The first open resistance of a State to federal authority, as asserted
by the Supreme Court, occurred in 1809, when the legislature of
Pennsylvania interposed its authority to prevent the payment of prize
money which had been awarded by a federal district court to Gideon
Olmstead and others for their capture of the sloop Active during the
Revolution. All efforts to secure a peaceful settlement of this
controversy having failed, the Attorney-General, in behalf of Olmstead,
applied to the Supreme Court for a writ of _mandamus_, directing Judge
Peters of the district court to enforce his judgment. In granting the
writ, Chief Justice Marshall pointed out the gravity of the issue. "If
the legislatures of the several States," said he, "may at will annul the
judgment of the courts of the United States, and destroy the rights
acquired under those judgments, the Constitution becomes a solemn
mockery, and the nation is deprived of the means of enforcing its laws
by the instrumentality of its own tribunals." Such a conclusion he
emphatically repudiated. Reviewing the history of the case with all its
details, he reached the uncompromising conclusion that "the State of
Pennsylvania can possess no constitutional right to resist the legal
process which may be directed in this cause.... A peremptory _mandamus_
must be awarded."
Judge Peters issued the writ, but all efforts of the marshal to serve
the writ were thwarted by the state militia. The marshal then summoned a
_posse comitatus_ of two thousand men. Bloodshed seemed imminent; but
after an ineffectual appeal to the President, the Pennsylvania
authorities gave way and paid over the money. Subsequently the officer
commanding the militia and others were indicted, tried, convicted, and
sentenced to fine and imprisonment, for resisting the writ of a federal
court; but they were pardoned by the President because "they had acted
under a mistaken sense of duty."
In this conflict of authority the National Government won at every
point. Even the resolution which the legislature adopted in the heat of
the controversy, calling for an amendment to the Constitution which
should establish "an impartial tribunal to determine disputes between
the General and State Governments," met with no approval from other
States. Virginia, soon to be of a very different mind, responded that "a
tribunal is already provided ... to wit: the Supreme Court, more
eminently qualified from their habits and duties, from the mode of their
selection, and from the tenure of their offices, to decide the disputes
aforesaid in an enlightened and impartial manner, than any other
tribunal which could be erected."
Public-domain text, read in full here on John Shaqi.
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