Page:United States Reports, Volume 2.djvu/113

 Sorastn Comer or Pmyjlomh. go-, itat inllrullions were not given to fome perlim, to fee that it typo. wasregularl made out. On that ground alone, thcrcfore, the motion mall, be granted. But even if the plaintiff had not been guilty ·of a [adm; if it was a misfortune, and not negligence, that had prevented the feafonable arrival of the reeord, we ihould {till doubt the propriety of refuhng the rule. Rsseuauca ealuinigr then prevented prolit, and confequently flowed interelt, which is in lieu of prolit. 'I he creditor lays, indeed, I.e has laid out of his money; helaas therefore l··ll the ule of it. 'l`he debtor replies, that if the creditor has loll, he has not gained it : that this may he a quell tion between two parties, l:oth oi whom have loll. In that cafe the courts will not double the lol`: of the one, to fave all lofs from the other. That it is s rn!e of natural, as well as municipal law; that in quellions de damno eritando melior ell conditio poiilidentis lf this maairn be juli, where each party is equally innocent, how much more fo, whcre the lol`: has heen produced br the acl of the creditor? For a nation, .s a l`oci·ty, forms amoral perfon, and every member of it is ` perfonally refpnnlible for his fociety. lt was the acl: of the lender, or of his nation, which annihilated the prohts of the money lent; he ' cannot then demand prolits, which he either prevented from coming into exillence, or burnt or otherwile dellroyed, alter they were produ- ced. If then there be noinllrurrent. or title of debt, fo finrmal and , _ ,_§cred as to give a right to mterell under all pollible circumstances, and ` * if circumstances of exemption, stronger than in the prefent cafe, cannot poihblr beiound, then no instrument or title of debt, however formal or facred, can give right to interest under the circumstances cli our eatin `Let ns prrfen: the question in another point of view. Your ow._i`-ij,iu=§·tbrba:le, the payment ot interest when it forbade the. _ receipt  Qbineriaan produce into Great Britain, and made that pro- ‘ · ducefair prize on its way from the debtor to the creditor, or to any other for his ufe and reimburlbnient. All perfonal accels between creditor and dehtor was made illegal, and the debtor who endeavoured to make a remitment of his debt, or interest, muli have done it three times, to allure its getting ence to hand : For two out of three vellels - were generally taken by the creditor nation, and fometimes by the creditor liinnfelf, as many of them turned their trading velfels into privateers. W here no place has been agreed on for the payment of a debt, the laws of England oblige the debtor to feel: his creditor Wh€|'Cl`¤evtr he is to be li-und within the realm. cillin Lit. 2l¤· lh but do not band him to go out of the realm in {earch of him. This is our law too. The lirll aft, generally, of the creditors and their agents. here. was to withdraw from the United with their booLs and papers. The creuitor thus withdrawing from his debtor, fo as to render pay` men! 0:

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