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 them to meet that as a court should be evening and adopt so settled as to give preventive measures, full efficacy to their and added that he decrees. Thus did had been informed they veil their con upon good authority sciousness of their that a member of the own judicial feeble Pennsylvania Assem ness behind patriotic bly had applied to fears of provoking a contest between State the judge to get the money paid into his and Congressional hands, and, if he authority. The fact should succeed, it stands out in bold would probably relief, that a Pennsyl reach the Treasury, vania judge had suc and then the claim cessfully ' defied the ants would have the Continental Con 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 subject of a commu THOMAS MCKEAN. 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 1809. United States v. Peters, 5 Cranch's United by the marshal to Judge Ross of the sum delphia, 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.
