Page:United States Reports, Volume 1.djvu/244

Rh 

1788.

form a code which pervades all nations, and muft be every where acknowledged and purfued.

Upon the whole, it is clear, that this tranfaction does not arife in fraudem legis and that extending the law of Maryland to its prefent object, will be in no degree derogatory to the independence and fovereignty of this ftate:–Therefore, let the exoneretur be entered. 

HE Defendant was include in an act of proclamation iffued during the late war, and not appearing within the time prefcribed, was attained of treafon for adhering to the king of Great Britain, in confequence of which his eftate was confifcated to the ufe of the commonwealth, but it had never been taken into poffeffion.

He returned, fince the peace, to the ftate of Pennʃylvania,  and applied to the executive council, reprefenting that he was a minor at the time of the attainder, and was forcibly prevented by his guardian from joining the American army;–for which reafons he prayed a reftoration of his eftate. The council fiad, they wee ready to grant him a pardon, but that they had it not in their power to reftore his eftate, which was a matter of legiflative jurifdiction. Mr. Gordon, therefore, addreffed feveral members of the general affembly, but he was there anfwered, that the executive council, or the fupreme court of juftice, was the proper tribunal to hear and determine the merits of his cafe. The Defendant, by the advice of his council, again applied to the executive power, and requefted, that, to bring the matter before the judges, the attorney-general might be directed to file a fuggeftion in the fupreme court, of the Defendant's being attainted in the manner above-mentioned.

This being done accordingly, Mr. Gordon gave bail for his appearance, and two pleas, 1ft. infancy, and 2dly. durefs, were filed, to the fuggeftion thus made, on the behalf of the commonwealth;–to the former of thefe, the attorney-general demurred, and joined iffue on the latter.

But now delivered the opinion of the court, that any proceedings againft Mr. Gordon, the Defendant, would contravene an exprefs article in the treaty of peace and amity, entered into, between the United States of America and Great Britain,  for which reafon they could not futain the fuggeftion filed by the attorney-general. And the Defendant was accordingly difcharged. STEINMETZ The object that the Defendant meant to accomplifh by this proceeding, was to reverfe the attainder ; fo confequence of which has title to the eftate would revive, and, as it had not been appropriated or difpofed of by the Commonwealth, there would then be no obftacle to his taking immediate poffeffion. The Legiflature foon afterwards paffed an act in favor of Mr. Gordon's pretenfious.