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Sign up freeThe Kentucky Gazette
Lexington, Fayette County, Kentucky
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On Friday the 7th inst., the Federal Court in Richmond, Virginia, unanimously ruled in favor of the plaintiff on most points regarding the recoverability of British debts, considering the U.S. Constitution as repealing conflicting Virginia laws and upholding the treaty of peace. The court divided on whether loan-office payments barred recovery.
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The points before the Court were:
1st. Whether the British debts were recoverable in that state the acts of the Virginia Assembly having prohibited the recovery, which acts passed prior to the adoption of the Constitution of the United States?
2d. Whether the payments made into the Loan-office were not complete Bars to the Plaintiff's action for so much as was paid?
3d. As the definitive treaty had been broken by the government of Great Britain, whether the treaty of peace should be carried into effect on the part of America?
And, lastly, whether the debt was not annihilated by the dissolution of the government, on the 4th day of July, 1776.
The Court were unanimously of opinion on the first, third, and last points, for the plaintiff, considering the adoption of the constitution as a repeal of all laws in opposition to the treaty of peace, which by that adoption had become the supreme law of the land and upon this ground gave judgment for the plaintiff on the first point. On the third they were of opinion, that the court could not take notice of a breach of a treaty if such did exist, without a declaration to that effect from the Congress of the United States. On the last, they gave judgment for the plaintiff, as the plea of the defendant could not be supported by the laws and usages of nations. On the second point, the court divided, Mr. Jay, chief Justice of the United States, for the plaintiffs, Mr. Iredell and Mr. Griffin, for the defendants—upon the plea then, judgment was entered for the defendants, a majority of the court supposing, that as that law had been carried into complete effect before the treaty of peace, and as by that law, the defendant was discharged from the debt, the treaty of peace could not again charge him.
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Domestic News Details
Primary Location
Richmond, Virginia
Event Date
Friday The 7th Inst.
Key Persons
Outcome
judgment for plaintiff on first, third, and last points; judgment for defendants on second point due to majority opinion.
Event Details
The Federal Court gave opinion on recoverability of British debts: whether prohibited by Virginia acts pre-Constitution, if loan-office payments barred action, if treaty breach affected enforcement, and if debt annihilated by 1776 dissolution. Unanimous for plaintiff on first (Constitution repeals opposing laws, treaty supreme), third (court cannot notice breach without Congress declaration), last (plea unsupported by international law). Divided on second: Jay for plaintiffs, Iredell and Griffin for defendants; majority ruled payments discharged debt pre-treaty.