The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-05-14
LAW INTELLIGENCE.
COURT OF cnANcERl, LONDON, JANUARY II.

COUNT OF cHANcERY, LONDON, JANUARY II.
! 7. x. Dolber, Y. fbe Bank at ENGLAND. Lard
| Huntington and the Hon. x. WaiboL<.
| This will appear a cafe of preat confequence,
whether we attend to the parties concerned, to
the magnitude Of the intercft, or to the great
political objects connected with it's decion.
The plaintiff is no lefs pcrfanage than the
Landaman, or Supreme Magtrate cf the Hell
veto Republic. 1t is well known, that the two
latter Defendants are engaged in great bank
ing concern under 'he firm of Vauneck and Co.
At the awful criiis when the Csntons of Swift
Zer'and were thrca tened with deitru Ston as An
independent power, by the importing i,uation
of France in 1898, the Cartons Of BerHc and
Zurich had the prudence Of invefning conf
derable portion of the funds of their reflective
ftates i'm the public feC,rites of this country.
Purfuant 10 this deiign, S5,499l. los. Cd. was
placed in the three per cent. Confo'idased An
nuites; l5s,ss5l. 6s. 81. in the South Sea
Stock and about $4,000 in Bank fork The
agents the country, for the appropriation of
theie monies, were Lord Huntingdon, and the
Hon. Robert Walpolc, who were directed to
employ them in this manner, by the conftitut-
ed authorities of the Cantons We have named
The dividends refnting from thefe inyeffmrnts.
10 the time when this hill was filed in Chance
ry. amounted to the fun of 81 ,oo9. ISIS. 1od.
and the preient application was to procure
from the defendants the payment of this fun
into Court.
Mr.. RoMILLY, on the part of the plaintiff.
laid, that this money had been intrufted to the
corporation, and to the noble and honorable
perfons who were the defendants in this caufe.
at the time when the thirteen Swifs Cantons
were independent ftates both with refDetf to
each other, and to the reft of Europe. In 1873,
the inhabitants became united under one 90
vernment, called the Heyetick republick. and
thus the particular Cantons interefted in thi,
property ceafrd to exit political and feoarste
powers. 1t then became necetiary to provide
receptacle, or general treafIry, for the funds
of the thirteen dtintf ftztes; and it was order
ed, that the property belonging to the different
Cantons fhonld become national property.
This determination was made by the EXITING
government, and was confirmed on the al of
April after the union, by the fenase, elected ac-
cordinp TO the forms of the new contribution.
In confequence of this law the prefent plaintiff
became the representative of the fate for theft
particular funds before appertaining to Berne
and Zurich, and in this character he was au-
thorifed to apply to the court to receive the
dividends, refulting from the invefments, con-
fitting of 57,oosl. SIS. lod. under its immediate
protection.
Menrs. RIc ARD and HoL LIS, in reply. faid.
the defendants admitted that they were NOT en-,
titled TO this property, but before the plaintiff
could require of the court that it fhould he de.
pofted in the hands of its receiver, he fhouId
make brima faeie cafe at leaf, that he bimfelf
was entitled to it. The dividends were caIcn-
lated at the fun of 81, oooI. and fnaIl r,f1;or
but it was not correct to af1ert, that the whole
of this would even belong to the ftatt of Be,ne
and Zurich, did they exit for Anthony 81.
D1dier, banker OF Paris, wa' po7ened of an
Alignment of the principal monies, TO the ex
tent of 66,oool. and he had fled bill for the
transfer of flock TO that amount. But the chief
objection was to the character the plaintiff az
fumed. This country does not acknowledge
any Hevetick repubIick, and no rnunic;oal
court here can therefore fuppofe fucb a mower
to exit. From the ehablilhed forms founded
on the royal rights, this court could not even a
gitate quefion of this nature. exceDtiny i, tbe
preience Of his maiefty's attorney general: and
it was absolutely Reeenary that this officer of
the crown mould be made party IN the caufe.
The prefent quenion feemed precifeIy Gmilar
TO that which was before difcuned on the rights
of the fate Of Maryland, previoufly and fbfe-
quent 10 the independence of America: and if
was determined that the property Of that fate
fhould devoive to the crown. The learned
council further contcnded that il was not neceC
fairy for them TO give any anfwer at all TO this
petition; that If the attorney general were TO
think proper to file an information, their clients
would be ready TO give the fuitahle anfwer. The
argument drawn from the decree Of the fenate.
veRing the property of particular Rates in the
treafury Of the Helvetick republic, was inap.
| plicable, becaufe new revolution had fin-e ia
ken place, under the Immediate aufpiccs IF the
public enemy of this country, by which I'll for
mer laws werelabrogated.
Mr.. RoMILbY made verylong AID ablereplv,
on behalf Of the plaintiff, and adduced, as an
example, the ftnstion Of Ireland, which had
been united to this country. He confidently
maintained that If the fifter Ifland had inveferl
! large fums in the funds Of a foreign fate, o.
the principle of the argument now employed
that ftate would b. fulfilled in f,curing the whole
property for its own purpofts.
! LORD CHANcELLoR.-"T The cafe materially
differs from that connected with the rate of Ma.
ryland. The cd government Of Maryland ex
lied under the Kings charter; = revolution took
place, and the court held, that property invei
ted under charter was not 10 be traoflnitted
TO body, not exiting under the authority
I granting that charter and hence, the propert,
devolved 10 She crown. No fuch connezia r
with this kingdom fHbifs here, and this make,
I NJ very SjiGt ,euf auction If IL a., i,1r,r,, ~