every legal remedy !':‘.-' l
1 . Again :, we find, that-in the=year1,803, Mi. Ma‘Kean, . s
p .‘ ‘ )”'by;tl1'e' direction of the, legislature, gavea’bond:oflindemnit)nj-A 7 V
, ' 1 I‘: Hp’ thelrepresentatives of: Rittenhouse, iforfspayingltlic I.
3;. 2 a prolceeds of the prize Ac,tiv,e,'in.toethc state treasury; ,N0w,j
4' V l. ' legus sl,1ppo,se,: that those; representatiyeswere citizens ‘of; i it
' New-]t:rScy.;lthaththeyyhatl,been'cornp’elled:by ltliedecreefof. r .
‘Lthe: diestrict]'judge“to paybthiex'rnoney[.lagain”;.to.;Olmstead ;;' ‘
A V and‘that,'; for theirein’den‘rnit'y,3 they had ]brou'ght,a suitoupong,’ ' '
t i.’,'fth,e.b6nd i‘gal‘,‘55M,1‘LlVI5Kean',. aicitizeniofQPcnnsylvaniar-v.-j 5 A “
‘ I