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

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WALKERS EXECUTOR.
Thomas Walker on the csth of Norember, l77f
ard 3rd of April, 1878, paid into the Lean- oEice
sertain iums of money, and obtane the proper GER
tfcates; for which the governor gave him receip,
ON the 25th OF !. ay, i7T9 m dilcharge of Britii
debt After the aSt Of 1876, upon the fubiea Of
iueh payn'ea, his executor applied for certificate.
for ste laid iuns and nterel but the treaiur.r in
Tilted upon reducing them by che cae of depreciation
of May 1870. This was at firit objected TO; but
as the trealurer psrted, the received GER
tiflcates or the amour, according the feale ex-
Preisy declaring, how that it houd not preu-
dice has claim TO the original fums and interef He
afterwards app.sd to the auditor for a warrant for
the difference between the fun received and that to
which ne conceived himelf entitled, but was refuled
1t IN coniequence of which he appealed to the High
Seu.s oI Ch"neery where it was decreed that the
Auditor f,oud iiIue warrants for the xsis. of the
iums according to the fcals at the times when they
were paid into the Lam OFse: from which decree an
appeal was taken to this court
attorney General, for the commonwealth The
suction to he decided by this Court is whether the
icae oil depreciation to be applied the time the
was paid TIE Aiibarge Of yfLc ae0, by taking the
governors receipt for that purPole.
1t WILL indeed, be contended by the council on the
ether hde, that the debt ought to be fcaed ar all
his is an important suction, bit it is on which
all men ieenito have agreed. During our revouti-
enary war the property Of Brith fubjects, in this
Rate, iequeAsred, and by an a6f paifed in l777
sitizens Of his commonwealth owing money to lub-
ject Of Great Britain were allowed to pay il in the
Loan Ofiee, taking certificate in the name of the
credtor, with endorment of the comn,ilIioner of
loans expecting the name Of tie prayer, which GER
theate was to be delivered the governor and
Gil, whole refft dibarss TIE I6to TO, 70 xyaeb
IL aft he def; oE ,ha
thofe payments did dheharge the debtor from the
demands of his creditor, the Legislature pafed an act
authorizing the perons who had thus paid money into
the Lean Office receive certificate from the rea-
iurer for the according the fcae of depr:c-
alton at Bsii3e the payments eveyay maA toge-
ther with ntsreit. 1t will not, perhaps he contend.d
shat bccau!e the money due from, the late the
debt was nor be fcaled, for that point was feted in
the cafe of the Commonwea and Beaun.archais.
But it will he inliled, that becaule il wa, paid
under the faith OF law the commonwealth is bound
ca reeaie the debtor.
will no; queftion the motives OF the federal
court but save heiitaton i'll faying their deciGon
was wrong. Virginia, being 4 fovsregn Rate had
right 80 rais the law in quelon and mere treaty,
after he paG4gc OF the law, could not annuit. Al
though treaties are declared by the Federal CON-
hitution to be the fupreme law of the land yet they
cannot have retrospective operations 70 as to annu
the acts of fovereign ates has the judiciary of
the u States any fuch power.
1t may he faid that the application Of the ftale
wasa bardihip on thoe who owed Britifh debts; but
they canno; complain ;becaufe the principle eNab
hed By the Legislature is perfectly equitable as be.
tw. en individuals, aud they placed on the fame
footing as ali other Prrions. Ours not all ordi-
nary 'tuatioH Young and inexperienced in the art
OF war, hrlples in the me ans OF caTryinp il on and
confending with one Of the n,oA powerful nations in
the world, we were compelled to refSrt every ex-
pedicnt authorized By the law Of nations to annoy our
eneniy and promote the ficcefs Of our eauie LARGE
quantities OF paper nancy, which has cmpha,icaily
been called tie iieli Of America" were emitted
Al olaes 6foitizcns filtered or efs by It's rapid
depreciation; < every rdiviuab had 20 make lome "a
''ees but this with o;her evils incident to Fate OF
war, was only purchafog our The rites at a CHEAP rate
From the ueceiiiiy 81 the cafe this paper money YVES
hn7iiy called ia. At great rcdu ion from It's non,i
Wal value ana fcae Of the depreciation eGalIi0,ed
for The aiiumcn Of dehfs contracted during its exit
tenee This affected 10y poGtise leo Gative ael
arc, IN MANY itfanos. operatrd iGiuriouAy on in
oiJduais IS The g,u.buf according TO the (cale
IN thnie Widowed Dffh debts, would row do. Jr
u admitted shai IKE !-siilavre has power to pals
law, t!iC dctf.ss in tins cafe, can oni, claim In =
msnrer in Hich they authorize to Le paid that
i, b. III frsie Interpretation.
The - y oueiii'n IS, when ough, the (ea'c to he ap-
r'ird lie m0aey was paid into Ia loan Office in
III aad i57a. hut transferred to the feouelra
tion fluid ~ 1879; and the act of roo eTpref,ly
iays 'ha; ;he nioney ha be 'ersid according to the
fais ~ ttet'nei' Wa osjg,rAy PAID on account OF
lie B'i,ih creditor
Re' may be fad ti'a Ills i no; common cafe
and b"e i''e Ge n'cney o-rcd in i777 ard l77s.
the ieale oasb; TO be applied thar time and not
when It was paid on account Of the Brith debt.
When the lozn oihse certificate was depo,ied IN lie
fegGeHratonfDd, it eeaies to exia aud the ,eeein,
cfthc governor and council was the only evidence
that II ~asFs,d IN dleharge Of fcch debt. The con
<eaa then, ior ie irA time originated th the TO-
Vernmeni and II would have been the fame thin" n
f'ot'sy rcd then heen paid. The cafe Of the com.
noi~easth vs. Newton, dsS.ded few daysavo.
i anaiogousto tbs There. the bonds were due j,y
he ''ats i0Ss anterior to the revolution but Newto,
kavjag tskeo ost warrants fer the intere.i. in i77o