Page:The Green Bag (1889–1914), Volume 07.pdf/39

 20

the commissioners in writing that Judge moneys arising from the sale of the sloop Ross was about to defy them by getting and cargo, until their further order.1 In possession of the money, with the avowed reply, he audaciously sent them a copy of purpose of standing out obstinately against the written receipt of the judge.2 any orders that might be given; that he The commissioners then solemnly declared had openly directed the marshal to deliver that they were unwilling to resort to any the money to him at nine o'clock on the summary proceedings, lest consequences following morning, and had boasted that no might ensue dangerous to the public peace order of the Congressional committee should of the United States, and positively declined take the case out of his hands. He begged to hear any other appeal until their authority as a court should be them to meet that so settled as to give evening and adopt full efficacy to their preventive measures, decrees. Thus did and added that he they veil their con had been informed sciousness of their upon good authority own judicial feeble that a member of the ness behind patriotic Pennsylvania Assem fears of provoking a bly had applied to contest between State the judge to get the and Congressional money paid into his authority. The fact hands, and, if he stands out in bold should succeed, it relief, that a Pennsyl would probably vania judge had suc reach the Treasury, cessfully ' defied the and then the claim Continental Con ants would have the whole State of Penn gress. sylvania to contend A statement of the with. His anxiety was proceedings in the not without cause, entire case was pre but the commission pared and made the ers acted with delib thomas mckean. subject of a commu eration. The next nication to Congress, morning they sent for Andrew Robeson, who referred it to a special committee, con registrar of the State Court of Admiralty, sisting of Mr. Burke, Mr. Paca, Mr. Dyer, who informed them under oath that he had 1 See the Whole Proceedings in the case of Olmsted et witnessed, but an hour before, the payment al. v. Rittenhouse's Executors, by Richard Peters, Jr., Phila delphia, 1809. United States v. Peters, 5 Cranch's United by the marshal to Judge Ross of the sum States Supreme Court Reports, 115. of forty-seven thousand nine hundred and ! The marshal was the well-known Matthew Clarkson, eighty-one pounds, two shillings, and five who had served as an aide-de-camp to General Arnold, and pence, Pennsylvania currency, arising from with him had been severely wounded at Saratoga. He was serving at this time at Philadelphia as provost-marshal, and the sale of the cargo. As the sloop had shared to some degree the hostility to his chief. There is not been sold, the commissioners drew up not the slightest evidence, however, to implicate him in the an order, in the nature of an injunction, speculations or frauds of his principal, while his conduct in obeying the mandate of Judge Ross, in defiance of the commanding the marshal, at his peril, to Court of Appeals, was directly opposed to the pecuniary maintain his custody of the whole of the interests of Arnold.