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HEPBURN'S CASE. 115
not passed until the second day of February, 1781, although it is
referred to as October, 1780, ch. 45. The enactments upon this
subject are numerous, running through a series of several years,
and embracing a great variety of matter. But in regard to this
case, they need only to be considered so far as they have a bearing
upon the means which, but for them, Hepburn would have had, or
which they gave him of recovering his claim due from the Molli-
sons. That they changed his remedies, in some respects, is clear;
but did they not give him others as effectual as those which they
virtually destroyed ? And did they place in obscurity, or remove
beyond his reach, any part of the estate of his debtors against
which he might before have had recourse ? These are the only
questions.
It is admitted on all hands, that the Mollisons, who were then
living, were not brought within the scope of those laws, as trai-
tors; and therefore, none of their provisions which relate pecu-
liarly to forfeitures for treason, or to escheated estates, apply to
their case. They and their property were affected by those laws
only and exclusively as being then British subjects and alien
enemies.
By the act of October, 1780, ch. 45, it is declared, that all the
property within this state, debts only excepted, belonging to British
subjects, such as the Mollisons then were, should be confiscated.
But it was also declared, by the same act, that all citizens of this
state, such as Hepburn then was, should be fully paid and indem-
nified, so far as their British debtors were solvent, out of the pro-
perty confiscated; to be adjusted by the General Assembly: Pro-
vided, such British debtors had not debts due to them within this
state sufficient to satisfy their creditors. Thus requiring the credi-
tors to exhaust that fund first before they made claim against the
confiscated property taken into the treasury. Commissioners were
appointed to preserve the property so confiscated, (t) who were
authorized to receive claims and report to the treasurer as to the
probable amount due to creditors from persons whose property had
been confiscated; and the treasurer was directed to reserve a suf-
ficiency to meet such claims until the General Assembly should
take order therein, (u)
The time for bringing in claims against the state, which arose
on any account before the tenth of January, 1785, was limited to
(I) October, 1780, ch. 49,—(u) May, 1781, ch, 23, s. 10,
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