The Kentucky Gazette

On Friday the 7th inst. the honorable the Judges of the Federal Court, held in Richmond, Virginia, gave their opinion on the important subject of the payment of the BRITISH DEBTS.

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 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 plaintiff, Mr. Iredell and Mr. Griffin, for the defendants—upon the plea then, judgment was entered for the defendants, a majority of the court supporting, that as that judgment had been carried into complete effect before the treaty of peace, and by that law, the defendant was discharged from the debt, the treaty of peace could not again charge him.