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HEPBURN'S CASE. 95
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HEPBURN'S CASE.
Where jurisdiction in a particular case is conferred on the Chancellor by a special
act, he follows the authority exactly as given. All our governments are mere
delegations of power for the benefit of a sovereign people. No unlimited discre-
tionary power can be conferred on the judiciary by the Legislature. By virtue
of the power of eminent domain, private property may be taken for public uses;
but private property cannot be taken from one and given to another in any way.
The state may, as against itself admit the truth of any fact, or waive the benefit
of any rule of law. The Legislature may by law, remove difficulties, or grant
facilities, as between individuals, without prejudice to private rights.
Before the revolution there was a legal money of six shillings to the dollar, and a
current money of seven shillings and six-pence to the dollar; but the accounts of
executors and administrators were always adjusted in legal money. No one can
be allowed to discredit his own testimony.
The lapse of years cannot fail to give rise to an unanswerable presumption against
the validity of an antiquated claim of any kind. The statute of limitations must
be pleaded or specially relied on; but a presumption of satisfaction, arising from
lapse of time, may, without putting it as a defence upon the record, be taken
advantage of at the hearing. Lapse of time is a defence available against the
state; and may well be taken advantage of by it. A presumption of satisfaction
rests on two facts; first, that the creditor had a remedy; and secondly, that the
debtor himself was, or had property within reach of that remedy.
The debts of a debtor were formerly, as a matter of grace, always paid out of his
forfeited or escheated estate. The revolutionary confiscation acts gave to the
creditors of alien enemies, remedies as effectual as those taken away; and re-
moved no property beyond the reach of such creditors. The object of the judi-
cial proceeding by attachment is to enable a creditor to obtain satisfaction from
his absent debtor's property found here. Although a non-resident alien enemy
cannot sue; yet a citizen creditor may, by attachment, obtain satisfaction from
the property found here of such alien debtor. The nature and principles of the
revolutionary confiscation acts considered and applied.
John M. Hepburn presented a petition to the General Assembly
by which he claimed from the state a large sum of money as admi-
nistrator de bonis non of John Hepburn, deceased, who was a cre-
ditor of William and Robert Mollison, whose property had been
confiscated, leaving the claim of the petitioner, as he alleges,
unsatisfied. Upon which the following resolution was passed:
Resolved, That the Chancellor of Maryland be, and he hereby is
authorized and directed to examine into the merits of the claim of
John Hepburn, as creditor of William and Robert Mollison, against
the State of Maryland, and to decide thereon according to the
equity and right of the matter, which decision shall be conclusive
in the premises; and if the Chancellor shall find any sum to be
due, the same shall be satisfied out of the funds arising from the
confiscation and sale of the property of the said William and
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