Ware v. Hylton
Encyclopedia
Ware v. Hylton is the short name of a United States Supreme Court case where a divided court ruled that an article in the Treaty of Paris
, which provided that debtors on both sides should meet no lawful impediment when recovering bona fide debts, took precedence and overruled a Virginia
law passed during the American Revolution
which had nullified such debts. The full title of the case is Ware, administrator of Jones, Plaintiff in Error v. Hylton et al. It is also known as the British Debt case.
"The treaty of peace concluded between the United States and Great Britain, in 1783, enabled British creditors to recover debts previously owing to them by American citizens, notwithstanding a payment into a state treasury, under a state law of sequestration. An individual citizen of one state cannot set up the violation of a public treaty, by the other contracting party, to avoid an obligation arising under such treaty; the power to declare a treaty void, for such cause, rests solely with the government, which may, or may not, exercise its option
in the premises." Justice Iredell delivered the controlling opinion of the Court.
"Patrick Henry
, John Marshall
, Alexander Campbell
, and James Innis appeared for the American debtors, and Andrew Ronald, John Wickham
'the eloquent, the witty, and the graceful,' and Starke, and Baker, for the
English creditors.".
John Marshall
's argument before the bar won him great admiration at the time of its delivery, and enlarged the circle
of his reputation. Flanders also added the reader of Marshall's argument "cannot fail to be impressed
with the vigor, rigorous analysis, and close reasoning that mark every sentence of it."
Oral argument in the case was reenacted at Mount Vernon
in 2011, with U.S. Supreme Court Associate Justice Samuel Alito
presiding. Historic Mount Vernon and the U.S. Supreme Court Historical Society cosponsored the event.
Treaty of Paris (1783)
The Treaty of Paris, signed on September 3, 1783, ended the American Revolutionary War between Great Britain on the one hand and the United States of America and its allies on the other. The other combatant nations, France, Spain and the Dutch Republic had separate agreements; for details of...
, which provided that debtors on both sides should meet no lawful impediment when recovering bona fide debts, took precedence and overruled a Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
law passed during the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
which had nullified such debts. The full title of the case is Ware, administrator of Jones, Plaintiff in Error v. Hylton et al. It is also known as the British Debt case.
"The treaty of peace concluded between the United States and Great Britain, in 1783, enabled British creditors to recover debts previously owing to them by American citizens, notwithstanding a payment into a state treasury, under a state law of sequestration. An individual citizen of one state cannot set up the violation of a public treaty, by the other contracting party, to avoid an obligation arising under such treaty; the power to declare a treaty void, for such cause, rests solely with the government, which may, or may not, exercise its option
in the premises." Justice Iredell delivered the controlling opinion of the Court.
"Patrick Henry
Patrick Henry
Patrick Henry was an orator and politician who led the movement for independence in Virginia in the 1770s. A Founding Father, he served as the first and sixth post-colonial Governor of Virginia from 1776 to 1779 and subsequently, from 1784 to 1786...
, John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
, Alexander Campbell
Alexander Campbell
Alexander Campbell may refer to:Canadian politicians:* Alexander Campbell * Alexander Franklin Campbell , Canadian politician...
, and James Innis appeared for the American debtors, and Andrew Ronald, John Wickham
John Wickham
John Wickham may refer to:*John Wickham , British Brigadier, born 1897*John Wickham , 18th-century American attorney*John A. Wickham, Jr., 20th-century American general...
'the eloquent, the witty, and the graceful,' and Starke, and Baker, for the
English creditors.".
John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
's argument before the bar won him great admiration at the time of its delivery, and enlarged the circle
of his reputation. Flanders also added the reader of Marshall's argument "cannot fail to be impressed
with the vigor, rigorous analysis, and close reasoning that mark every sentence of it."
Oral argument in the case was reenacted at Mount Vernon
Mount Vernon
The name Mount Vernon is a dedication to the English Vice-Admiral Edward Vernon. It was first applied to Mount Vernon, the Virginia estate of George Washington, the first President of the United States...
in 2011, with U.S. Supreme Court Associate Justice Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
presiding. Historic Mount Vernon and the U.S. Supreme Court Historical Society cosponsored the event.