Page:United States Reports, Volume 1.djvu/419

408 

1789.

beƒore the 29th oƒ January, 1777, it is certainly conclufive againft the prefent demand. Confcientious men may, induced, reflect upon the enormous advantage of making a payment at the rate of fixty for one; but we are bound by the explicit language of  the law (except where it violates the Conftitution of the State) and muft leave thofe to anfwer for its policy be whom it was enacted. But, on the other hand, how will the cafe ftand, if the tender was not made in bills of credit of a date antecedent to the 29th of January, 1777? The arguments of the counfel have differed widely on this ground ; and the queftion is, whether the words of the act apply only to the bills of credit which Congrefs had emitted ; or, extend, alfo, to thofe bills which Congrefs might emit?

The doubt, in this repfect, is not entirely novel. ABritiʃh Sergeant, having a licence in the year 1778, to carry clothing from Philadelphia to Lancaʃter for Britiʃh prifoners of war, brought with him fome forged paper money, and paffed it at the latter place. He was tried for this offence, and the diftinction as then taken that the forgery was of an emiffion fubfequent to the 29th of January, 1777. The point, however, did not prove to be material ; for, the Court, confidered the Defendant as an alien enemy, who might, indeed, be punifhable for any action makum in Jr, but was not liable to the penalties of a municipal regulation, and, on that ground, directed the Jury to acquit him.

By the act which was paffed on the 20th of March, 1777, (2 State Laws 48) we find that the State paper money then omitted, was only made a tender at common law; for, the words of the act merely declare that a tender in that money fhall have the fame effect as a tender in fpecie, which is clearly no more than a fufpenfion of the intereft. The fucceeding act, paffed on the 25th of May, 1778, (2 State Laws 131.) after providing for the exchange of bills of credit iffued under the authority of the King of Great Britain, gives to the bills of credit iffued by Congrefs only the fame currency and effect in payment of debts which the above mentioned act, of the 20th of March, 1777, had given to the bills of credit omitted by the State; and that, as I have arleady remarked, did not  an abfolute difcharge of the obligation. By the act of the 1781, tenders are declared to have no other force than that which was given to them by the laws in exiftence at the time they were made. 1State Laws 447.

The intention of the Legiflature muft be collected from the words which they have ufed, unlefs a different meaning can be manifeftly fhewn. The conftruction, then, that we have put upon the words of the act of the 20th of March, 1777, (which, by exprefs referrence, is made to govern the operation of the act of the 25th of May, 1778,) is, that the Legiflature only intended to make a tender of the Ł 200,000 bills of credits equivalent to a tender at common law. There is no fatisfactory reafon oppofed to this conftruction ; and, but for this, the act of the 29th of January, 1777, might be as well extended to the bills of credit which were wards,