The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-24
in the form Of lean Office eer.sea.es; thofe warrant.


The decree is alto erroneous in Directing zvs,ranf,
to ilue by the auditor, and certificates by the
'Treafurer.
Cal, for the appellee. Asto the principal point
in the cauie, have formed any very deliberate
opinion. The petition of appeal from the deciion
OF the Auditor Gated that my client ented the
full FUN paid into the treafuryy on account 81
the Britiih debt, and it is my duty to contend for
it.
The commonwealth entered into agreement
with her citizens, that for whatever amount they
would make payments to her on account Of their
Britih creditors, fhe would diJebarye them. How
could they be dcharged, If they afterwards la
Bile to pay? On every principle Of contracts it was
the duty of the commonwealth exonerate them
beeaufe fhe received valuable confederation. il
no argument to faJ that the tfase might have Shfor
eed the payment into the loan office of hofe debts.
She did no, think proper do TO- lf then lhe chofe
TO become contractor, intead of exeroGng her
fOvercignty, ihe was bound to perform her con-
tracts.
IL may be faid that the citizen. compelled
to pay the amount of their Brth debts into the
iIry they were only invited to Fay chem but,
when it is condered that the o5jea of the govern
mens was to prevent fuecors of any kind from going
TO the enemy, this invitation mpeied moral eblga-
ton on the citizens to comply with it. 1t was ALTO
the policy Of the Gate adopt this mode, becauie
thofe indebted to the Britilh might nos otherwire
haus been known. This elafs of citizens ought not
alone to fall facrices to the calamities of war. In
many initances they have been ruined by making
thoie payments, becaufe that circumftance furnhcd
| evidence of the debts, which could not otherwifc
| have been proved. Conidering the engagement of
the itate as CONTRACT of indemnity, fhe was bound
to perform it in its full extent. In no inllance ha. the
icals been applied to fuch contracts. Mill. vs. Bell,
IN this court eitabliihes this principle. do
to contend that becaufe it was public debt il wa.
not to be ealed but rely the cafe of the Com
nionwealth vs. Beaumarchais, cited by the Attorney
Geni, to prove that claims againit the commonwealth
were to be decided on the fame principles, thofe
between individuals and, this being covenant to
indemnify, the fcalc coudnot be appalled, to il. There
Is alto an additional reafon All other creditors of
the Rate, who held loan Office certificates, were per-
m'tted to exchange them for money. But thofe who
became creditors BY depoat:ng their money in pay
ment OF Britiih debts, were expressly prohibited from
drawing 1t out again. Oh Rev. p So.) Thus they
were deprived the ufe of the money, and prevent
ed from applying it to the payment of other debts
But 1t is iaid that ,hole who made fuch depofts
can only claim as they authorized by particular
laws Iheie laws are en- PEP fai70; and, although
tnere is no poitye provilion in contribution de-
earing thar they Valid yer this court has uni
formly decided again them BeGdes, it is not in the
power OF the public BY its inf act to alter its
| contracts with individuals The general lazy for
icalng debts, applied to ali psrfons; but the at of
1896, is partial and violent in its operation and made
by one OF the contracting parties only Thus Philip
H. KING OF Spain IS faid to have abolilhed all his
| debts, by his own act.
But, If am miAaken the main point the At
| torney General was equally nifaken on the other
me chancellor fixed the iczlc, the date OF the pay
nient INTO the reafnry; watch farely right. In
Plealants vs. Bibb the decided that, where it
appeared from the documents that the contraa was
CT anterior dat: 70 the bond the ae fhould be app
&c at the time of the contract The governors re-
f0 ne ofFrs
and IS IKE the caIs BIB, where tbs
bond was to carry intereR from prior date The
governor had no power to receive the money: he
could only give arccept founded hoe Of the trca-
iurer In l777 and I77s which alone was evidence of
| the payment.
1t is laid that this point fe,tled in the cafe of
! the Commonwealth Newton; & tha, ,,e .p,ellees
are not entitled to warrant, except under the act of
1896. am of different opinion, and coniider that
| cafe as concufive authority in our favor. Newton
merely received his warrant for ntereR, without re-
iervng right to coeend for further compensation,
as in th. cafe Tbf,s, too, although the act of AZ
iembiy fad he houd receive his principal debt out of
particular fund, yet, that fund proving unproduc
tive, the court iad his nterea fhould neither be ex
tinguiihed nor the deb. confdered as paid So be,..
II walker cannot obtain jufice by receiving payment
under the particular proyons of the act Of 1886 the
court will look into the original tranfaions in order
to effect it,
RHndsif6, in reply. with refpetf to the GRAND
principle involvedin this cafe, Walkers executor !;
not the only perfon interehed Hundreds of Others
are now waiting the of this deciion and onId
1t be in favor of the appellee, the whole revenues of
the Rate Tor many years to come would not be fuFf
cient to iatisy their claims know that this eircup
iance will have weight with this court nor was
It intended that it ihould. Public inconver;.uc.
however, ought always be great obRacle ~
granting any claim and nothing but the ,;unc
tons oil particular laws junify the granting this
which will be attended with fuch cxtraordinarv
consequences.
Not law can be produced which give. the Audi
tor power to act upon this cafe. In I777 and l77a
the money was paid into the treafury and i, could
not be drawn out again until it was authorized bv
the act OF 1876. By this law the fcale was direGed
to be applied in particular manner; and the officers
OF the government could only acf under its poIitive
laws
But OH the merits, the commonwealth was mn,
bound to pay the FIJI amount. Virginia, fovereicr
Rate and not even bound by the confederation robt
well lay to her citizens, you you will pay to me
the money due from you TO my enemies | will pro-
feet you as lsng as my foveregnty continues" After
this confederation OF the Gates was formed which
being found inadequate, the people, (of whom the
apPsliee's tettdor was one) in their fovereiqn cha
raesr, organized new government by which trea
ties were declared to be the fuprerhe law o the land
and Judiciary eiabihed, whole drciGous. bv
virtue OF treaty ublequenty made, annulled thofe
payments. Can any thing be more UNREASONABLE than