Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and HistoricallyLoring, Caleb William
History
Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically
Loring, Caleb William
Nullification (States' rights); Secession
During Jefferson’s administration a serious controversy between the
United States and the great State of Pennsylvania as to the national
powers of the government came to a crisis. During the revolutionary war
the sloop _Active_, bound for New York with a cargo of supplies for the
British, was taken from her master by Gideon Olmstead of Connecticut
and three men, who had been impressed by the English and put on the
vessel to assist in her navigation. An armed brig of Pennsylvania took
the _Active_ from Olmstead and his associates and brought her into the
port of Philadelphia. The State Admiralty Court of Pennsylvania tried
the case by a jury according to the State laws, awarding to Olmstead and
his companions only one quarter of the prize money, and distributing the
remainder to the State, and those interested in the brig taking the
_Active_ and a companion vessel. An appeal was made by Olmstead from the
State court to the Continental Congress as the power that had control of
the maritime affairs of the revolting colonies. Congress very properly
insisted on its jurisdiction over such cases. The Admiralty Court of
Pennsylvania, disregarding this right, ordered the sloop and cargo to be
sold, and distributed the proceeds; the Continental Congress, not having
the power to enforce its rights, let the matter pass. Some years
afterwards, when our new government had gone into effect, Olmstead filed
his libel before the United States District Court of Pennsylvania and
obtained a decision in his favor reversing the decree of the
Pennsylvania court. Judge Peters, of the United States District Court,
hesitated to enforce this decree against Pennsylvania, wishing to obtain
the sanction of the Supreme Court of the United States. A mandamus was
issued by the Supreme Court directing its district court to enforce its
decree, Chief-Justice Marshall saying that if a State could annul the
judgment of a United States Court the Constitution itself became a
solemn mockery. “The State of Pennsylvania can possess no constitutional
power to resist the legal process which may be directed in this case.”
Public-domain text, read in full here on John Shaqi.
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