Summary
The Active Case was a legal dispute that developed after Gideon Olmstead and three other American prisoners seized the British sloop Active off the New Jersey coast in 1778. The dispute involved the Pennsylvania Court of Admiralty and the Committee of Appeals in the Continental Congress, which issued conflicting decisions over ownership of the captured vessel and its cargo. The case continued for 30 years until the United States Supreme Court ordered Pennsylvania to pay the sailors what Congress had awarded them, affirming the Federal Government’s authority over the Pennsylvania Government.
Essential Facts
- Also Known As: Olmsted et al. v. Rittenhouse’s Executors.
- Origin:
- The sloop Active sailed from Jamaica toward New York in August 1778.
- Four captured Americans, including Gideon Olmstead of Connecticut, served among the crew of the Active.
- The Americans took control of the Active off the New Jersey coast on September 6, 1778.
- Two ships from the Pennsylvania Navy, Convention and Gerard, escorted the Active to Egg Harbor and then laid a claim on some of the cargo.
- Conflicting Decisions:
- The Pennsylvania Court of Admiralty, led by Judge George Ross, awarded Olmstead and his associates only one-fourth of the prize. The rest went to the Pennsylvania Navy.
- The Committee of Appeals in the Continental Congress overturned the Pennsylvania ruling on December 15, 1778.
- Ross refused to accept the congressional decision and took possession of the £47,981 received from the cargo sale.
- Outcome: In 1809, the United States Supreme Court ordered Pennsylvania to pay the sailors what Congress had awarded them.
Significance
The Active Case is important to American History because it showed how the authority of the Federal Government outweighed the authority of the Pennsylvania Government. Although a Committee of Appeals overturned the Pennsylvania Admiralty Court’s decision in 1778, Judge George Ross refused to follow the ruling, and Congress did not challenge the state court’s order. The dispute remained unresolved for 30 years. In 1809, the United States Supreme Court ordered Pennsylvania to pay Gideon Olmstead and his associates the amount originally awarded to them by Congress.
History
In August 1778, four captured Americans were among the crew of the sloop Active, which was sailing from Jamaica to New York. The men were unwilling to remain prisoners after reaching New York. Led by Gideon Olmstead of Connecticut, they took control of the vessel on the night of September 6 while it was off the New Jersey coast.
A Pennsylvania Navy brig and a privateer escorted the Active to Egg Harbor, New Jersey, where both ships claimed a share of the cargo as part of the capture. Olmstead and the others protested, as they were the ones responsible for taking control of the Active. The dispute went before the Pennsylvania Court of Admiralty, where Judge George Ross (a Founding Father and Signer of the Declaration of Independence) presided. The jury awarded Olmstead and the other three sailors only 25% of the prize. Although Ross disagreed with the decision, he felt legally required to uphold it.
Benedict Arnold, the Continental Army commander in Philadelphia at the time, saw an opportunity to make money from the dispute. He secretly agreed to provide money for Olmstead’s appeal and use his influence with Congress in exchange for a 50% interest in the cargo.
On December 15, 1778, the Committee of Appeals in the Second Continental Congress overruled the decision of the Pennsylvania Admiralty Court. It ruled that the Active belonged to Olmstead and the others and was entirely their prize. Congress ordered the Marshal of Philadelphia to sell the prize, pay $280 in costs and charges, and give the remaining money to the four sailors.
Ross refused to accept the ruling, arguing that an appeals court could not reverse a judge’s ruling on facts decided by a jury. Ross took possession of the £47,981 received from the sale of the cargo (which did not include the ship itself). Congress did not challenge the Pennsylvania court’s order, and Olmstead and the others received their 25% share on October 21, 1779.
The dispute continued for 30 years. In 1809, the United States Supreme Court ordered Pennsylvania to pay the four sailors the full amount the Continental Congress had awarded them.
Timeline
- 1778, August — Four captured Americans sailed aboard the sloop Active from Jamaica toward New York.
- 1778, September 6 — Gideon Olmstead and the other American prisoners took control of the Active off the New Jersey coast.
- 1778 — A Pennsylvania Navy brig and a privateer escorted the Active to Egg Harbor and claimed a share of the cargo.
- 1778 — The Pennsylvania Court of Admiralty awarded Olmstead and his associates one-fourth of the prize.
- 1778 — Benedict Arnold secretly agreed to finance the sailors’ appeal and use his influence with Congress in exchange for one-half interest in the cargo.
- 1778, December 15 — The Committee of Appeals in the Continental Congress overturned the Pennsylvania admiralty court’s ruling and awarded the prize to Olmstead and his associates.
- 1778 — Judge George Ross refused to accept the congressional ruling and took possession of the £47,981 received from the cargo sale.
- 1779, October 21 — Olmstead and his associates received their one-fourth share.
- 1809 — The United States Supreme Court ordered Pennsylvania to pay the four sailors the full amount that the Continental Congress had awarded them.
AP US History
Definition
Active Case (1778–1809) — The Active Case was a legal dispute over the sloop Active, which Gideon Olmstead and three other American prisoners seized control of in 1778. A Pennsylvania Admiralty Court awarded the sailors only one-fourth of the prize, but the Committee of Appeals in Congress overturned the decision. Judge George Ross, a Founding Father and Signer of the Declaration of Independence, refused to accept the ruling. After a 30-year dispute, the United States Supreme Court ordered Pennsylvania in 1809 to pay Olmstead and the others the full amount Congress had awarded them.
Alignment
The Active Case is part of the following AP US History sections:
