The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-24

contract Ia the manner IN which HE undei took
CIR. aSS. vuk.
Thurfday, Nov. ls,h-The Judges delivered
their opinions.
Judge ROANE. This i, an appeal from decree
of the Chancery Court for the Richmond DiNriSt,
rendered in favor of the appellee, upon appeal
from deciiion by the Auditor The teiator OF the
appellee had paid into the treafury certain fums of
money in November, i777, and April, 1878, on ac-
count Of Brti debt due by him, and delivered the
certificates therefor to the governor who, the 25th
OF May, granted his receipt for the fame. Sub
iequent to the at of 1885, upon tie fubjea Of iuch
payments tie appellee applied for the fad fams with
inicrea but the officers of the commonwealth infled
on reducing them by the cale the 2sth of May
1879, and not the days when the aforeiad unis
were paid into the treafury. The Chancellor de-
creed for the appellee the fms produced by the APP
piication OF the fcae, the days lat mentioned
The appellee now inGas that the Chancellor ought
moreover to have dccreed him ipteref from the days
aioreaid. He alto nits that ,hofe fun,s ought not
to be fcaed ALL bat sc repaid to him at the non,i-
nal amount, aledgng, that he has been obliged to
pay up in fpecie the whole of the Brtih debt afore-
iaid, under dceiion of the Supreme Court Of the
United States, ON that fubiecf.
This laft suction is extremely important and, al
though not much prelIed III the argument, muh now
receive the dseGon of the court. The aSl of IT77,
Oh. 9, under which thofe payments were made,
trongly PurPorts that fuch payments hould operate
diicharge of the Britifh debts AT that time Vrgn-
was completely ioverrgn, and although fhe did not
tonfeate the Brth debts, fine placed herfelf in the
hoss OF the CREDITOR and plighted the faith of the
nation that the debtor hould be thereby completely
discharged. Nothing but the transfer of the fsve
regnty of Virginia into other hands, the extremity Of
Rate neceihty, or the unparalleled circumstances and
ditreies of the revolutionary times, could junify that
breach OF the public faith, which gave rife to the
preient application. The fituation of this fate and
OF the other Rates in the union fuch, how ever
during the revolution fcarcely find parallel in
the hittory and events of other nations The neeei-
ty for emitting large ums of paper money caufed an
enormous deprication in its value, and the common
w.aiih was unable 20 make good its engagements to
the holders OF that currency, which Aipulated
demption thereof in Spaniih n,illed dollars. In
various other views ALTO, the pghted faith of the ma
ton was violated in relation all descriptions of our
citizens and eventuated in relus which nothing but
the mott imperous and nvincibe neceity can execute
or Jnitiiy Subsequent events, aripg from our trea-
tieswith Britain and regulations in favor of Brtiih
iubJeas have exhibited this remarkable fpeaacle,
that fuch iubIects have been completely fheltered
from thoie oaamities which, refutns from the abo-
itIon OF paper money, overwhelmed and ruined ma
ny OF our citizens! Our political hihory has exhi-
b'ted the rare phenomenon Of nation yielding great
er attention the nteres of foreigners than of its
own people, not only in relation the Brtih debts
now IN queition, but in the inflitution of certain
courts, principally with view the dipenia,ion of
Jultce, IN cafes wherein fuch foreigners are par
ties.
During the paper money ara, payments actually
made to creditors, operated somplee difcharge of
me nominal Value and the debtors Britih fubjes
were only deprived Of that advantage by the abfence
al The creditors. That cIreuniu .--.--.--.IA
have b-rn ren,cded by ,he.a2 of l777, had not the
policy of the nation been afterwards retraed by hi
pulating repayment Of the Britifh debts in pece.
IL mu be confeael however, that the value of the pa
hell
'fs nominal amount purported. II mutt alto be adj
itteo, that thoie debtors have gained by fuch
payments in cafes where they were not thenfelves
Indebted 20 Others or prevented by any cauie.
from making payments tot uch other perfons in de-
preciated paper. In thefe cafes, the money would
have continued deprecate in their hands and hay.
caued to them total lol.. CONFEDERATION. Of .h;.
KIND tended TO alleviate the regret the commonwealth
matt feel at the unavoidable rejection of the ener-
mous claims of Perfons imilarly eircumffanced with
the prefent appellee.
The act of I777 does not eonfifcate the Bri,ifh
debts 1t only iequeifers them, and places the COM
monweath IN the iituation Of receiver of the mo.
hey due to Brtiih fubects. The act indeed declares
that the payments into the treafury flalI dfcharge
the debtors for 70 much as fhould be paid in but,
eonfidering that the act does not confifcate the
debts, and that eonfequeEtly none, perhaps but the
creditors could give regular discharges for them the
act ought, think, to be coniidered a. covenant Of
indemnity to the debtors. Ii ought be conlidered
as liquidation on the part of the then fovereign COM
monwealth of Virginia, that neither oy any law, nor
any treaty formed with another power fhould this
payment be affected, the debt be coniidered lin
relation to the debtor) otherwfe than as completely
discharged But the sovereignty of Virginia. as then
exiting has paed into other hands; rn into thoie
OF the government of the confederation, and laRly,
into the hands of the prelent government of the u
States. ALI the citizens of this commonwealth were
parties, and saentiug to that change and the co.
venant above iPoken Of, (if it now exits at alb i,
obligatory on the general government only, whole
laws and treaties, and the decons of whole courts
have violated the faith of the commonwealth of Vir
GINA, pIghted by the aa of I777, to the injury of
the Prefent appellee. Nothing is more clear than
that sovereignty uceeeding another alto fueceed
to all It's juit engagements, and that nation fha
not be held to a itri9 performance of its contracts
after its power and character fuch had pahed away
The liability of nations revolutions and changes Of
this kind is always contemplated in contracts or a.
greements with individuals others and the cafe
before us is the iironger agat the appellee in the
Preent Ditance, in that the changes now ia quefton
was ailsnted to by him III common with the other c
tzens Of America. If, therefore, any redre(s exits
for the appellee, touching the premes, it is to the
government Of the United States that he nun apply
and not tc the commonwealth of Virginia.
With refpeet to the queion concerning the an
pcaton of the fcale in the cafe before Us, am Of
opinion that the Chanoeors contribution upon the
fubje6t is correct The aet of 1877, conliders the