It is not necessary for us to try to follow this veteran and brilliant
advocate in his triumphal progress from one court-house to another, or
to give the detail of the innumerable causes in which he was engaged
during these last eight years of his practice at the bar. Of all the
causes, however, in which he ever took part as a lawyer, in any period
of his career, probably the most difficult and important, in a legal
aspect, was the one commonly referred to as that of the British debts,
argued by him in the Circuit Court of the United States at Richmond,
first in 1791, and again, in the same place, in 1793.[417]
A glance at the origin of this famous cause will help us the better to
understand the significance of his relation to it. By the treaty with
Great Britain in 1783, British subjects were empowered "to recover
debts previously contracted to them by our citizens, notwithstanding a
payment of the debt into a state treasury had been made during the
war, under the authority of a state law of sequestration." According
to this provision a British subject, one William Jones, brought an
action of debt in the federal court at Richmond, against a citizen of
Virginia, Thomas Walker, on a bond dated May, 1772. The real question
was "whether payment of a debt due before the war of the Revolution,
from a citizen of Virginia to British subjects, into the loan office
of Virginia, pursuant to a law of that State, discharged the debtor."
The case, as will readily be seen, involved many subtle and difficult
points of law, municipal, national, and international; and the defence
was contained in the following five pleas: (1.) That of payment,
generally; (2.) That of the Virginia act of sequestration, October 20,
1777; (3.) That of the Virginia act of forfeiture, May 3, 1779; (4.)
That of British violations of the treaty of 1783; (5.) That of the
necessary annulment of the debt, in consequence of the dissolution of
the co-allegiance of the two parties, on the declaration of
independence.[418]
Some idea of the importance attached to the case may be inferred from
the assertion of Wirt, that "the whole power of the bar of Virginia
was embarked" in it; and that the "learning, argument, and eloquence"
exhibited in the discussion were such "as to have placed that bar, in
the estimation of the federal judges, ... above all others in the
United States."[419] Associated with Patrick Henry, for the defendant,
were John Marshall, Alexander Campbell, and James Innes.
Public-domain text, read in full here on John Shaqi.
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