voting in the negative, while the power of they believed to be the respective rights of Congress was sustained by such men as the parties to the controversy.1 On the 8th of March, 1780, Pennsylvania Samuel Adams, John Jay, Richard Henry Lee, Thomas Burke, Henry Laurens, and passed a new act, abolishing trial by- j'ury William Henry Drayton.' The reasoning of in admiralty causes and restoring the prac Congress, while readily commanding assent tice of the civil law, and a similar act was in our day, proved but a paper victory. passed by South Carolina on February 26, On the memorial of Olmsted, who bitterly' 1782. The remaining States declined to act. Nothing, however, of a conciliatory na complained that the decree of the appellate ture was done by Pennsylvania in Olmsted's body had not been complied with, commit tees were twice ap behalf; on the con pointed by Congress trary, her Assembly to confer with a com by resolution author ized Judge Ross to mittee of the Pennsylv a n i a Legislature. pay over the money Resolutions, assert realized from the sale ing the absolute of the cargo and the power of control of sloop, which had Congress by appeal been disposed of dur in the last resort ing the discussion in "over all jurisdic Congress, to David tions for deciding the Rittenhouse, the cel legality of captures ebrated astronomer, on the high seas," who, though study were transmitted to ing the stars bynight, was willing to all the States, with the request that they act as State treasurer take effectual meas by day. Payment ures for conforming was made, and a thereto.3 An active bond of indemnity correspondence was given to the Judge entered into between as to that portion of Joseph Reed, presi the fund which had JOHN MARSHALL. dent of the Su been awarded to preme Executive Council of Pennsylvania, claimants other than the State. and Thomas Burke, Esq., in behalf of the In the meantime the Constitution of the Congress, in which, while each was tender United States had been adopted, and by in his treatment of the question involving the terms of the second section of the Third the harmony of the Union, both were firm Article, the judicial power of the United and outspoken in the maintenance of what States was expressly extended to all cases of admiralty and maritime jurisdiction. The ■Journals of Congress, Vol. V., p. 64, et seq. Many power of the newly-created nation stood be years afterwards the reasoning of Congress was expressly adopted and sustained by the Supreme Court of the hind this constitutional provision, and it re United States in determining a somewhat similar case. See mains to be seen what change was wrought opinion of Paterson, J., in Penhallow v. Doane, 3 Dallas, 1 Letters of January 28, 1779; January 29, June 5, 1779; 54Pennsylvania Archives, 1778, 1779, PP- '70, 17 1, 172, •Journals, Vol. V., 165. 468.
