Hamilton v. . Person

Counsel

Counsel for defendant: All that we are bound to do by the treaty is to give the value of the debt to the British creditor; and if we estimate the value by the same measure as to our citizens, there cannot be any cause for complaint. The act of 1783 has declared that all matters, circumstances, and things shall be given in evidence to the jury, and that they shall make up their verdict according to equity and good conscience. They have not directed the time of the contract, nor of the payment to be taken as the proper period. The jury are the only proper judges, and here they have valued their debt; and what is there to enable us to say they have done wrong? No evidence at all was given of the consideration of the bond. Perhaps it may have been a speculating contract, made with a view to the value at the time of payment. The jury ought so to consider every contract made in (237) times of depreciation, unless circumstances are presented to them on the part of the plaintiff to show the justice of the other period.