163 



and, on an action by an alien enemy to recover money, 

 or other moveable property, the defendant may plead 

 that he is an alien enemy. This extinguishes his right 

 in the hands of the deijtor or holder of his moveahle 

 property. By our separation from Great Britain, Bri- 

 tish subjects became aliens, and being at war, they 

 were alien enemies. Their lands were of course for- 

 feited, and their debts irrecoverable. The assembly 

 however passed laws, at various times, for saving their 

 ])roperty. They first sequestered their lands, slaves, 

 and other pro|)erty on their farms in the hands of com- 

 missioners, who were mostly the confidential friends or 

 agents of the owners, and directed their clear profits to 

 be paid into the treasury: and they gave leave to all 

 persons owing debts to British subjects to pay them 

 also into the treasury. The moneys so to be hrought 

 in were declared to remain the property of the British 

 subject, and, if used by the state, were to be repaid, 

 unless an improj)er conduct in Great Britain should 

 render a detention of it reasonable. Depreciation had 

 at that time, though unacknowledged and unperceived 

 by the whigs, began in some small degree. Great sums 

 of money were ])aid in by debtors. At a later y)eriod, 

 the assembly, adhering to the political principles which 

 forbid an alien to hold lands in the state ; ordered all 

 British property to be sold : and, become sensible of the 

 real })rogress of depreciation, and of the losses which 

 would thence occur, if not guarded against, they order- 

 ed that the proceeds of the sales should be converted 

 into their then worth in tobacco, subject to the future 

 direction of the legislature. This act has left the 

 question of retribution more problematical. In May 

 1780, another act took away the permission to pay into 

 the public treasury debts due to British subjects. 



