Page:The Green Bag (1889–1914), Volume 07.pdf/38

 The Case of the Sloop "Active?

l9

The matter was duly referred by Con and they divided the residue between the State of Pennsylvania, the owners of the gress, then sitting in the State House, to the privateer, and the officers and crews of the standing Committee on Appeals, styling "Convention " and " Le Gerard." The themselves " The Court of Commissioners Judge, who was one of the signers of the of Appeals for the United States of Amer ica," consisting of William Henry Drayton, Declaration of Independence, did not con ceal his sympathy with the heroic conduct of South Carolina, but lately the Chief Jus of Olmsted, but found himself unable to tice of his State; John Henry, Jr., of Mary overcome the local prejudices of the jury in land; William Ellery, of Rhode Island, one favor of the mariners of their own State, and, of the signers of the Declaration of Inde moreover, felt himself pendence; and Oli ver Ellsworth, of coerced by the ex press language of the Connecticut, after wards Chief Justice law into a confirma tion of the verdict. of the United States.' Olmsted and his as After full argu sociates were too spir ment and due consid ited to submit, and eration, on the 15th promptly appealed of September, 1778, to Congress. Secu they solemnly re rity was required, versed the judgment and in his plight the of Judge Ross, and unknown and friend directed the marshal less Olmsted applied of the State Court to to Benedict Arnold, sell the sloop and himself a native of cargo, and after de Connecticut, then ducting the costs to military commander pay over the entire of Philadelphia, who fund to Olmsted and had recently em his friends. barked upon a course Unhappily the of speculative enter matter did not end prises, induced in a Ol1ver El1_sworth. here. Prior to this large measure by the time judgments of life of extravagance and display w:hich he reversal in admiralty matters had been cheer led after his marriage to Peggy Shippen, fully submitted to by the State Courts, but the acknowledged belle of Philadelphia. now a serious collision occurred. Arnold, with a keen scent for gain and cer The first intimation of the coming storm tain of success, purchased in common with was given by General Arnold,2 who warned Stephen Collins, a merchant, a share in the 1 Journals of Congress, Vol. IV., p. 445. 2 His letter is dated the 3d of January, 1779. The controversy for a low and inadequate price." original is on file at Washington, D.C., among the MSS. in 1Arnold's conduct in this transaction was made the the office of the clerk of the Supreme Court of the United basis of one of the charges preferred against him by the States, and is printed in full by Hon. J. C. Bancroft Davis, Supreme Executive Council of Pennsylvania, but it was in a pamphlet privately printed by him, entitled " The dismissed by the court-martial for want of jurisdiction. He Committees of the Continental Congress chosen to hear was then indicted for the crime of maintenance, but the and determine Appeals from Courts of Admiralty and the bill was ignored by the Grand Jury, by direction of Chief- Court of Appeals in Cases of Capture, established by Justice McKean. — Arnold's Trial, p. 11 8, privately that Body." See also Appendix to 131 United States printed, New York, 1865. Reports.