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Domestic News April 7, 1809

Norfolk Gazette And Publick Ledger

Norfolk, Virginia

What is this article about?

The Marshal of Pennsylvania attempts to execute a federal court process in the Olmstead case but faces military resistance from Pennsylvania troops, highlighting conflict between state and U.S. authority. He addresses soldiers, warns of treason, commands them to disarm, but is forced to retreat after failed attempts at serving the process.

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(In our last we noticed the proceedings of the Marshal of Pennsylvania, in the case of Olmstead; the following are his remarks to the military, opposing the authority of the laws of the United States.]

From the Philadelphia Political Register.

"Fellow-Citizens--Imperious duty commands my attendance at this time and place, in order to execute the process now in my hand, and which has been issued by virtue of a mandate from the highest judicial tribunal of our country. In the performance of my duty, I shall be governed by prudence and discretion, and withal by that firmness which should at all times influence those who are entrusted officially with the execution of the laws. It is with painful regret I view the collision existing between the state and the paramount authority of the United States, and it will become the serious consideration of fellow-citizens who now appear in military array how far they may consider themselves authorized or justified in resisting the laws of the land. The love of country, and a due sense of duty, I hope will induce those who I now more particularly address to withdraw themselves from the opposition made to the performance of my publick duty; and I know to you, that the constitution and laws of the United States consider an opposition to the execution of the laws by military force as TREASON and any forcible opposition to the execution of such misdemeanor. The oath you have taken, 'to support the constitution,' is a serious one, and the violation of it, in addition to the pains and penalties, is a most heinous crime. Here I pause, in necessary which if you require, will be granted; for I now solemnly declare my intention of eventually executing the process in this case, which has excited so much serious apprehension on for the peace and welfare of our common country. My duty will require of me the raising of a posse of the district, if the opposition is not withdrawn, of which power I shall avail myself, if necessary, in the marshal here asked general Bright if he wanted time. He replied no, and determined to resist in the name and by authority of the United States--said the marshal, addressing the soldiers, I command you to lay down your arms, and permit me to proceed, in the name and by authority of the commonwealth of Pennsylvania. To resist this in which as obeyed. The marshal finding it impossible to serve his process at this place proceeded to the house of Mrs. Winters where he attempted to serve it, but was again resisted and compelled to retire. Troops are still stationed and we learn that the Philadelphia legion has turned out to oppose the marshal whence.

We understand he will do with a posse unless the money is paid.

Had there been any wisdom or foresight in our legislature, this disgraceful scene might have been avoided, and we do hope, that even yet, justice may be done to Olmstead, and the honour of the state preserved from complete disgrace.

What sub-type of article is it?

Legal Or Court Politics Military

What keywords are associated?

Olmstead Case Marshal Proceedings Military Resistance State Federal Conflict Pennsylvania Troops

What entities or persons were involved?

Olmstead General Bright Mrs. Winters

Where did it happen?

Pennsylvania

Domestic News Details

Primary Location

Pennsylvania

Key Persons

Olmstead General Bright Mrs. Winters

Outcome

marshal compelled to retire without serving process; troops resist; no arrests or violence reported; philadelphia legion opposes marshal.

Event Details

Marshal addresses military opposing U.S. laws in Olmstead case, warns of treason, commands soldiers to lay down arms in Pennsylvania's name; resistance prevents serving process at location and Mrs. Winters' house; plans to raise posse if needed.

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