Page:Sketches of the life and character of Patrick Henry.djvu/377

 A solemn inquiiy by a jury, by ocular examination, with other proofs. If an inquest of office were to be had of land, a jury could tell the lines and boundaries of it, because they may be distinguished from others, and its identity may thereby be ascertained. If a horse be the object of inquiry, he can be easily distinguished from any other horse. In like manner every other article of visible property may be subject to inquests; but such a thing as an inquest of a debt never existed, as far as my legal knowledge extends. What is to be the conse- quences, if this proceeding be requisite? You must set up a court of inquisition, summon the whole nation, and ask every man, hoiv much do you oive? This would be productive of endless confusion, perplexity, and expense, without the desired effect. The laws of war and of nations, require no more than that the sove- reign power should openly signify its will, that the debts be forfeited. There is no particular Ibrensic form ne- cessary. The question here, is not whether this con- fiscation be traversed in all the forms of municipal regulations. There is a question between Great Britain and America similar to that between Alexander and the Thebans. Has the sovereign signified his pleasure^ that debts he remitted? A sign is completely sufficient, if it be understood by the people. There is a necessity of thus speaking the legislative will, that the other party may know it, and retaliate; for what is allowed to one, is to both parties. This was different from the nature of a solemn war. War is lawful or unlawful, according to the manner of conducting it. In the prosecution of a lawful solemn war, it is necessary that you do not de- part from certain rules of moderation, honour, and humanity, but act according to the usual practice of bel- ligerent powers. Did the mother country conduct the

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