HEPBURN'S CASE.—3 BLAND. 103

their creditors, and to pay into the public treasury the balance by
him collected. These special Acts were, soon after the peace of 1783
repealed. 1784, ch. 74.

But the general law of 1780, as well as these special Acts of
1782, without at all affecting any remedy which Hepburn had
against the Mollisons' personalty, or any other portions of their
property, did in the most explicit terms preserve, and even im-
prove all his remedies against their debts which were the subject
of those enactments. For, it is expressly declared by the general
law, that all sums of money so paid into the treasury should be
"liable to the attachment of creditors;" and it is positively pro-
vided by the special Acts, that nothing therein contained should af-
fect the creditor's right to proceed by attachment. Hepburn, as a
creditor of the Mollisons, could have reached their debts, for the
purpose of obtaining satisfaction of his "own claim, in no other
mode than by an attachment, making their debtors garnishees;
and here it is distinctly declared, that the State may, in effect, be
made a garnishee under certain circumstances, in place of the
debtors. So far then the direction of the remedy was changed; but
it was in fact thereby much improved; because, it was more easy
to ascertain whether the State held any thing, and how much;
than any individual who might be summoned as garnishee. Ware
v. Hylton, 3 Dall. 268.

It was declared, that no book, papers, or evidences of debts due
to British subjects, such as the Mollisons then were, should be
*taken out of the country; but, in the absence of a resident
citizen agent should be deposited with the treasurer of the 123
State. October, 1780, ch. 45, s. 10. And it was further provided,
that the factors of British creditors should not collect and remit
debts due to them until they had lodged with the auditor a list of
all balances due to such creditors, and given bond to satisfy the
citizen creditors of those British creditors. 1786, ch. 49. Thus
preserving, for the benefit of citizen creditors, the vouchers, and
the funds within their reach so as to enable them to levy their
attachments with more certainty and effect.

From these various views of the subject it clearly appears, that

all Hepburn's remedies for the recovery of the debt he alleges to be

due to him from the Mollisons were preserved in the most effectual

form by the Confiscation Acts. And, that, supposing those Acts out

of the question, there was nothing in the war; or in the circum-

stances or situation of the Mollisons, that could, in the slightest

degree, affect his remedies, and therefore, there is nothing under

which his claim can take shelter from the presumption against it,

unless it may be found in the last position assumed by him; which

is, that there were, in fact, no debts due to the Mollisons which he

could have attached, or if there were, that he was wholly ignorant

of there being any such debts; and also of the fact of any pro-