North Carolina Gazette

              nort h-c arolina gazette vol 8 saturday december 21 i^o (' v 4 i 5 charleston xcve^hr 13 port rf their chim and the treaty of pe acc v 3 pai t cujarly lniiiteu on the defendant contended that no com pound inwreit caght to be allowed after the mutual dealings of the parties had ceaied • and that no intereft at i oqgk to be paid during the war as all eomniankation was prohibited by the foversgn po , ver ofeach nanoa it was iki&wful and mdeed impoili b;e to makereinittances that rhe complii nant being anafeen eneny had c,o power to ue and had 120 demand during the war • tharhis claim was tofeited by the laws of nations and that he treaty cf peace only reilored him rr the right he bad a'r the com inencemen of the wf : that the word debts in the treaty did ct include btereft of courle ; and that it treaties where intereii is intended to be incbekd it is always rr.en noned : feveral cxdads from treaties were read in proof of this that the a<ft of a fovereign or a ttate h the act of every indi vidual who compoleslt ; and that the com plainant did in fad kindei the defendant fro:n making paymert r/.xi therefore he mould not have interim ybich is damages of detaining the deb ; bflides that in a great national tab-ivy vhere the defen dants could receive o profits no inrcreil ought in eqirty to a ru this appeared to have been the law i ireland and ou^ht to be fo here c the jndges ddiver :! their feper tc op'.'a ions with great dearn fs and preciiion jud^c uae was of c inion thar the com plainant fhould reco xiniertir acrordinfr to the contract till 777 o n both debts thai the intereft fhoi d then ceafe till no vetnber 17 he the t ne of ilgning the pro vifiona articles of th reaty of peace and ihould then conimenc according to the con tract ami continue ti paid jnd^e paterfon wi cfopi.iion that the coiupound intereft uid be paid on both debts duiing the tii the parties had mutu al dealings ro wit ton thei6.ccol till 1777 due troni gft-ge crof rs & co and then to draw imple inireil at 5 per cent rill paid thai being the jms the dealings ceaf ed ; and that tne rjijoj draw ccu;r.ouril interrit till deceaib 17s3 the liine the riealh.gs with le^erl greenwood cealt-d from which time i ifcld draw gmple inter ell at 5 per cent till aid he was of opin ion that the treaty af peace refiored the complainants to all ihlrights they would have had if no war hid beer ; and that the intereft was a necritiry conlquence of the dtbr and was intended by ihe treaty of peace the court being divided no final decree was made reives ifpofi&ie beyond their afoal endea vors in favor of their relptctive dients i he court and jury attended with grcar la tisfactipn torbefe arguments which were continned ior two da)s hum mcrnina till fun fet 6 jn ch irgmg the jury judge cnfiiing was clearly oi opinion that th ( - iraniactioa beii g on a written contract in ihe nature cf a covenant in v hich intertit was expreisly ftipulated the fame mould no be ccntidered ijn the nature of damages but the t the one u s as much dnc as me other t d ct com \-. , that the 4th arr;c : r of the trcasy of j •■ ace ap plied fully ro the ca'e as a i r.apdt debt h re tofore contracted ; that rhe leveral czics pro duced from ilie law cf nations cuitom of merchants and other freatie c , ad net . . - , in this inftance : he therefore dir ltd ir>e jury to find the folii urn demanded both prin cipal and interelf federal circuit court ox friday the 2qih u!t in ttie federal rirc.iit court held in thiscity the im portant chufc ot william higgin:on lurviv ing copartner of greenwood and ii^j : - n of london merchants and v illiaui ureen v.'oon i'urviving co-partner ot legrr and greenwood i>f caarieiron and ii ; o crofts u;d ("■;. ■ / georgetown — was again argued and at length determined by a this fait w:»s originally inftkuted by a bill in equity apainii the furvivihg ■'*• partner and the executors ot the deceaied co \< u inen t for tiie performance of contracts and a dil covery ot aflets a demurrer to the bill and a plea lo the juri'diction cf tiie court was argued at october term 1791 ; the pica and demurrer were over-ruled and the pan es ordered to anfwer over a writ of error from this order was tendered at october term 1792 and the quefcionoi appeal fully argued the jud s were of opinion that no appeal lay to the fupreme court but from final judgments and decrees and this being onjy an interlocutory order the lame ihould be endoried 0:1 the writ » error upon this the defendants federally f:ied anfwers to the bill in equity and at laft may term the counlel tor the defendants applied to the court at columbia to have thiscaufe referred to a jury to find the quantum of debt due ; fuggeftino that as the object of the bill in e quuy was anfwered viz adilcoveryof aflets t heretic re plain adequate and compute remedy could be row had at law judge patterfbn was for retaining thecaufe role dctermii ed inequity : judge b'.:e for fending it to jury to aii s the balance then due l he court be intf divided the motion fell to the ground and the cu lie in equuy was then hilly ar--'ueil on the merits which were as fofiow : judge bee d iiercd . he was rf opinicti tj:e.contra<a originally has entered :::;;> r the mutual beneiit of ihe pmit -, chat the deiciidan's being pj evenred from i ertoi ruin r their part by the lovere gn power oi hotu nations q n d it appeal particularly ti.ac property fhipped by the c endanis in a cir cuitous vo\age to reteit ir ; ey to rhe pl n riffs had been captured ard condemned in england the mutual advantages of courle ccaied wlien hoihiiaes commenced as alib niuiiu de.i]i:.gt ; and hence u.o determuia porj in ihc cat of'^rerliiig and drwmmcnd in tiie houfe of lords in england that no conjpound intereft ihould be allowed i ; t dauieof roc treaty of peace had ever ap peared to hira jv chiefly intended to prevent ihe payment oi ctiyi m depreciured papery or any other than lterling nioney ; that iuter tic o being expreitly irentioned in the treaty the allowance or i o was ( pe.j tefiif cuii.oii di it s !.. t c.wn to be in tlie nature oi damages ior tit detention of a debt and not as j art ct the debt itlelf j that the la laid down in nierown 516 deterir.ined alio in i,ic hoi fc u a:\xw\u jtngknd viz \\\ cvr the product or iu u ceai'e during a <_ : eat i:a t'onal ca!-ii;ity tbtir intercit althcugi ex preisly hipuiaied for ilculd ceafr cirght aiio to apjiy m th s i f ; tii^t uc decilmn icr this iij.c lij.'.ht ci b;.l a prece cnt c r america and ii iettitd on pr.n s recc nized in tng^land wfccfe lwj .. = 1 strc iubject to i.o rti.lcs 1 jpr cod pia.iii tuu:ii remain i.c ti . : v : re v . or cp.nicn tl.ct the jury in cci i ■■ r;r.g theft crcu!i;f:arce might allow iuch in er it error as they jnouid tnink jufj . ie i rv retired at fun let a;:c at h^h ; r.-r f tv .-■• ' ■ , . ! upon their verdicts i.:ch were le;.i d up and delivered lato totirt the next morni ., i the following words : w.llism ' gt ; on furvivor cf greenwcct a:ut higgmlck vtrjus v i.:ijni green wded lurvivor or lt^er u greenwot ('. we find icr the planting eighty-leren tbouland mm hundred suci t ghtren ci_;..ii and lixry-hve cents ' ij desaussure foreman william greenwood ur\ivor ofgrtenwccd and higginlon vcrfus william green wood lurvivor of george crott & co \, c find lor the plaintiff fcifiy-three thouiand nine hundred ai;d two lciiai and forty-eight cents c llsalssure foreman t appeared by the pleadings and the cvi de::tf tii it m 1 7 7 1 the defendants v rot r 0 the complainant - to iupply tiiem with goods and agreed to aliow t.ieufual commiillrn o;i tiie purchaies and five per cenr intereft ; thattne accountsof the ccajpiainants hiould be fettled and balanced every year and intereft charged on the feveral invoices after a cer tain period from their reipe&ive dates ; a:a if not pad at the end ol each year ihould be added to the principal aud draw inttrrcit 1 fo at five per cent i his appe ired to be according to the cuf tom of merchants engaged i;i that trade at me lame liiiic f he dealings between the par ties were continued for feveral ears and the accounts ol via complainants were ftated according ro ti:e agreement and lent over to the defendants until the 31ft of december 1777 > which they acknowledged to have re ceived and to be juft the notion for fencing the caufe to a ju ry being renewed t this term the matier was fully argued b the conn lei on c.ich fide the court re of opinion that as the judges were dilided on both points at may term lift the cule fliould be coniuier ed as in the fame nation now that it was //;£« ; and on the mjf-itsof the nu-ti -,:), vwr *. of opinion for directing an lfltuc to ajnryj t f.iy the quantum oftdtbt now due l>or.i the defendants to the jaipjainaiit ; wh.ch ifiue being acconiinj;!y inicic up the caufe cn.'i on for argu.nent m tueiday the iotii u before a ipecial ji:r fummoned and itnpan nelled by content of parries agreeably to the mode practice ! in the ftatc courts of south-carolina ccy.fiilin of the fosiov inn gentlemen : david alexan er jofhua tt^rttrphves robert henry roi tn hervey john black james snlgin da jel defauilbre edward darrtll edward morth jai-es m'cail william soir.erfall joieph vefcv — the iix firft being britiili letiled here fince tne peace ; the latter aicricans 1 he fame grout dsof rgu:nent that were infifted on at col imbia in may lad were gone over again ivith great dearnefsand precifion and may new ones adduced by the counlel ou boti fides v ho exerted them mr william greenwood one of ihe de fendants and the only furviving co partner of both the companies in america was put on the coniiication i«'c in south-carolina and iiis property lequeitcred for tie uie of the flate in 1782 he after yards went to en gland and the complainant there applied to him to acknowledge a i:.;ted account againik lecer and green»vcod which was made up to the amount of about 34,000 in which compound interell was charged for the whole time he defired this might be the purpofe of recovering it of the coiiimillioners of con fifcated property in south-carolin.i which the defendant figned accordingly ; but i his anfwer to the bill he avers that he was un der a urel and figned without examinati on there was iome evidence to this point the c«u!'e was argued with great ability learning and eloquence on botii tides the complainants contended that they were en titled by virtue of the contract and the cuf io:n of the trade to the principal and intereft on their debt during the whole rime and in tereft on the accumulation each year ma ny caies from the law were produced in i ; ip the jury stthe timeof deliverinjr in the above verdicts informed the rev c thd tfa had ■ riif'alib ved ii.:ereii dcrmg ihe wsr on the dtbts aid credit aud ailrv ctl fin ; e in tereit oi fi-ve per cent ii..ce ihe peace l o x d o :;. i.tl'il i.x j^cl of luaiy t , thehouierffi ivetlitft'f ; r'o c6tf»tr.*t!re on the bill tb prevent ttteek&ion av.d appoint ment of conventions the lord cliaucellor m cd n amendment